MUARA MERANG VILLAGE FOREST

MUARA MERANG VILLAGE FOREST

Important Notes Towards Sustainable and Fair People Management over Forest Resources

Author: Sigid WidagdoHenni Marini

2014

MUARA MERANG VILLAGE FOREST:Important Notes Towards Sustainable and Fair People Management over Forest Resources

Coorporation by:Sajogyo Institute & Wahana Bumi Hijau

Author: Sigid WidagdoHenni Martini

Layouter: Elham Syahrul Ramadhan

Cover Design:Kurnianto

This research supported by Simenpuu Foundation

Sajogyo InstituteSajogyo Institute didirikan pada tanggal 10 Maret 2005. Sajogyo Institute adalah lem-baga yang bergerak dalam produksi dan layanan pengetahuan untuk kemajuan gera-kan sosial dan perbaikan kebijakan agraria, dan pembangunan pedesaan di Indonesia melalui penelitian, pendidikan, pelatihan, dan advokasi kebijakan, dengan tujuan untuk membangun massa kritis dalam gerakan menegakkan keadilan agraria dan memban-gun kemandirian desa. Prof. Sajogyo merupakan salah satu pendiri Yayasan dan pem-beri wakaf tanah yang berada di Jl. Malabar 22, Bogor, Jawa Barat, dengan keseluruhan bangunan rumah dan perpustakaan beserta isinya.

Jl. Malabar No. 22, Bogor, Jawa Barat 16151Telp/Fax: +62 251 8374048www.sajogyo-institute.or.id

iii

TABLE OF CONTENTS

FOREWORD [v]

Chapter I. The Agricultural Society, Territorializa-tion of Indigenous Territory, and Politics of the Authorities through Ages in South Sumatra [1]- A Brief History of the Srivijaya kingdom

until the Sultanate of Palembang [2]- Dutch Colonization Era [5]- Japanese Occupation Era [9]- Postcolonial Era [12]- The Inequality in the Forest Concession in

South Sumatera [14]

Chapter II. A Brief History of Muara Merang and Its Village Forest [21]- A Brief History of Muara Merang [23]- The History of Pancuran Sub-Village [27]- The Socio-Economic Condition of Pancuran,

the Sub-village in Muara Merang [31]- Suku Anak Dalam (Anak Dalam Tribe), The

Indigenous Peoples of Muara Merang [33]

iv

Desa Hutan Muara Merang

Chapter III. The Territorialization and Control of the State toward Forest Areas in Muara Mer-ang [37]- The Entry of HPH, HGU, and HTI [39]- The Entry HGU, HTI, and Other Conces-

sions [41]- The Territorialization in Pancuran [43]

Chapter IV. The History, Process, and Dynamics of HD in Pancoran Sub-village [49]- The Formulation of the RKHD of Muara

Merang [57]- The HPHD of Muara Merang [58]- The License of the PHBM Relied on ‘the

Goddess of Fortune’ [63]

Chapter V. Pancuran after the Determination of the Village Forest [67]

Chapter VI. Women in the Village Forest of Muara Me-rang [77]- The Implication of The Village Forest for

the Condition and the Access of Women toward Their Land [90]

- The Changes in the Roles and Positions of Women After the Enactment on Village Forest [92]

- We Want to Speak Out!!! [93]

Chapter VII. The Challenges and Limits to the Struggle of the People over Land with the Village Forest Scheme [97]- Increasing Public Participation [108]

BIBLIOGRAPHY [113]

v

FOREWORD

Praise and Gratitude we pray to the Almighty God, Alhamdulillah thanks to His will and consent, the Books of Muara Merang Village Forest has been

completedMuara Merang Village is the area that has direct

access to the Merang Kepayang Peat Swamp Forest, which is the only natural peat swam forest areas remaining in South Sumatra. Like other villages in and around the forest area, Muara Merang Village has the same situation in im-plementatin of Forest & land managemant regulation and policy. The extractive licenses of state on forest area such as license of Forest Concessionaires, oil palm plantations and industrial timber estates had coloring the Muara Merang development from time to time

Up to now, when the forest is no longer stable, de-forestation and forest degradation getting worse, limited access to land for community, and the welfare of society is still in goin nowhere, the Community-Based Forest Manage-mant (CBFM) through Village Forest scheme is considered as a solution. In this book Wahana Bumi Hijau (WBH) as local NGOs focused in environment and community develop-ment, which becomes assistance on Muara Merang Village Forest tried to reflect and write the process, concern, and

vi

Muara Merang Village Forest

lesson learned of long journey of Muara Merang Village Forest licensing application process.

