RENGAS. There has been a 28-year-long land dispute between PTPN VII (State-owned Plantation Company) and peasants in Rengas Village. In 2009, Brimob (Indonesian Police’s Mobile Brigade) and security officers from PTPN VII were involved in an action to take out peasants’ land in Rengas. When peasants refused that measure and began to protest, Brimob started the shooting and wounded 20 peasants.

Rengas Village is an old small-and-fertile area in Payaraman District, Ogan Ilir Regency, South Sumatera Province, Indonesia. The area covering Rengas Village is about 4,000 hectares, and it’s mostly used for housing and agriculture land. Approximately 3,500 people inhabit the village. Since PTPN VII came, the situation changed. They have been trying to grab 2,386 hectares of land on an effort to plant sugarcane. After a long dispute, people’s access to the land in Rengas Village is gradually reduced due to the grabbing effort by the company. Consequently, most of people who are involved in farming, have been converted into small holder farmers, tenants, or agricultural workers. Poverty slowly consumes the village. They have difficulties to fulfill their daily needs (especially food) because they don’t have access to their own land.

In article 28H of Indonesian Constitution (UUD 1945), it is stated that the government has the obligation to ensure the right of people to have decent livelihood. The situation is also incompatible with principles established in the Basic Agrarian Law (UUPA 1960) especially articles 2 (4), 3, 6, 10 (1), 12 (1), 13 (1) that protect peoples’ access to land. Related to the shooting, it is against the National Crime Law, and article 2 of Human Rights Law (UU No. 39/1999).

On the general land dispute, the case had been submitted to various bodies, but overall the PTPN VII still control the land. On the shooting, peasants of Rengas Village also held an audience with (1) the Governor of South Sumatera Province; and (2) the Provincial House of Representatives. Beside of those, consolidation among social movements and supports are flowing on the case. Peasants of Rengas Village are now collectively watching and guarding their land amidst recent violation against their rights to land.

No clear orders or recommendations yet to local or national authorities. However, (1) From a hearing between peasants of Rengas Village and the Governor of South Sumatera Province, the latter promised to take definite measures regarding their case; (2) From a hearing with the Provincial House of Representatives stated to form an Ad Hoc Committee for further investigation of the case; (3) Komnas HAM (the Indonesian National Human Rights Commission) is committed to put their team for a fact finding mission on this case; (4) Mabes Polri (National Police Headquarter) said they have put their investigation team; (5) BPN (National Land Body) committed to settle the dispute with the possibility of fully acknowledging the peoples’ (in this case, peasants of Rengas Village’s) rights to land.

Local or national authorities did not take any action following these actions and recommendations. No concrete actions or implementations yet.

Local communities did not start a civil action (court case) yet after the shooting, because the peasants lack of access to justice and court system. In fact, after the shooting the police started the criminalization on peasants of Rengas Village, stating that they are ready to name seven residents as suspects in the case between peasants versus PTPN VII.

On the land dispute in general, peasants of Rengas Village is expecting: (1) the House of Representatives follow up on Ad Hoc Committee to further investigation of the case; (2) the Head of National Land Body (BPN) South Sumatera office has declared that PTPN VII has operated illegally without Land Use Rights (HGU) for 27 years, so they will proceed this case and reclaim the land.

Forced eviction of peoples’ land by the company—either state-owned or private—happen in almost province in Indonesia. This is also represents the chaos in land titling schemes, especially to indigenous people, inherited-traditional farmers, and the poor. Criminalization that comes along the land dispute is also common.

History of the Land in Rengas Village
Rengas villagers were came from Payo Pandan, because the strategic position of Rengas and their good access to the road. The word of rengas came from ronges that means hare-lip. The land disputes started when PTPN VII wanted to expand their sugarcane plantation in Ogan Ilir Resort, and Payaraman District was one of the district that included their plan beside Rantau Alai, Tanjung Batu, Tanjung Raja, Inderalaya, Lubuk Keliat dan Muara Kuang. The PTPN VII plan in Payaraman include 5 villages: Rengas, Betung, Lubuk Keliat, Sonor dan Lubuk Bandung, with approximately 5499 ha of land. Especially in Rengas, land that required in order to expand the sugarcane plantation is 2354 ha. In order to get the 2354 ha, PTPN VII in 1982 intimidate the villagers to sell their land to the company. They set their own price and then they try to force people to sell their land at that price.

