The clash between the indigenous people of Muara Tae and BPN Kaltim regarding the HGU of two palm oil plantation companies operating in the Muara Tae Customary Area, namely PT. Munte Waniq Jaya Perkasa (MWJP) and PT. Borneo Surya Mining Jaya (BSMJ) is over. Finally, BPN agreed to submit HGU documents for the two subsidiaries of the large First Resources group.
The HGU document submission was carried out by BPN Kaltim Regional Office Staff, Ahmad Syarifuddin (29/04/2019). Actually, the handover had been done before (15/04/2019) by the Head of the Land Law Division of the East Kalimantan Regional Office of BPN and the Head of the Land Infrastructure Division of the BPN Kaltim Regional Office, Eka Sukma, but at the time of the handover of Darius Saiman, Muara Tae Representative as the party requesting the document felt that the document was provided not as requested. Where is the print out of the map and the coordinates of the company PT. Munte Waniq Jaya Perkasa is blurry and invisible, making it difficult to read nowIm a. In addition, the HGU document for PT. Borneo Surya Mining Jaya does not exist.
BPN argued that this document was still in the process of obtaining a permit at the center. Even though PT. BSMJ has been operating since 2012 and has harvested the palm oil. Saiman finally asked for a copy of the map and coordinates of PT. BSMJ. Until finally a meeting was held the next day (16/04/2019) where at the second submission it was still beyond expectations where Kanwin BPN Kaltim had not been able to provide the complete HGU documents as expected by Muara Tae. It was only during this third submission process that Muara Tae got the documents he wanted.
Darius Saiman, Muara Tae Representative said, “We are grateful that today the BPN Kanwil Kaltim has finally submitted the HGU documents for these two palm oil companies operating in Muara Tae, as stated by the East Kalimantan Public Information Commission’s decision.”
“But what we regret is the process of obtaining this HGU document, where it is very difficult to obtain documents clearly public right, tortuous, and very convoluted. In our case alone it has been more than two years since the application was submitted. Starting from dispute at KIP until finally reaching a bright spot with the submission of our requested documents. What I regret the most is when the request for HGU information, the map and coordinate points came to the KIP dispute. However, until it was decided that the information was open and must be submitted after it was legally binding, BPN was still reluctant to obey the law by providing these documents. Until finally we have to do everything from the PTUN, the Ombudsman to even reporting to the East Kalimantan Regional Police. ” Said Saiman
“This shows that the government is still very closed in terms of public information, making it difficult for the public to participate in the process of making public policies, especially those concerning the lives of many people, especially in related community areas.” Add Saiman.
My hope is that in the future, people who want to get HGU from a palm oil company can make the process easier and faster.
According to Fathur Rozikin, the East Kalimantan Environmental Advocacy Network (JALH) “It should be that after the KIP decision has an inkracht status or has permanent legal force, then the public body or in this case the BPN Agency for the Kaltim Kanwil handed over what was asked by Darius Saiman regarding the HGU of these two palm oil companies in Muara. Tae. This also must not happen in other public bodies in order to comply with what has been regulated in the public information disclosure law. ” Firmly Fathur.
The case of a public information dispute between the Kaltim BPN Regional Office and the Muara Tae Indigenous Community has been going on for two years since Muara Tae reported the Kaltim BPN Regional Office to the East Kalimantan Provincial Information Commission (KIP), which Muara Tae won (09/10/2017) with case number 0006 / REG-PSI / IV / 2017).
BPN refuses to provide HGU documents for these two companies based on Regulation of the Head of BPN RI number six of 2013 concerning exempted public information services. Even though KIP clearly states that HGU is public information.
For Muara Tae himself, according to Darius Saiman, the HGU information of two companies from the First Resources group is very useful in relation to Muara Tae where this HGU information is expected to be an entry point for resolving land conflicts between companies and communities as well as between community members and other communities.
After the victory of the information dispute, the Regional Office of BPN Kaltim did not immediately submit the requested HGU document.
Muara Tae was recorded as having executed the KIP decision thrice, which decided that the Kaltim BPN Regional Office had to submit this HGU document.
The first execution was carried out on July 26, 2018, where Muara Tae immediately went to the BPN Division which handled the company’s coordinate points related to the HGU data in question. However, Sector 1 refused to provide this data on the grounds that it was conflict data so it had to be resolved first in Section Five of the BPN which handled cases and conflicts. So that Muara Tae came to the room in field five which is located just adjacent to field one. When he arrived at room five, it turned out that Muara Tae’s request could not be processed because the fifth division leader who handled cases and conflicts was out of town. Eventually the execution plan when it doesn’t work. Communication was carried out by communicating with the fifth division head aide through Whatss UP to ensure that the Field Five Leaders were in place, but from the information from the BPN, the head of Division Five they had not returned from out of town.
