VIEWS AND STATEMENT FARMER ORGANIZATION ON DRAFT PRESIDENTIAL REGULATION AGRARIAN REFORM

VIEWS AND STATEMENT FARMER ORGANIZATION ON DRAFT PRESIDENTIAL REGULATION AGRARIAN REFORM

Indonesian Farmers Union (SPI) – Indonesian Peasant Alliance (API) – Integrated Pest Management Farmers Association Indonesia (IPPHTI)

Introduction

Farmers’ organizations welcomed the plan of the Ministry of Agricultural and Spatial Planning / National Land Agency (ATR / BPN) the Republic of Indonesia to create a Presidential Decree (Decree) of Agrarian Reform as part of the political promises contained in the Nawa Cita. Actually, we think this is a bit late, but the effort is a good move, because agrarian reform is very important to be implemented immediately. Thank you also for involving us to provide input in the preparation of this regulation.

Considering the importance of agrarian reform in an effort to build economic independence of Indonesia and in particular to change the fate of the lives of farmers and people living in rural areas, farmers’ organizations would like to convey our views and statements on draft presidential regulation (R. Decree) the Agrarian Reform.

First, we mean Agrarian Reform is to be carried out over five years (2015-2019) with an area of 9 million hectares have been distributed to small farmers and landless people.

In this regulation is mentioned that Target TORA (Land Agrarian Reform Object) until the end of 2019 in accordance RPJMN 2015-2019 is an area of 9,000,000 (nine million) hectares (ha) in the entire territory of Indonesia; and TORA targets achieved through certification program of 4.5 (four point five) million ha and land redistribution program of 4.5 (four point five) million ha which includes the redistribution of land reform object of the wastelands. HGU (Cultivation Rights) covering an area of 0.4 (zero point four) million ha of forest area and the release of 4.1 (four point one) million ha. In this Presidential Regulation also is mentioned wide area distributed TORA, TORA adjusted to the availability and number of potential recipients, the low of 0.5 (zero point five) ha most comprehensive and 2 (two) ha for each recipient TORA. Referring to Article 8 of Law No. 56 Year 1960 PRP Concerning Determination of Agricultural Land area, every family farmer will get a minimum of 2 hectares of agricultural land.

If so, compared with the target recipient of the right to land then is to simply distribute land exs. HGU/wastelands of 400,000 ha that was enough and it could be mentioned as an effort of Agrarian Reform, and can bring justice?. Currently the national land area outside the forest area of 65 million ha, but only about 39.6 million ha controlled by farmers, and who controls 25.4 million ha ?.

Because of this president to interpret regulations that are already in the 2015-2019 RPJMN, therefore we think a mistake has occurred in RPJMN 2015-2019. This proves that the RPJMN 2015-2019 have already failed interpret the message of Agrarian Reform in Nawa Cita.

Second, we looked at the certification program must be separated from the Agrarian Reform. Because certification should be a routine activity undertaken by the Ministry of ATR / BPN and do not reflect the agrarian reform itself. While the agrarian reform must be special.

Thirdly, in order to bring the subject to the object, considering the many agricultural laborers, landless people (subjects) in Sumatra, Java, Bali, NTB and NTT (objects) should have the greatest implementation of Agrarian Reform implemented in all five of the island. Therefore, put the land comes from the release of forest area as the object of the largest (4.1 million ha) are is most likely be outside the five islands it is a step that is less precise as the Agrarian Reform, but it is more accurately described as transmigration activities as already been implemented in the new order.

Fourth, the role of farmers’ organizations as a representative subject of Agrarian Reform should be involved from the object of determining the location of Agrarian Reform, and distribution, as well as the follow-up activities. In the draft presidential regulation is not described in more detail, but it is more than just the management principle of explanation. This time should now we have entered the stage of technical, for example, to clarify in the current context of the laws of PRP Number 56 Year 1960 regarding the Stipulation of Land Agriculture and Regulation No. 224 of 1961 on the implementation of Land Distribution and Provision of Torts as already amended by Government Regulation No. 41 of 1964.

Fifth, the executing agency of Agrarian Reform in the draft Regulation of the presidential form of Agrarian Reform Council (DRA) in our opinion will not be strong. The implementing agencies will be stronger with the agency scheme which is directly responsible to the President who can reach out to the lower levels, operational coordination not only make a recommendation and is not influenced by the political dynamics of the region-for example SPECIAL Agrarian Reform Agency. Special Agency of Agrarian Reform must be filled by a credible person.

Sixth, agrarian reform must be part of the settlement of agrarian conflicts comprehensive (integrated) by giving priority to restoration of the rights of the people as victims of agrarian conflicts, including the resolution of agrarian conflicts in the past, where the land that became the agrarian conflict that is inserted into the Land Object Agrarian Reform (TORA).

So, connection therewith, we propose the following:

1. We propose that agrarian reform is a presidential decree on the decision correcting RPJMN 2015 – 2019 for objects Agrarian Reform stating certification activities 4.5 million, 4.1 million release of forest area, and 400 thousand hectares of land from the former HGU other. A presidential decree that will be issued should put the area of 9 million ha was in the land of the former HGU / wasteland, which has been causing agrarian injustice has even led to the violation of Human Rights and in violation of the Agrarian Law in Indonesia;
2. This regulation makes an effort to build economic independence, especially in the village to overcome poverty, equitable development, create jobs and meet the basic needs of national, namely the establishment of food sovereignty in Indonesia;
3. Putting the farmers as a subject involving farmers’ organizations from the from planning to the implementation; the involvement of farmer organizations is important clearly defined;
4. The implementing organizations of agrarian reform is a specialized agency that serves as a working unit directly under the president which covers tasks from national to local.

It is statement and views from farmer organizations to be used as an ingredient draft Presidential Decree.

Jakarta, March 24, 2016

1. Indonesian Farmers Union (SPI)
2. Indonesian Peasant Alliance (API)
3. Farmers Association of Integrated Pest Management Indonesia (IPPHTI)