Final Land Acquisition Book English.indd - Forest Peoples Programme

More documents

Recommendations

Info

Chapter 3 The Normative Framework - Land Acquisition for New Plantings The core of this study (section 4) examines the realities of land acquisition in Indonesia by looking at the operations of six different companies in three provinces. However, to make sense of this information it is first necessary to explain in some detail the policies, laws and procedures by which lands are allocated and acquired in Indonesia by the State, private companies and local communities. This section thus summarises: the kinds of companies operating in the palm oil sector; the way government policies towards the oil palm sector have evolved; changing government policies towards indigenous peoples; existing measures to secure customary rights; procedures for acquiring lands for plantations and, finally; procedures for converting forest lands to estate crops. 3.1 Types of Oil Palm Companies There are several types of estate crop companies recognized in Indonesian law, which vary in terms of their size and the form of ownership. To complicate matters, as related later, the different types of companies also have different obligations, and have to go through different procedures, in the processes of land allocation and land acquisition. Large-scale companies: Large-scale companies are distinguished by whether they are State- or privately owned. State-owned companies, referred to as Perusahaan Terbatas Perkebunan Nasional (PTPN), are para-statal companies, wholly owned by the State, which operate in all parts of Indonesia in the exploitation of a wide range of natural resource products, such as tea, cinnamon, cloves and palm oil. Palm oil is still the largest and the most profitable product produced by these state-owned companies. PTPN companies are run wholly on business lines and their staff are recruited on a professional basis. 1 PTPN used to control the majority of oil palm plantation land in Indonesia, and it still has a total concession area of about 770,000 ha., 2 but its dominance has now been eclipsed by large-scale private operators. 42 Palm Oil and Land Acquisition in Indonesia
There are two major types of privately owned companies operating in the palm oil sector in Indonesia distinguished by the form of their ownership. 1. 2. The first kind are privately owned companies, in which more than 50% of the shares are owned by Indonesians. Some of these are listed on the Jakarta or Surabaya stock exchanges. Where there are foreign owners holding less than 50% of the shares, these are referred to as join ventures and are regulated through the national or local offices of BKPM (Badan Koordinasi Penanaman Modal - Investment Coordinating Board). The second kind of companies are those which are more than 50% owned by foreign investors. Most of these companies are listed on international stock exchanges and operate as multinational companies. As detailed in section 4 of this report, the study examined all three of the above kinds of large-scale companies, all of which operate on ‘State land’ and all of which are regulated through various permits both nationally and locally. Medium-scale companies: There are also medium-scale companies, the number of which is now diminishing in Indonesia. These companies are also little researched, are subject to lighter regulation, and the details about them are not recorded in national bureaux. Such companies are formed as collectively-owned cooperatives or are owned by single individuals. These may operate either on ‘State land’ or on private land. Commonly these operations are established close to large-scale operations to which products are marketed for milling or transport. These medium scale companies tend to use the same oil palm hybrids and plantation management techniques as large-scale operations. Small scale plantations: Small scale plantations are those covering less than 25 hectares which are mostly owned by single farmer households. Small-holdings may be established by a number of means. Some are established as individually operated smallholdings, known as ‘plasma’, in association with large-scale operations which also contain extensive areas, known as ‘inti’, operated directly by the companies, and are known in English as Nucleus and Smallholder Estates (NES) and in Bahasa Indonesia as Perkebunan Inti Rakyat (PIR). There are a number of variations of the NES model, and some are supplied with human resources in form of migrants moved from central Indonesia to the ‘outer islands’ under the State-sponsored Transmigration programme (PIRBUNTRANS). Areas of extensive smallholdings can also be established directly through government credit schemes, as well as through farmers’ own initiatives (swadaya). This study only examined the land tenure situation of smallholdings established as plasma alongside large-scale operations and did not examine the land acquisition processes of independent medium and small-scale growers. 3 The Normative Framework - Land Acquisition for New Plantings 43
Page 2 and 3: Promised Land: Palm Oil and Land Ac
Page 4 and 5: Acknowledgements The authors would
