Land for the People not for the Investor, The Government has to put forward the Public Interest
August 04, 2005
The President Regulation No. 36/2005 was issued by the President Susilo Bambang Yudhoyono on 3 May 2005. Although its consideration is based on the Main Law of Agrarian 1960, the President Regulation has substantially and philosophically been contrary to the Main Law of Agrarian 1960. It also neglects the people's rights for the land and even repressively and aggressively is just to fill some investors.
| Federation of Indonesian Peasant Union (FSPI) - Executive Body of Federation (BPF) |
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| Federation of Indonesian Peasant Union (FSPI) |
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POSITION PAPER OF FEDERATION OF INDONESIAN PEASANT UNION (FSPI)
No: 001/06/FSPI/2005
In respect to
The President Regulation No. 36/2005 on The Land Provision for the Implementation of the Public's Interest Development
"Land for the People not for the Investor,
The Government has to put forward the Public Interest"
The Federation of Indonesian Peasant Union (FSPI) as the struggle organization of the Indonesian peasants concerns on the land regulation and the agrarian reform implementation in Indonesia. Therefore, it is necessary for us to give our position paper and demand toward the President Regulation No.36/2005 on the Land Provision for the Implementation of the Public Interest. This President Regulation is also intended to complete the Presidential Decree No 55/1993 containing the same thing.
The President Regulation No. 36/2005 was issued by the President Susilo Bambang Yudhoyono on 3 May 2005. Although its consideration is based on the Main Law of Agrarian 1960, the President Regulation has substantially and philosophically been contrary to the Main Law of Agrarian 1960. It also neglects the people's rights for the land and even repressively and aggressively is just to fill some investors. According to it, FSPI evaluates the President Regulation No. 36/2005 as follows:
First, the issued background of the President Regulation No 36/2005 is not based on the development interest for the benefit of many people. It is intended merely to smoothen the coming of private investors both domestic and foreign investors for the profit - oriented infrastructure development (take a look at the President's speech at the KADIN meeting 2005). This case can be traced from the results of the infrastructure of the January 2005 summit, in which the government had a commitment to legally guarantee the facilitation for the investor activities.
Second, in the president regulation, although the revocation of the land (section 3) was issued based on the honor principle toward the right for the land, the land owners' rights such as the rights on economic, social , and culture guaranteed by the Fundamental Laws 1945 are still violated. The clarification of the honor for the land rights is blurred, whether the land or the owner who be the subject. It also placed the people's position as the anti development. Therefore, the government has to implement its function guaranteeing the authority and ownership of the land for the people based on the stipulations contained in the Main Law of Agrarian 1960, not to revoke the people's rights.
Third, the public interest intended by the president regulation no 36/2005 does not absolutely mention or clarify its scope, in other words it has no limit. The kind of the public interest in the president regulation (section 5) has been extended into 21 points. As a matter of fact, we know that from the practice of those 21 points the privates have been done many things than the government as the owner. For example the highway and telecommunication developments and other possibilities such as for the golf sport facilities, private hospitals, trade centers which have been spread out.
Fourth, the judicature mechanism determined in the president regulation to complete the problem of the land right revocation is merely a democracy discourse and legal principle fulfillment. Principally, the people do not have any bargain position in front of the court shaped for it.
Fifth, the chapter I section 1 subsection 11 mentions the non physical compensation matter, however, there are contradictions in other sections i.e. section 12 and 13 which do not mention the details on the section 1. In fact, there are many non physical matters which are more valuable than the forms determined in the president regulation, such as the social system, kinship, safety, and the distance from the work place or economic field. There is also no guarantee that the evicted life will be better after the land being taken.
Therefore,
FSPI considers that the national policy in the whole and the entire agrarian sectors in the framework of the agrarian reform has been adjusted clearly in the Main Laws of Agrarian (UUPA) N0. 5/1960. At that time, the Main Laws of Agrarian No. 5/1960 was created on the top of consciousness for the social politic and social economic of the people that was repressed in structural injustice coming from the colonialism / feudalism heritage hundred years ago. Because of that, the soul and the spirit of the Main Laws of Agrarian 1960 clearly wants to break down the structural injustice in order to prepare the social precondition to develop prosperity, happiness, and justice for the nation and the country, particularly the peasants, into the prosperous and fair Indonesian people.
