Deforestation in Papua Results in Threats to the Rights of Indigenous People, What are the Legal Steps?

Legal Literacy - This article discusses Deforestation in Papua which results in the threat to the rights of indigenous people in Papua. What legal steps can be taken in this matter? Let's take a look at the following article.

Deforestation Case in Papua

Following the enactment of the Job Creation Law, companies that have already been operating in forest areas can continue their activities even without or having a Business License. Information from the Nusantara Atlas satellite imagery analysis shows that deforestation in Papua from the beginning of January to June 2022 reached more than 1,150 hectares. This action mostly occurred in the areas of oil palm plantation companies and industrial forest plantations that are expanding their businesses. There are five company locations that are the sites of the largest deforestation in Papua, namely PT Inti Kebun Sawit and PT Inti Kebun Sejahtera, both companies operating in the Moi Segen and Seget Districts, Sorong Regency; PT Subur Karunia Raya in Teluk Bintuni Regency; PT Permata Nusa Mandiri in Jayapura Regency; and PT Selaras Inti Semesta in Merauke Regency. The company evicted the customary forest belonging to the clan without deliberation and agreement of the Mugu Clan in Soroang, Papua, which was then stopped by the community at PT Inti Kebun Sejahtera. The Head of the Moi Segen District and the Customary Council mediated the issue between the clan and the company, which essentially stated that the indigenous people never authorized the company and demanded that the company be responsible for restoring this customary forest in the form of sanctions. A similar case occurred in Masmili Village, Moisegen District, where PT Inti Kebun Sejahtera evicted the customary forest area and faced resistance from the Kutumun Clan. They blocked and rejected the expansion plan of PT IKSJ because the extent of forest clearing exceeded the agreement between the clan and the company, namely 1000 meters in length and 500 meters in width. Meanwhile, deforestation in Klawiri Hamlet occurred in the development of oil palm plantations. PT IKSJ has been clearing forests since December 2021 and increased rapidly in January 2022, causing more than 200 hectares of forest to be lost.

Neglect of Indigenous Peoples' Rights

Another problem arises because some people do not have company document letters related to the company's plans, official permit letters and location maps, company agreement letters with clans, and others. This is the main factor in neglecting the rights of indigenous people who are vulnerable to becoming victims of oil palm plantation expansion, especially the right to security and the right to welfare. People lose their livelihoods, have difficulty accessing food sources, receive unfair compensation, and bear the risk of ecological disasters. The government has revoked unproductive and non-compliant permits, on the grounds of correcting inequality, injustice and environmental damage, but the company is still continuing deforestation activities. In essence, land is very important in Customary Law. The relationship between humans and land is interconnected, namely land as a place for humans to carry out daily activities. Customary land is the property of indigenous law communities that have been controlled since ancient times. In customary law, there is the highest right of control over land called "Ulayat Rights", namely the right of association of indigenous law communities over land in a territorial or genealogical area.

Legal Steps for Indigenous Peoples in Resolving Customary Land Disputes

Therefore, indigenous people have the right to obtain protection over their land and can take legal steps if a dispute occurs. Disputes can be resolved through deliberation to reach consensus between the parties or non-litigation such as mediation. However, if an agreement is still not reached, the community or its representatives can submit a written lawsuit to the court in the Defendant's legal area. Environmental law in Indonesia adheres to the concept of conventional right of claim, which is related to public interest law or the interests of many people. Parties who hold legal standing act on the basis of the interests of the wider community even though they do not have a direct legal interest, because there are violations of public rights (civil rights, environmental rights, consumer protection, and political rights). Who can have legal standing and act as the plaintiff? This is regulated in Law Number 32 of 2009 concerning Environmental Protection and Management:

• Individual right of claim, in Article 84 paragraph (1)
• Community right of claim in the form of class action, in Article 91
• Government right of claim, in Article 90
• Right of claim of environmental organizations or NGOs, in Article 92
• The right to file an administrative claim, as stipulated in Article 93.

Case Examples of Customary Land Dispute Resolution

There is a dispute over the construction of the Trans-Papua Road that crosses customary land in West Papua in Decision Number 120/Pdt.G/2018/PN.Son, between Keliopas Momo (Plaintiff) as a representative of the Momo clan indigenous people who are native residents of West Papua and the Ministry of Public Works & Public Housing of the Republic of Indonesia, PT. Pulau Lemon, PT. Expra, PT. Retro Hasyirindo Consultant, the Governor of West Papua Province, the Regional Office of the National Land Agency of West Papua Province (Defendants). The lawsuit states that the Plaintiff's customary land used for the Trans-Papua Road by the Defendants was taken and used without going through a process of deliberation on compensation and release of rights with the Momo clan indigenous people as the holders of rights to customary land. Based on the judge's decision which states that the Defendant has committed unlawful acts that harmed the plaintiff by not asking for permission and providing fair and appropriate compensation to the Plaintiff and declaring the land customary along +22 KM and width +16 M2 stretching from the Ayae River to the Sisu River, on which the Sorong-Manokwari section of the Trans-Papua Road has been built, is part of the Plaintiff's customary land. However, on the other hand, there is a decision that is considered less favorable to the rights of indigenous people. In the Appeal Decision Number 13/B/2022/PT.TUN.MKS, the Panel of Judges of the Makassar State Administrative High Court granted the appeal filed by PT Papua Lestari Abadi and annulled the decision of the Jayapura State Administrative Court Number: 32/G/2021/PTUN.JPR. with a lawsuit filed by the Moi Indigenous People in Sorong Regency. The Moi Indigenous People held a customary institution session, with a decision that the indigenous people rejected oil palm plantations in Sorong Regency and supported the Sorong Regent's policy of revoking oil palm permits. The Panel of Judges considered that there were no specific rules governing the direct revocation of permits, so the Plaintiff/Respondent should not have directly imposed the heaviest sanction of revoking the permit but should have first given a written warning to the Defendant/Appellant. Observing these cases, the role of the state in conflict resolution efforts is very important. Therefore, law enforcement officials must be able to eradicate all forms of deviation from criminalization or discrimination against forest management carried out by indigenous people and consider the interests of indigenous people with the aim of justice and community welfare. The main thing to do is to consistently carry out deliberation and consensus through the stages of public consultation and determination of compensation, settlement through mediation, and if a unanimous agreement is still not reached, a lawsuit can be filed with the court.