Page 6 and 7: Contents Executive Summary 11 Chapt
Page 8 and 9: Acronyms ADB AMDAL ANDAL APL BAL BA
Page 10 and 11: SKT SPPT TGHK UN UPSB UPSBM UPSBK U
Page 12 and 13: mainly so speculators can get acces
Page 14 and 15: Policies Favour Large-scale Plantat
Page 16 and 17: In effect the government is failing
Page 18 and 19: Chapter 1 Introduction 1.1 Reasons
Page 20 and 21: Notwithstanding these limitations,
Page 22 and 23: 6 5 4 3 Million Hectares 2 1 0 1968
Page 24 and 25: figures, in the past five years, an
Page 26 and 27: Table 1.2. Provincial Government Pl
Page 28 and 29: Figure 1.5 Areas of current oil pal
Page 30 and 31: Endnotes: 1 Foe 2004; Wakker 2004;
Page 32 and 33: Chapter 2 Towards Responsible Palm
Page 34 and 35: The 25 persons were selected from a
Page 36 and 37: Details about negotiated agreements
Page 38 and 39: A simplified version of the TNC/DfI
Page 40 and 41: Negotiating acceptable standards fo
Page 44 and 45: 3.2 Government Policy on Palm Oil D
Page 46 and 47: evaluate proposals for conversion o
Page 48 and 49: Moreover, although the Act emphasiz
Page 50 and 51: corresponding customary law communi
Page 52 and 53: Although the application of this pr
Page 54 and 55: were part of national development p
Page 56 and 57: electricity. 52 It is not clear tha
Page 58 and 59: ISSUANCE PROCEDURE STAGES FOR PLANT
Page 60 and 61: Translation Section for the table a
Page 62 and 63: According to the Decree, to obtain
Page 64 and 65: Article 8 of this decree states tha
Page 66 and 67: Table 3.1: Indonesian Forest Area b
Page 68 and 69: option available. The overarching l
Page 70 and 71: several times the last being Staatb
Page 72 and 73: Chapter 4 Case Studies As part of t
Page 74 and 75: In the 1990s, the coastal adat comm
Page 76 and 77: In the New Order era, communities w
Page 78 and 79: project participants, who have not
Page 80 and 81: Testimony of Mr. Ajan, from Ngaras,
Page 82 and 83: On 10 December 1993, the land offic
Page 84 and 85: fact that the compensation being pr
Page 86 and 87: Figure 4.2 Map of Kampung & Adat ar
Page 88 and 89: Figure 4.3 Map of Plasma & Nucleus
Page 90 and 91: 6,260 ha. of land in Bengkunat. Lik
Page 92 and 93:
4.1.6 Land Redistribution: Marga Re
Page 94 and 95:
international transportation linkin
Page 96 and 97:
The government of Sanggau district
Page 98 and 99:
Table 4.4: Land Use of Proposed PT
Page 100 and 101:
These changes have also had their c
Page 102 and 103:
4.3 PTPN XIII 4.3.1 Background to P
Page 104 and 105:
lands were allocated to the company
Page 106 and 107:
through the required process of lan
Page 108 and 109:
▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ PTP
Page 110 and 111:
▪ ▪ ▪ ▪ ▪ Smallholder fam
Page 112 and 113:
transmigration uniform, with passio
Page 114 and 115:
Testimony of a third Transmigrant I
Page 116 and 117:
widely publicised Decree of the Min
Page 118 and 119:
The Environmental Impact Assessment
Page 120 and 121:
Official in the Provincial Regional
Page 122 and 123:
Mr. Ir. Pontas Sihotang, Head of Pl
Page 124 and 125:
of executive members. In this situa
Page 126 and 127:
The company successfully acquired 1
Page 128 and 129:
Local people strongly rejected the
Page 130 and 131:
Under the still vigorous customary
Page 132 and 133:
authority to decide. In some cases,
Page 134 and 135:
Since 1992, Pasaman District has be
Page 136 and 137:
Those arrested from Kapar were late
Page 138 and 139:
Picture 4. Recommendation Letter of
Page 140 and 141:
▪ ▪ ▪ ▪ Land acquisition sh
Page 142 and 143:
1) 2) 3) 4) 5) 6) Accept migrants c
Page 144 and 145:
Picture 6. A letter of ulayat land
Page 146 and 147:
Local community members of Kapar re
Page 148 and 149:
4.6.8 A history of Land Disputes in
Page 150 and 151:
distinct from other community membe
Page 152 and 153:
not written. The formal validation
Page 154 and 155:
According to the Head of BPN in Wes
Page 156 and 157:
Endnotes: 1 LeBar (1972) refers to
Page 158 and 159:
Mulang Maya (Choiruddin); Village h
Page 160 and 161:
activist and legal adviser to this
Page 162 and 163:
Ministry of Industry and Trade, Ria
Page 164 and 165:
147 In accordance with Law No. 56 o
Page 166 and 167:
Chapter 5 Legal Analysis Chapter 3
Page 168 and 169:
5.1.1 Land Ownership As noted, a ba
Page 170 and 171:
We can see these elements in confli
Page 172 and 173:
2. The second model is an agreement
Page 174 and 175:
environmental impacts, could place
Page 176 and 177:
The Forestry Law (UU Kehutanan): li
Page 178 and 179:
not have been categorized as State
Page 180 and 181:
▪ ▪ ▪ ▪ At the stage when a
Page 182 and 183:
estate labourers, out-growers or di
Page 184 and 185:
▪ ▪ ▪ Establishment of open a
Page 186 and 187:
▪ If RSPO adopted lowered standar
Page 188 and 189:
Boomgard (1998) Between Sovereign D
Page 190 and 191:
ICBS (1997: 88) Kalimantan Review (
Page 192 and 193:
Sargent, Howard J (2001) Vegetation
Page 194 and 195:
Appendix Total 8 Principles and 39
Page 196 and 197:
promote the positive ones are made,
show all

Final Land Acquisition Book English.indd - Forest Peoples Programme

Create successful ePaper yourself

Delete template?

Save as template?