indonesian farmer's story
maintaining garden II
From the traceability that LBH Manado obtained, land tenure for farmers Kalasey Dua took place since the 1930s, which is when the land was used as Onderneming Lingkey which the Dutch sold to Japanese entrepreneurs, Hartoki Wakana. Then in 1945 when Japan lost the war, the onderneming was taken over by the Dutch as enemy property. In 1948, Onderneming Lingkey fell to PT Asiatic. By PT Asiatic, employed workers are given the flexibility to grow basic needs, such as bananas, corn, and other food needs.
After the end of HGU PT. Asiatic in 1982, farmers increasingly routinely manage and control ex-HGU, from establishing settlements to planting crops. Moreover, in 1981-1982, the resettlement (settlement) project of the First Level of South Sulawesi was held to the workers of PT Asiatic. After the company ended HGU in 1982, residents began working on the former HGU independently. Until 1986, SK Mendagri No published. 341/DIA/1986 which describes the land used by farmers as the object of redistribution of former land HGU (land reform implementation).
‘That time Governor Mantik gave us a pacul, shovel, machete and ordered us gardening,”said Om Denny Coordinator Solidarity Farmer Cultivator Kalasey Dua (SOLIPETRA).
“The area ex HGU PT Asiatic is 225 hectares, but the work of residents only in the range of 80 hectares is included with settlements and plantations,” he continued.
Since then, residents are free to garden and almost 200 KK depend on their lives on this plantation. The majority of farmers also obtained a working letter by the village government at that time.
In 2012, at the beginning of the dark story, where farmers' land began to erode the Sulut Provincial Government gave land to Brimob covering an area of 20 hectares. The grant itself is done unilaterally. Farmers not involved. Residents can only mourn the bananas and milu that were then ready to be harvested, chopped heavy equipment.
“Majority of farmers who have land do not get compensation,” said om Denny while staring up the hill where the Brimob headquarters has stood firmly.
Even from the farmers at that time, many citizens were fooled. When residents met with the government and Brimob, residents were asked to write names and sign a paper that was originally known to residents as the attendance of the meeting. However, later it was known that the signature was used as a legitimation of the consent of the citizens that the land was handed over to Brimob.
The pain of Kalasey Dua farmers continued in 2019 approximately nine hectares of farmer land was returned to the Health Service of Povrinsi Sulut to be used as a hospital and still in the same year seven hectares of active farmer plantations annexed and granted to Bakamla (Sea Security Agency).
Not satisfied until there, in the middle of 2021, the farmers were stunned when the remaining 20 hectares of their last garden depends on life, initially rumored to be given to TNI AL. The TNI AL had a dialogue with several farmers in Kalasey Village about plans to build offices and army headquarters there. In the dialogue, the representatives of the citizens made a rejection. Residents began to was was and almost during the night stood guard at the SOLIPETRA Post. However, for some reason in December 2021 news circulated that the land that was originally intended to be granted to the TNI AL by the Government of the Province of North Sulawesi had been granted to the Ministry of Tourism and Creative Economy of Indonesia.
“Citizens were surprised, never had a notification, meeting with farmers,” said Om Denny. We have never seen any measurement activity from the Provincial Government, suddenly we can hear that our land has been granted to the Ministry,” continued om Deny growled.
Farmer's Lawsuit
The North Sulawesi provincial government claimed the land cultivated by Kalasey Dua farmers as Hak Pakai No. 1 in 1982, but by the Provincial Government the letter was declared lost in 2014. Then in 2019 BPN issued two replacement certificates on top of the same object, No. 001/2019 and No. 013/2019. However, the Provincial Government could not explain SK Grant No. 368 to the Ministry of Industry of Indonesia from which the Certificate of Rights.
Another uniqueness in the replacement letter; the extent is still the same as the Right to Use Provincial Government which is claimed to be published in 1982 after the PT Asiatic HGU ended. Whereas in the area of Rights Pakai the Provincial Government has granted some land areas to agencies, such as the police (Brimob), Bakamla, and several other agencies, and several other agencies, therefore, the area should have been reduced no longer 225 hectares.
This was revealed in the trial of a citizen lawsuit over the Sulut Provincial Government Grant to the Indonesian Ministry of Industry at PTUN Manado. The defendant in this case the Government of the Province of North Sulawesi could not explain the asbabun nuzul issuance of the Certificate of Rights of Use. Furthermore, as long as farmers worked on the land from 1982 to 2012, the Provincial Government never managed the land as intended.
‘In the trial, the judges charged the proof of the validity of the Right to Use of the Provincial Government to the defendants, but in the trial they could not explain the location, position, and origin of the Right to Use,”, said Frank, Director of LBH Manado.
Frank Kahiking suspected that the Right of Use claimed by the Sulut Provincial Government was obtained from the results of ‘sulap’ which was surrounded by the interests of the ruler to seize the land of farmers.
