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Only 16 percent of the ownership of land controlled by the TNI is clear
Detik.com - April 19, 2011
This statement was conveyed by National Human Rights Commission (Komnas HAM) Commissioner Kabul Supriyadi on Tuesday April 19 during an investigation when he met with residents and victims of a clash with the TNI at the Urut Sewu Kebumen Farmers Advocacy Team (TAPUK) secretariat, which doubles as the Democracy and Legal Advocacy Study Central Leadership (PAKHIS) secretariat at the Legal Aid Foundation (LBH) on Jl. Nusa Tenggara Number 2, Kebumen regency, East Java.
"Of all the land controlled in Indonesia by the TNI only 16 percent is clearly owned by the TNI", explained Supriyadi.
This data was obtained by Komnas HAM from complaints received over cases of land disputes between the TNI and local people. This includes the land dispute involving farmers from the village of Setrojenar in Bulus Pesantren sub-district, Kebumen regency.
Kabul cited as examples several other cases that resembled the dispute in Kebumen, including the Alastlogo case in Pasuruan (East Java), the Oku Timur case in Palembang (South Sumatra) and the Sidoarjo case in Surabaya (East Java). "This includes cases of land disputes related to problems surrounding official TNI housing that extremely complicated and intricate in nature", said Supriyadi.
The Oku Timur case in Palembang, which occurred in the village of Nirwa, makes no sense whatsoever. There are 200 property rights (hak milik, HM) land certificates belonging to local people. On top of the same certificates are business permits (hak guna usaha, HGU) belonging to the TNI.
"Were do you find certificates on top of other certificates? So these land disputes are quite serious and have to be settled. Leave the navy, the army, the air force, which are authorised, to safe guard national defense. The police meanwhile [should] safeguard the people. Land issues [should] be handled by the National Land Agency (BPN). But sometimes the BPN is also afraid", said Supriyadi accusingly.
In the case of Sidoarjo, the Brawijaya Surabaya V Regional Military Command (Kodam) consciously and with good will was prepared to resolve the land case dispute by sitting down and discussing it with residents. But what happened in the end was that after the deliberations they said, "We are only use the land and cannot make a decision. Yet the status of the land and boundaries are very important, right", said Supriyadi quoting form the response by Kodam V Brawijaya.
Supriyadi also regretted why the tragic clash between the army and the resident of Setrojenar village could have broken out in Kebumen. Yet only two weeks before the clash, Komnas HAM and the TNI headquarters met and agreed to sign a memorandum of understanding (MoU).
"In the MoU with the TNI commander [it was agreed] that in resolving the problem of land disputes they would prioritise the human rights of civilians and farmers. Honestly I'm very disappointed. Because before even being able to read through points of the draft one by one the clash had already occurred in Kebumen" said Supriyadi.
Following the meeting with TAPUK, which is acting as an advocacy team and legal advisor to Setrojenar village, Supriyadi also visited victims of the clash being treated at the Kebumen regional public hospital. Supriyadi asked about matters related to the condition of residents who suffered gunshot wounds and injuries as a result of the TNI's brutality in the clash that occurred on Friday April 16.
On Wednesday April 20 Komnas HAM plans to meet with Kebumen Regent Buyar Winarso and the Kebumen Regional House of Representatives (DPRD) to ask for further information on the clash that occurred at the army's research and development office in the Urut Sewu beach area located in the village of Setrojenar. (lrn/did)
[Translated by James Balowski.]
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