Wise settlement in land conflict needed

Wise settlement in land conflict needed

By T. Sima Gunawan

JAKARTA (JP): For farmers, land is everything. Land gives them life and they will do anything to defend their rights to cultivate the land and reap the harvest.

Angry farmers recently burned down 80 warehouses of the state tobacco plantation PTP XXVII in Jenggawah district of Jember regency, East Java, following a conflict over some 3,000 hectares of land, which is the source of life of 11,000 families.

Hundreds of farmers marched to the Jember office of the National Land Agency on Aug. 2 and attacked the office head. They later moved to the office of the state tobacco plantation and burned the documents kept in the building. On the same day they set fire to a shop owned by the company, to the house of the company's administrator, and to a number of warehouses and several motorcycles owned by company employees.

The arson, which started on July 30 and did not end until Aug. 4, caused more than Rp 1 billion (US$440,000) in losses.

George Barnie

The Jenggawah plantation dates back to the end of the 19th century when Dutchman George Barnie applied for the right to open a tobacco plantation in the area. The Dutch colonial government granted him the right to use the land for 75 years.

Barnie then recruited many people from Central Java and Madura to cut the forest, cultivate the land and grow the tobacco. The farmers were allowed to grow their own crops when the tobacco planting season was over.

The management of the tobacco plantation was later taken over by a Dutch-owned firm. There was never a problem between the land tillers and the Dutch government.

During the Japanese occupation between 1942 and 1945, and in the first years after Indonesia gained independence, there was a void in the status of the land. The farmers were still there, growing crops, but they had to pay taxes to the Indonesian government.

In accordance to the policy of nationalizing ex-Dutch companies, the minister of home affairs issued two decrees in 1969 and 1970. The government gave the state plantation company PTP XXVII the right to use the 3,274 hectares of land for 25 years. The first decree expired on May 22, 1994, and the second in June 1995.

At first there was no problem between PTP XXVII and the farmers. The latter agreed to grow tobacco for the company for five months of every two years. They received a part of the harvest and had the right to till the land during the other 19 months. But later the farmers complained as they earned less and less. They asked for an improvement in their welfare, which the company ignored. In 1978, a riot broke out. The farmers burned down a number of the company's offices, tobacco storehouses and the houses of the plantation bosses.

Several farmers were sent to court and convicted of vandalism.

Life went on. The farmers continued to work hard but earned little. As the fertility of the land diminished, a new system was introduced in 1981 to maintain the quality of the tobacco. Under the system, the tobacco was harvested after seven months, instead of five months. As a result, there was only 17 months left for the farmers to till the land.

In 1990 the restless farmers started to seek legal means to settle the problem by applying for land titles with the hope that they could gain full liberty to cultivate the land.

Their hope, however, was dashed last year when Minister of Agrarian Affairs/Chairman of the National Land Agency Soni Harsono issued a decree giving PTP XXVII the right to use 2,815 hectares of land for another 25 years.

Arson

The situation started heating up. The heightening conflicts resulted in the recent arson. About 1,200 military officers were deployed to placate the situation. There were no casualties and no arrests.

The farmers claim they inherited the land from their ancestors, who had played a significant role in the opening of the tobacco plantation. They demand ownership to the land.

Minister of Agriculture Sjarifudin Baharsjah said last week the government fully supported PTP XXVII, insisting that the company benefits the locals.

He argues that the farmers reap benefits from the arrangement because they have complete liberty on their plots for 17 months.

On a separate occasion, Soni Harsono defended the extension of the plantation's lease, saying what he did was in accordance with the law.

"The right to use the land was in the hands of PTP XXVII. Therefore, when they applied for the extension to use the land, I granted their request," he said.

The case is not that simple.

The government's decision to grant PTP XXVII the right to use the land was a big mistake, according to director of the Surabaya chapter of the Legal Aid Institute Indro Sugianto.

"The government could have given the right to use the land to the state plantation company if the land was neglected. But at that time the land was being cultivated by the farmers. Therefore, the government should have given the right to use the land to the farmers," he told The Jakarta Post early this week.

Indro referred to the land reform principles recognized in the 1960 Basic Agrarian Law.

"Under the land reform principles, the government should give the right to use the land to those who had the greatest interest in the land, in this case the farmers," he said.

He called on the government to review the 1994 decree on the extension of the leasehold of the land and respect the farmers' socio-political, economic and civil rights.

Situation

This situation in Jenggawah cooled after Brawijaya Military Commander Maj. Gen. Imam Utomo announced that the land will remain under the plantation company.

The security forces learned the hard way in the Nipah incident that the security approach does no good. In October 1993, four people died in a clash with the military as a result of a land conflict related to the government's plan to build a dam in Nipah, Madura.

On the night of Aug. 4, the Brawijaya Military Command organized a large prayer meeting and invited Moslem leaders in Jember. Hundreds of farmers attended the event. Military officers were also sent to do community work in the Jenggawah area.

The case is far from over. The farmers have pledged that they would rather die than give up their land.

But Soni Harsono firmly stated on Aug. 4, that he could not meet the farmers' demand. Agriculture Minister Baharsjah has also expressed his full support to PTP XXVII.

Settlement

In accordance with Article 33 (3) of the 1945 Constitution, which says that the land, water and all natural resources are in the care of the state and are used for the people's welfare, the government must take into consideration the farmers' welfare in the settlement of the Jenggawah case.

The people deserve a fair share, which can only be procured if the patron-client relationship between the state plantation company and the farmers is changed. Both parties must work in cooperation under the basis of mutual benefit.

A "reconciliation" is required to restore the good relationship between the state tobacco plantation and the farmers. If they could get along well in the past, why can't they live in harmony now?