Finally, the second execution was carried out on July 31th 2018, because there was no clarity from the Head of Section Five of BPN. When he arrived at the Regional Office of BPN Kaltim, it turned out that the Head of the Five BPN Division was present and Muara Tae immediately followed up the process of executing the KIP decision. From the results of the discussion with Head of Section Five of BPN, it turned out that the HGU documents still could not be submitted, Muara Tae had to make a data request first and then from this letter it would be directed to the data sector even though the process was already at the execution stage. The execution process has become increasingly complicated and made more difficult for the Regional Office of BPN Kaltim. Finally, Muara Tae agreed to make a data request letter.
On August 2th, 2018, an Application Letter for the Information Commission Decision execution was sent to the Kaltim BPN Regional Office to fulfill a request from the Head of the Five Heads of BPN which still did not produce anything for Muara Tae.
By increasingly complicated and difficult process led Muara Tae to complain Kaltim BPN Regional Office to the Samarinda State Administrative Court (PTUN) (09/08/2018). Where the results of the Samarinda Administrative Court Decision stated that the Panel of Judges strengthened the decision of the Information Commission, thus the Regional Office of BPN Kaltim had to submit the HGU data requested by Muara Tae. However, the Regional Office of BPN Kaltim still did not budge.
Finally, on September 5, 2018, Muara Tae reported the Kaltim BPN Regional Office to the East Kalimantan Regional Police and also made a complaint to the Ombudsman.
The process began to find a bright spot where the Regional Office of BPN Kaltim was willing to provide the requested data after the Ombudsman submitted the final examination report on January 18, 2019 which stated that the Regional Office of BPN Kaltim had to implement the KIP decision. Although this process still took several months.
On April 2, 2019, Muara Tae, accompanied by Ombudsmad and JALH, executed another KIP decision against the Head of the West Kalimantan BPN Regional Office, Mazwar. However, this HGU document cannot be submitted. According to Mazwar, matters related to the HGU document are under the authority of the staff under him, so he suggested coordinating with staff under him, namely the Head of the Land Law Division of the BPN Kaltim Regional Office, BPN Kaltim Regional Office, Hendi Kurniadi. So that Muara Tae immediately went to the room of the Head of the Land Law Division of the BPN Kaltim Regional Office, where Muara Tae was greeted by Ahmad Syarifuddin, staff of the Kaltim BPN Regional Office who said that the documents could not be submitted because the Head of HGU data was out of town (Bandung). From here Muara Tae finally made an appointment regarding the plan to submit the HGU data in question
On April 15, 2019, Muara Tae returned to the BPN Regional Office with JALH Balikpapan deidapmpingi to submit documents, but when they arrived at the place all staff were not present because they were in a meeting. So that Muara Tae Party had to wait for a while. While waiting for Muara Tae, he met with the Head of the East Kalimantan BPN Regional Office, Mazwar, who happened to leave the meeting room. However, Mazwar seemed to have forgotten Muara Tae’s party and the purpose of their arrival. Mazwar only realized after being reminded by one of his staff. According to Mazwal, he has submitted all of this to the staff who really won this so that they can immediately take care of the parties concerned.
Muara Tae was waiting again and finally he was able to meet Ahmad Syarifuddin, BPN Kaltim office staff and went straight to the meeting room. In this meeting the Head of Section said that all data was ready to be submitted, but all interested people signed the handover report such as the Head of Infrastructure, Eka Sukma and Head of Land Legal Relations, Hendi Kurniadi, this was not in place so the HGU data could not submitted. Muara Tae continues to insist that this process be completed on the same day and are willing to wait for the people involved to sign the minutes to return to their respective positions.
After waiting for a long time until late in the afternoon, Muara Tae finally handed over the HGU documents by gathering all the heads of the relevant fields to sign the minutes. When all parties have signed the minutes. Darius Saiman as the representative of Muara Tae felt that there was something wrong with the HGU document of this company, starting from the photocopy of the map of PT. Munte Waniq Jaya Perkasa (MWJP) which is not good (blurry) and also the map of PT. Borneo Surya Mining Jaya (BSMJ) which has not been prepared. So Saiman refused to sign this document until the BPN could complete and comply with the HGU documents that should have been. The HGU document submission meeting that day was postponed until finally the HGU documents were submitted as expected on April 29, 2019.
From this process itself it took a long time only for HGU documents which were clearly public information until finally the Kaltim BPN Regional Office gave up and was willing to submit the requested HGU documents on the condition that Muara Tae had to withdraw the lawsuit at the East Kalimantan Regional Police.
1. Darius Saiman, Muara Tae Citizen Representative: 085332040301
2. Fathur Rozikin, JALH Balikpapan: 081347194377
3. Margaretha Setting Beraan, AMAN Kaltim: 081254880875
4. Hendi Kurniadi, Head of Land Law Division of BPN Kaltim Regional Office: 082290057363
5. Ahmad Syarifuddin, Staff of the Regional Office of BPN Kaltim: 082149443888n