“In agrarian cases always thick with the practice of issuing permission “siluman”, the process of flirting between the ruling elite, the field of land, and interested parties,” continued Frank.
The hope of farmers getting justice in the courtroom is faced with a steep road. The citizen's lawsuit was decided by the judge could not accept. The judge considers only the formalities of the lawsuit and does not consider the facts of the trial, including the Human Rights argument that legal counsel has outlined. As for the reason of the judges in deciding the plaintiff's lawsuit is unacceptable because the Coordinator of Solidarity of Farmers of Kalasey Dua (SOLIPETRA) in filing administrative objections has no legal basis, in this case it is not registered with Kesbangpol. The verdict is very positivistic and loaded with the will of the ruler.
“Union at PTUN Tinggi Makasar on October 5, 2022 came out a verdict that still confirms the court decision of PTUN Manado that the lawsuit is not acceptable (Niet on Vankelijk Verklaard/NO), which is not acceptable, and at this time we have put forward a cassation effort, still waiting for the verdict of MA,” Frank said.
Kalasey's plantation is on fertile soil. Residents believe this land is a promised land that God loves for the survival of farmers. Coconuts, tubers, cloves thrive here, but what is a superior product is the banana tree.
According to farmers, about 70% of the market that sells bananas in Manado is from Kalasey.
“The sales of bananas in the Malalayang beach area were taken from Kalasey,” said Oma Ndio. “Includes those selling in the ambe market here,” he added.
In a month, farmers can harvest two to three times. Every harvest farmers benefit up to two million. “So a month can get five to seven million,” Oma Ndio said from managing the garden she and her late husband can build a house and send children to college.
From the data collected by friends of the network who are members of SOLIPETRA, the economic turnover of residents of Kalasey Dua over managing a 20-hectare garden with a total of about 100 farmers can get 500 million a month.
During the land grab experienced by farmers Kalasey Dua where Brimob 20 hectares, Bakamla six hectares, and hospitals nine hectares, they are always expected to benefit. From the children of farmers will be prioritized into police members, hired as staff, security guards, can sell in the construction area, all that is just a false promise.
Once when the Brimob building was built, there were people who wanted to sell, but it was forbidden by the Brimob.
“Do not become a Police, we are not allowed to sell in the area of Brimob,” said Eca a young Kalasey Dua.
Government statement that the presence of the Tourism Polytechnic will open employment and automatically prosper the citizens of Kalasey Dua. Unfortunately, reality has not been as beautiful as a statement. Village farmers are increasingly losing land, access, and the benefits of natural resources that have been controlled by corporations and the ruling elite.
“Torang so tired of hearing government promises,” (We are tired of government promises) said Oma Ndio. “That people need soil for farming, not concrete, norang nda can eat concrete.” (What we need is land for farming, not concrete, we can't eat concrete).
In November, residents of Kalasey Dua reported to Komnas HAM allegations of human rights violations experienced by farmers. The violations included land grabbing, eliminating sources of livelihoods, and torture experienced at the time of eviction.
Responding to the complaint made by residents, on December 19, Komnas HAM representatives visited Kalasey Dua Village. The Komnas HAM commissioner who was present at that time was the complaint commissioner, Hari Kurniawan. On that occasion, Komnas HAM representatives promised to investigate allegations of human rights violations experienced by farmers Kalasey Dua.
Entering four months since the arrival of Komnas HAM, residents have not received news related to the efforts or recommendations made. “We have not been able to hear the results of further recommendations from Komnas HAM related to the case of Kalasey,” said Om Bering.
Farmers are now trying to defend land that has not been evicted. They rallied in solidarity, hoping that there would be interference from the central government to take sides by intervening so that the rights of farmers could be fulfilled in the land of Kalasey.
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In North Sulawesi, the government-led infrastructure-friendly policies today are increasingly massive, such as the construction of toll roads, facilitating mining permits, reclamation, and PSN of the Ministry of Tourism and Creative Economy in Likupang. However, the development of infrastructure turned out to have no significant impact on the citizens.
This illustrates that the current government is increasingly accustomed to making policies that back the principles of human rights and ignore the participation and aspirations of the people. He often appears arrogant, arrogant, and brutal so as to make a product of the rules that biases the interests of the very basic, displacing the weak and give the red carpet to the ruling class and financiers.
From the records of LBH Manado in North Sulawesi throughout 2022, agrarian conflict is a conflict with the highest number of victims of rights violations, namely there are 693 people whose rights are violated, including economic, social, and economic rights, culture, politics and politics [1]
Abandonment of rights, norms, and adab is often not punishable as long as it is wrapped in the policy frame. This is a challenge to the rule of law. The test stone of a democratic legal state should first be applicable to the ruler. If the government as a stakeholder can be tried, brought to a free and autonomous court, then we can put our hope on a legal state that is in favor of justice.