Because most of the villagers are working as a peasants, they don’t want to sell their land to the company. But the intimidation continues, some of villagers that against the company plan was abducted and horribly oppressed. Finally, the land that compensated by the company is 825 ha, it means that 1529 ha is not compensated yet. But with the assistance of military army, PTPN VII forced the villagers to out of their land and claimed that the land is belong to them.

Due to no land to cultivate, some of the villagers worked as a plantation workers in PTPN VII, but some of the villagers were still fighting for their land with making a suit to the court. Their struggle comes to an end when the Supreme Court decided that 40,725 ha was belong to the Jakfar family (Rengas villager) in 1994, and ordered PTPN VII to pay compensation 49,567,076 IDR to the Jakfar family, but the PTPN VII claimed that they already pay the compensation. Until now, the Supreme Court decision was not executed yet. The Jakfar family case in the Supreme Court opened the eyes of the villagers. They realized that the civil action proved that the land is belong to them because the Supreme Court stated that the land which was not compensated yet, is still belong to the villagers. Then they try to report their case to the Provincial Office.

In September 1999, Rosihan Arsyad (The Governor of South Sumatera) lettered the Regent of Ogan Komering Ilir and The Director of PTPN VII with letter numbered 593/4885/1999 which was ordered PTPN to solve this problem and start a negotiation with the villagers to determined the compensation price. If they don’t do that, the Government of South Sumatera will take appropriate action with giving the land back to the villagers and the company was not permitted to do their business again in South Sumatera.

In January 2001 with letter numbered 593.83/0716/I/2001, Rosihan Arsyad, the Governor of South Sumatera asked the BUMN Ministry and PTPN VII to give the land back to the villagers and give them compensation due to using their land for 27 years. In July 2002, The BUMN Ministry by Agro Industry, Forestry, Paper and Publishing Deputy Muwardi P Simatupang (NIP 110017245) sent a letter numbered S-107/D3.MBU/2002 to the Director of PTPN VII regarding the villagers request to get their land back. In 2003, villagers of Rengas found the letter of compensation in disrict office that prove the compensated land in Rengas is just 825 ha, not 2354 like PTPN VII claimed.

In the beginning of May 2009, with the presence of villagers, PTPN VII officer, District Police, and the OKI Regent administration, the BPN (National Land Body) Regent Office surveyed the land in Rengas village, and making a limit to which one is the 825 ha, which one is the 1529 that belong to the villagers. But after that, PTPN shows no commitment to give the villagers land’s back, so the villagers start to make their land’s mark and built small lodge in their land. May 15th 2009, Ogan Ilir Regent issued the Regent Decision numbered 266/KEP/I/2009 about the inventarization and identification team of the PTPN VII land.

In September 2nd 2009, the villagers small lodge was demolished by the security of PTPN VII and Brimob. To solve this problem, a meeting was held between the villagers and PTPN VII, and the result is PTPN VII agree to give the land back to the villagers in October 1st 2009, after they harvest the sugarcane. This result was written on the paper and signed by PTPN VII officer Mr. Yogyathadi. But the agreement is just a piece of paper. PTPN VII failed to do what they promised. In December 4th 2009, demolition of villagers land’s mark and lodge happened again. This incident lead to the shooting incident when villagers came to the field to see what happened with their lodge.

In December 6th 2009,  Hasyim Irianto (the Head of Provincial Police Office) said that regarding the shooting incident, the investigation of Brimob officer Bripka Waluyo, Briptu Hairul, dan Briptu Mauli, and two police from Payaraman District will be conducted.

In Desember 9th 2009, KOMPOLNAS (The National Police Commission) in their report stated that police is require to be fair in facing conflict with citizen. They have to do their preemptive function in order to get people’s trust. Mabes POLRI (National Police Headquarters) has sent a team in December 10th to investigate the shooting incident. KOMNAS HAM (The National Commision of Human Rights) also sent their independent team to Rengas regarding the incident, and the BPN (National Land Body) promised  will proceed this case immediately. In December 11th 2009, Rengas villagers held a meeting with Mr. Teddy Poernama from BUMN Ministry and he said that he will proceed this case and talk to the Minister about the case. In Desember 29th 2009, Drs. H. Suhaily Syam, SH, MM (The Head of BPN South Sumatera Office) has said to the villagers that the PTPN VII has no The Right of Commercial Use to the Land (Hak Guna Usaha). It means that for this 27 years, PTPN VII has operated illegally and inflict a loss to the country.

Meanwhile, the land in Rengas is still on the control and surveillance of the villagers, according to the land’s mark