FSPI considers that the soul and the spirit of the Main Laws of Agrarian 1960 have clearly been reflected in its consideration realizing the life reality of the people's social politic and social economic, which is to dedicate the whole national wealth including the land for the people in order to establish the prosperous and fair people. In its explanation, it is mentioned that the Main Laws of Agrarian were based on the standpoint that, in order to reach what has been determined in the Section 33 subsection (3) Fundamental Laws 1945 (genuine script) that does not in where it should belong, the Indonesian people or the country acts as the land owner.
About the scalpers and the urban area arrangement in particular some agrarians give some position paper on the right for the land in the urban area through the urban land reform based on the Main Law of Agrarian 1960. Through this urban land reform, a policy valid as a sole and whole policy clearly is issued. So do the people or other parties or law firms that understand if some day an area will be used for a wider interest in order to avoid manipulation and scalpers.
In the plan of urban land reform, the highlight is like what it was stated by the late A. P. Parlindungan (1989) purposed to refuse a land buying speculation, to adjust the ownership of land- housing, to control the sale of land / house, to decide the land price value, and to decide the official in charge, and also to decide zoning. Therefore, the Area Layout Plan has to be conducted consequently.
FSPI considers that the land policy can not stand alone in its relation with the agrarian reform. It means that there should be an integrity with other sectors since the implementation of the land reform beside the juridical aspect is influenced by other sectors, such as politic, economic, social, national defense and security, and global.
FSPI considers that regulation is the entire principles and norms based on justice adjusting the interrelation of man, relation of man in the society and vice versa. In other words, regulation is a system or social order and the justice principles adjusting the man's life in the society. Thus, any legal product issued by the government has to put forward the justice, otherwise has to be revoked.
As a result, the Federation of Indonesian Peasant Union (FSPI) states that the president regulation No. 36/2005 is contradicted against the legal values and humanity in Indonesia. Based on the position paper above, FSPI takes into account that the President Regulation No. 36/2005 on The Land Provision for the Implementation of the Public's Interest Development as follows:
FSPI insists the President of Republic Indonesia to review and revoke the President Regulation No. 36 the year of 2005 on The Land Provision for the Implementation of the Public's Interest Development.
Hereinafter, in the effort to implement the Agrarian Reform in Indonesia, FSPI insists the President of Republic Indonesia to issue the policy such as below:
1. FSPI insists the RI President to issue immediately a Presidential Decree which strengthens the position of the Main Laws of 1960 as the fundamental of the national law in the Agrarian sector.
2. In order to strengthen the Main Laws of Agrarian, therefore, the presidential decree also has to instruct the review and the revocation of the laws in the agrarian sector which are contradicted to the Main Laws of Agrarian No 5/1960 in Indonesia since according to our evaluation those agrarian laws have many contradictions against the soul and the spirit of the Main Laws of Agrarian 1960 and the Fundamental Laws 1945.
3. In order to implement the Main Laws of Agrarian No. 5/1960, therefore, the presidential decree also has to instruct the issue of the laws and regulations to implement the Main Laws of Agrarian No. 5/1960.
In this opportunity, the Federation of Indonesian Peasants Union (FSPI) commands the Indonesian peasants, particularly the member of FSPI and other parties supporting the struggle of the Genuine Agrarian Reform to do the following things:
1. Put self in the front line to insist, plan, implement, enjoy, and control the implementation of the Genuine Agrarian Reform.
2. Keep doing the struggle efforts of the agrarian reform in various forms, for example reclaims the lands which are being the object of the land reform. Immediately plants those reclaimed lands in many food plants, rice, corn, various kinds of tubers, etc, oriented on the fulfillment for the family food.
3. Give solidarity equally and struggle together with other poor people (peasants, fishermen, poor people in urban area, and labors) to strengthen the struggle of the Genuine Agrarian Reform.
4. Build power together with other poor people in every level, local, region, national province, and International as a concrete of the entire struggle.
Thus the position paper of FSPI for the President Regulation No. 36 / 2005 on The Land Provision for the Implementation of the Public's Interest Development to be fulfilled by the President of Republic Indonesia, and hopefully can draw people attention.
Jakarta, Juni 2005
Federation of Indonesian Peasant Union (FSPI)
Executive Body of Federation (BPF)
Sumaeri Henry Saragih
Presidium Chief General Secretary
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