Information Dispute between National Land Agency Regional Office of East Kalimantan and Indigenous People of Muara Tae Continues Without Clarity

Press Release

Information Dispute between National Land Agency Regional Office of East Kalimantan and Indigenous People of Muara Tae is getting protracted. Information dispute related Right to Cultivate of two palm oil plantation companies operated in Traditional Territory of Muara Tae, PT. Borneo Surya Mining Jaya and PT. Munte Wniq Jaya Perkasa.

The Right to Cultivate permit of two companies from the large First Resources group is not known by society, whether there is a permit or not. However, the Right to Cultivate is expected to resolve the land conflicts between companies and community, and community members and other communities.

Since the presence of those two companies in 2012, they had resulted in various conflicts in society, from the boundary conflict between Muara Tae Village and Muara Ponaq Village to the conflicts among the community triggered by the companies’ interest to operate in the Traditional Territory of Muara Tae. Besides that, the criminalization and threats are often received by the Indigenous People of Muara Tae. Since having eviction, the companies always used the state apparatus from the Police Mobil Brigade and Indonesian Military to suppress people who do not support their activities. Then, the Indigenous People of Muara Tae had an access test for Right to Cultivate information of PT. Borneo Suraya Mining Jaya and PT. Munte Waniq Jaya Perkasa to the National Land Agency Regional Office of East Kalimantan to ensure the companies position, whether have a permit or not. However, this Right to Cultivate was expected to solve the conflicts between companies and community, and community members and other communities. The National Land Agency Regional Office of Eat Kalimantan was refused to give the Right to Cultivate intended. The reason was the information of Right o Cultivate is the information that is excepted according to the Regulations of the Head of Indonesian Land Agency No. 6 of 2013 regarding the Public Information Service excepted.

Based on Darius Saiman, the Indigenous People of Muara Tae Representative, “Information about Right to Cultivate of companies operated in our traditional territory is very important because from that it can be known clearly and certainly about the permit. Thus, we also asked the access test regarding companies’ maps and coordinate point, so the companies do not have eviction carelessly that cleared our traditional territory.” Said Saiman.

Saiman also added that in the company’s Right to Cultivate, there are other land rights belonging to the community, so it is necessary to know the position of Right to Cultivate, and most of the Indigenous People of Muara Tae depend on agricultural activities. Don’t let the community not know that their farm is included in the Company’s Right to Cultivate area.

Then, the Indigenous People of Muara Tae reported the National Land Agency Regional Office of East Kalimantan to the Provincial Information Commission of East Kalimantan. Finally, they won the information dispute with the National Land Agency of East Kalimantan regarding the Right to Cultivate of two palm oil companies operated in the Traditional Teriority of Muara Tae that is PT. Borneo Surya Mining Jaya and PT. Munte Waniq Jaya Perkasa (09/10/2017) with the case number of 0006/REG-PSI/IV/2017.

Muara Tae’s victory over the National Land Agency Regional Office of East Kalimantan did not necessarily make them get the companies’ Right to Cultivate intended. The National Land Agency still refused to give the Right to Cultivate requested. Muara Tae must have direct execution to the National Land Agency (26/06/2018). With the complicated reasons, the National Land Agency did not give the copy of the Right to Cultivate requested, and it was recorded that Muara Tae had executed the Provincial Information Commission three times, and still does not have any results.

Indigenous People of Muara Tae with Kaoem Telapak companion agency and Balikpapan Jaringan Advokat Lingkungan Hidup (JALH) (Environmental Advocacy Network) finally reported the action of National Land Agency Regional Office of East Kalimantan to Regional Police of East Kalimantan in Balikpapan (05/09/2018), and in the same day reported this process to the East Kalimantan Ombudsman until this day.

According to Darius Saiman, Muara Tae had made various methods to execute the results of the Provincial Information Commission of East Kalimantan’s decision regarding information dispute. But the National Land Agency did not say anything “We have visited the National Land Agency Regional Office of East Kalimantan several times after our victory over them, but they did not give us any information about the Right to Cultivate. Moreover, we are increasingly complicated by the processes that seem to want to break our efforts to obtain this information. ” Said Saiman.

The attitude of the National Land Agency was very regrettable, “National Land Agency as the public agency should obey the applicable legal decisions, not obstruct us. Besides that, we hope that our report to Regional Police and Ombudsman of East Kalimantan over the National Land Agency’ disobedient will be processed immediately because this report was a month ago.” Added Saiman.

Ketut Bagya Yasa also delivers similar statements, Indigenous People of Muara Tae Companion, “The Right to Cultivate is a public document. If the National Land Agency hides the document, then the National Land Agency is the same as to protect the companies crime in East Kalimantan. Actually, the National Land Agency does not understand the law because, in the trial’s conclusion, the National Land Agency stated that the document could not be given by the reasons of can make unfair business competition while the document’s contents are not related to the business competition.” Explained Ketut. “Supposedly, if there is an unfair business competition, National Land Agency should pay close attention to Act number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition.” Added Ketut.