For the presence of this book, we would like to thank to community in Muara Merang Village, Muara Merang Village Forest Management Institution, Village government, the Forest Service at district level- Musi Banyuasin and pro-vincial level-South Sumatra. Last but not least also many thank to WBH team and partners, as well as Sajogyo Insti-tute (SAINS) which fully supports the process of writing and publishing this book

We hope this book can provide information and use-ful for policy makers, manager, NGO and other assistance institution related to forest management especially Village Forest, CBFM activist as well as people in Muara Merang Village.

Therefore, we would like to humbly apologize for any deficiencies contained in this book

Palembang, December 2014

Deddy Permana Director of Wahana Bumi Hijau (WBH)

1

Chapter 1

The Agricultural Society, Territorialization of Indigenous Territory, and Politics of the Authorities through Ages in South Sumatra

Through ages, South Sumatra cannot be separated from the dynamics of Palembang, not only as the capital of the province but also on the existence of

Palembang as the mouth of the Musi River. Musi connects and tightens the dynamics of South Sumatra societies from the upstream to downstream. It also divides South Sumatra into two major regions based on the landscape called the area of uluan and iliran.

Uluan is the plateau regions and the upstream of rivers that join in Musi in Bukit Barisan Sumatera until Bengkulu. In contrast, iliran includes low-lands, rivers, swamps, and lebak (low-lands filled with water) which are part of the downstream of Musi.

Musi River and its tributaries are well known as the ‘Batang Hari Sembilan’ that connects uluan and iliran. Furthermore, the river that during the rainy season can be passed to the upstream, at first, became the main mode of

2


transportation in South Sumatra and had a big influence for the community development.

Such landscape condition has put Palembang, since the time of the Srivijaya Kingdom and the Sultanate of Palembang, as the center of all crops that come from re-gions around it such as latex, coffee, jelutong, cotton, resin, and so on. From the uluan, through the waterway, by using the ‘roda lambung’ (a kind of traditional boat), crops and forest products were carried and collected in the city of Palembang.

Musi River also irrigated the fields of farmers, and became a place for fish, the source for food, bathing, washing, the mode of transportation. It also had other im-portant roles in the daily life of the society.

South Sumatra in its history has undergone changes of power, from the era of the Srivijaya Kingdom (7th - 14th century), Sultanate of Palembang (17th century), Dutch colonization, Japanese occupation, and Independence period.

A Brief History of the Srivijaya kingdom until the Sul-tanate of Palembang

South Sumatra society since the era of the Srivijaya Kingdom had a strong agrarian culture and high dependency on forest products. The historical evidence about it was written in Talang Tuwo Inscription1, the relics from the Srivijaya Kingdom. It illustrated that the King of Srivijaya,

1 Talang Tuo Inscription was found by Louis Constant Westenenk (the Resident of contemporary Palembang) on November 17, 1920 in the foothill of Seguntang Mount, Talang Tuo, Palembang. It is, then, known as Talang Tuo Inscription. The size of this inscription is 50 x 80 centimeters with the year of 606 Saka, written in Pallawa, in Old Malay language, and consists of 14 lines. Van Ronkel dan Bosch are the first people who has successfully read and translated the inscription which was then published in Acta Orientalia.

3


Baginda Dapunta Hyang Sri Jayanasa, created Sriksetra Park to build a prosperous society.

Srikestra Park, which was actually a forest, was planted with coconut trees, areca nut, palm, sago, and a variety of fruit trees. There were also bamboo Haur, pumpkin, and patun. Small rivers such as Sekanak River, Lambidaro River, and Kedukan River flowed to the valleys in this hill. All of their tributaries joined in Musi River. Dams and ponds were also built in this park. Those hilly areas, the place of the Sriksetra Park, now, is known as Mount Siguntang in Palembang.

After the fall of the Srivijaya Kingdom, the region had no authority for hundreds of years until the sixteenth century when the Sultanate of Palembang Darussalam stood.

The agrarian culture was shown by the officials or the former authorities of the Sultanate of Palembang Darussalam who had rice fields in lebak area or talang 2 area. The fields and gardens of the authorities were managed by he alingan. Similarly, in Uluan (inland), the control of the land was given to Marga 3, which was very closely tight with agrarian life and rich of forest products.

