Land disputes disruptive, confusing in Irian Jaya
R.K. Nugroho, The Jakarta Post, Jayapura
One of many social conflicts in the easternmost province of Irian Jaya is land disputes between the tribal communities and the government.
A tribe head said that the indigenous people just wanted their agricultural land they had inherited from their ancestors, to be returned or be paid compensation.
The land has been "acquired" by the government "for public purposes".
On Sept. 19 a group of Yobe and Yahim Sentani blocked the Sentani airport in Jayapura demanding Rp 26 billion in compensation for their 30-hectare plot used for the airport compound.
The demand had actually been submitted two years earlier, but the Ministry of Transportation had failed to respond.
The four-and-a-half hour protest was conducted by members of the two tribes following a compensation payment of Rp 83 million to a man who claimed to possess the tribal land in Sentani.
In fact, the man had only 300 square meters, instead of a total 30 hectares claimed by the protesters.
Days later another protest was staged by Felle Sentani tribe members, who also blocked the Sentani Airport management office, after demands for compensation for a five-hectare plot claimed for the airport was not acknowledged.
On Oct. 4 Sentani Airport administrator Luther Yopy handed over Rp 300 million for plots of land located in three tribal areas in the airport vicinity.
The Ministry of Transportation finally gave the tribes, who originally sought Rp 75 billion, Rp 15 billion in compensation.
There was no explanation as to what tribes the money would go to as many tribes had claimed the land.
On Sept. 20 some 100 members of the Sibi tribe blocked the Jayapura wharf belonging to state-owned PT Pelindo, demanding Rp 75 billion in compensation for the land they claimed to own.
Gaspar Sibi, the Sibi tribe leader, said that the tribe owned a total of 4.7 hectares of land in the area, where the office of PT Pelindo, which manages the port, were located.
Is it a kind of blackmail?
This is not a simple question to answer.
Deputy speaker of the Irian Jaya (provincial) Legislative Council John Ibo said that most of the land claimed by the tribe members was previously agricultural land they had depended on to survive.
"In the past the population was smaller than it is now. Now that the population is bigger and the land for agricultural purposes has been decreasing due to development projects, the people started to claim compensation for their land."
According to John, the Dutch administration had "borrowed" the locals' land based on the Dutch Agrarian Law issued in 1870.
"The Dutch ruler promised to return it sometime."
Meanwhile, the head of the Irian Jaya Land Agency AR Mapanding said that in the 1960s, when Indonesia took over the ruling of the natural resource-rich province, all the plots "borrowed" by the Dutch colonial rulers came under the control of the Indonesian government.
"The tribes, who previously owned the land, never received any money for the land now fully controlled by the Indonesian government."
Another source said that the government took over the land based on Agrarian Law No. 5/1960.
According to the law, the state has the full right to own and manage the land, water and air within the country's jurisdiction for the sake of the people's prosperity and welfare.
Mapanding said the legal process would be the best way to settle all land disputes.
"In many cases mistakes have taken place. Compensation has been given to a man representing a certain tribe. Later, another man claiming to represent another tribe came asking for compensation," Mapanding said.
John Ibo said that court settlements would be a less-than-wise option in dealing with land disputes in Irian Jaya. "Amicable or out-of-court settlements would be the best."
Court settlement had apparently haunted the tribe members.
"It's sickening to us indigenous people to talk about law. Legal proceedings are usually time consuming and complicated. How could we be favored by the courts if we are against those holding power?" a head of a tribe said.
He referred to the Ohee tribe head Henokh Hebel Ohee who had spent almost 17 years fighting for Rp 2 billion in compensation for 62 hectares of land in Sentani. The government has built schools and other buildings on the land without giving any compensation.
The Jayapura District Court ruled in his favor in 1992 and ruled that the government pay him Rp 18.5 billion in compensation. But a letter from then Chief Justice Soerjono annulled the Jayapura court verdict.
It was only in July this year that the court executed its verdict and ruled that Hebel Ohee get Rp 2 billion.