…the objectives of the development should encompass not only macroeconomic growth but also micro-level welfare growth, leading to a tangible enhancement in the standard of living of the community.
A land dispute set off
violent clashes last week between local people on Rempang Island near Batam in
the province of Riau Islands and security forces who strived to facilitate the
implementation of what the central government has classified as national strategic
projects to develop huge glass and photovoltaic panel factories in the area. The
fracas not only left several people injured and damaged houses but also halted
learning activities for almost 4,300 elementary and junior high school pupils.
The state has neglected
its duty to ensure the protection and basic rights of its citizens, especially
children, to live a healthy life and to receive a proper education. The forced
entry by combined police and military and the use of tear gas at the schools in
several areas on the island have left severe psychological scars. Furthermore,
this incident has the potential to transform what was originally an
administrative land issue into a human rights crisis.
It cannot be denied that
land humans are two entities that are interrelated. Therefore, it is not easy
to separate individuals from the land they have long de facto occupied. Moreover,
Government Regulation No. 24 of 1997 recognizes those who have de facto
occupied a piece of land for 20 years as possessing it in good faith. The regulation
states that those individuals are prioritized in the distribution of land rights
by the state.
True, economic growth
plays a crucial role in improving the living standards of a society. This rationale
is the foundation of the national strategic projects in Rempang. The central
government and local administration assume that the development of the projects
will contribute to the advancement of the local economy. Rempang is considered
strategic as it is part of the Batam exclusive economic zone, which is very
close to Singapore and Malaysia.
But the real issue does
not lie in the lofty goal associated with the projects. Rather, when the
projects are assessed only from the aspect of macroeconomic development alone,
they pose a significant risk of exacerbating inequality and injustice as large
scale development projects could be pushed forward even at the expanse of
people who are evicted from their land. From the outset, the local community in
Rempang was not involved in the planning and execution of this development
endeavor.
In the modern state, the
principle of free, prior and informed consent is recognized, which asserts that
communities have the right to make informed decisions about matters affecting
their traditions and way of life. Consequently, development must not encroach
upon the living space of the local community. If relocation becomes necessary,
the replacement must be better or at the very least equivalent. Equally important
is the preservation of cultural identity in the face of the project’s impacts.
Furthermore, efforts also
should be made to ensure that development programs contribute to enhancing the
skills of the local population, enabling them to become part of the development
related to the projects. This implies that the objectives of the development
should encompass not only macroeconomic growth but also micro-level welfare
growth, leading to a tangible enhancement in the standard of living of the
community. Welfare growth is not solely tied to property acquisition but also
extends to improved health care, a favorable environment, education and the sustainability
of long-held cultural identities.
What has occurred within
the community on Rempang Islands serves as an exemplar of a case where the
granting of the right to develop to investors or companies was made unilaterally
without any regard for de facto land tenure. The government awarded permits
even though many generations of the local people had been residing in the area
long before Indonesia’s independence in 1945. Consequently, this led to the
eruption of conflict between the holders of de jure land rights and the de
facto land possessors.
Instead of ensuring
protection for its citizens, the state has stigmatized the people as squatters
who occupied the land without legal entitlement. Thus, the measure is termed a “land
clearance” rather than “eviction”. Regardless of the debates of the land rights
claims, it is evident that both “clearance” and “eviction” equally dispossess
the community of access to the land that has hitherto been crucial for their livelihoods.
The deployment las week
of a joint force comprising military, police and pubic order units to enforce
the relocation of the people represents an outdated and conventional action
that should no longer be employed in modern-day Indonesia. Post the enactment
of the Job Creation Law, the land-acquisition process for development has
undergone significant reforms. In reality, this law provides a more inclusive
framework for addressing land-acquisition issues for development purpose,
including for national strategic projects.
Regarding compensation
for development-related losses, for instance, the Job Creation Law stipulates
that compensation may take forms other than just monetary compensation, land or
resettlement. It can also encompass share ownership and other forms agreed upon
by both parties, the project investor and the stakeholders, as well as the
affected community. The share ownership, as defined by the Job Creation Law,
involves the provision of shares in development and/or management activities
based on mutual agreements.
Rather than promoting a
repressive approach, the Job Creation Law calls for an expanded space for
dialog within the land acquisition process. Furthermore, it explicitly mandates
a collaborative approach among investing companies, the state and the affected
community. Unfortunately, there is currently no legal framework that clearly
prohibits state authorities from engaging in repressive actions during the land
acquisition process for development. Nonetheless, the state must consistently
uphold the laws it has enacted, ensuring that land acquisition does not neglect
humanitarian aspects.
*Artikel ini pernah terbit di thejakartapost.com
edisi Kamis tanggal 14 September 2023 dengan judul “Rempang riot: Between landacquisition and human rights”
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