Marga was a legal society which consisted of several villages and each village consisted of some kampong. In a hierarchy, every marga was led by a Pesirah, Kerio, and

2 Lebak area was a place to plant fertile rice although only once in a year while talang area was the best place for gardening since it was not filled with water. They planted various fruits such as durian, duku, mangosteen, rambutans, coconut, and so on.

3 The term Marga in South Sumatera comes from Sanskrit language “Varga” which has the meaning of the union of sub-villages based on either genealogy or territory. It has distinguished the concept of Marga in North Sumatera (Batak) which becomes the identity based on the genealogy. On the other hand, Marga in South Sumatera comes from the union of sub-villages based on certain territory (afdeeling territoriali) or family origin (genealogic).

4


Penggawa. The vice of Pesirah was Kerio, and where the Pesirah lived was called Pembarap.

In the context of territory, Marga had areas that were clearly demarcated. In its regions, there was a certain area controlled by Pasirah such as Hutan Larangan, Rimba Tua, Belukar Muda, and Rimba Alas. 4 In addition, there were also areas that were distributed the sub-villages. 5

Customary rules governing Marga referred to Simbur Cahaya Law formed by Queen Sinuhun during the reign of Sido Ing Kenayan (1629-1636) when the Sultanate of Palembang was still in the form of kingdom.

Simbur Cahaya Law consisted of 6 chapters and 188 articles which regulated the rules of Marga, sub-village, Kampong, Marriage of Men and Women, farming rules, customs of punishment, and fines.

These rules were generally obeyed by the commu-nity. While the resolution of serious cases such as rebellion or murder that could not be resolved in Simbur Cahaya Law would be determined by the Sultan.

Simbur Cahaya Law has been amended several times according to the form of the government since the Sultanate era, the Dutch colonization, the independence era until the

4 Hutan Larangan was hutan ramuan that was determined by Marga and that could not be utilized as field or plantation but could be benefitted with the permission of Pasirah or Kerio for the needs of forest products of the society (ramuan rumah). Rimba Tua was a forest with large trees growing thickly in which the age was more than 10 years. Belukar Muda was a forest of thickets that had ever been planted and left by the people. Rimba Alas was a forest of wild trees that had never been explored. Those four areas were occupied by Marga and could only be used with the permission from the head of Marga (Pasirah).

5 Supriadi Adhuri (2002) Antara Desa dan Marga: Pemilihan Struktur pada Perilaku Elit Lokal di Kabupaten Lahat, South Su-matera, Lembaga Ilmu Pengetahuan Indonesia, Jurnal Antropologi Indonesia.

5


issuance of Law No. 5 of 1979. That Law stated about the abolition of the customary law in Indonesia.6

The abolition of the customary system was applied in South Sumatera on March 24, 1983 with the issuance of the Decree from South Sumatera Governor No. 142/SKPTS/III/1983 as the reference for the implementation of Law No. 5 of 1979.

Dutch Colonization Era

The fall of the Sultanate of Palembang was started by the loss of Sultan Mahmud Baddarudin III in 1821, and it became the starting point of the Dutch colonization era in south Sumatera.

The Dutch colonials erased the Sultanate of Palembang system gradually and phased over the governmental system which was previously based on Marga. As the highest colonial official in Karesidenan (a group of districts) Palem-bang, there was a Dutch Residen assisted by an Assistant of Residen. The Assistant of Residen led Afdeeling which con-sisted of Onderafdeeling headed by Kontroleur. The Residen, Assistant of Residen, and Kontroleur were known as Neder-landse Binenlands Bestuur (NBB).

Because of many obstacles for the Kontroleur to make a connection directly with the native people in the area Onderafdeeling, then in his duties, he was accompanied by a Demang who led District. The District consisted of several Onderdistrict headed by the Assistant of Demang who was helped by Mantri Polisi (official for security) and Mantri Pajak (official for taxation) (Belasting).

The existence of Pesirah as the leader of Marga could not be replaced. The position of Marga was under Onderdistrict.

6 Farida dan Yunani, Undang-Undang Simbur Cahaya Sebagai Sumber Hukum di Kesultanan Palembang, Universitas Sriwijaya.

6


However, the recognition toward the autonomy of Marga by the Dutch colonial was an attempt to remove the rem-nants of the traditional customs which were considered as the hindrance for the interest of the Dutch colonials. There was a principle of separation because the autono-my applied in this region was not based on the territorial principle but the principle of ethnicity (power) where each Marga was allowed to live apart from one another according to its respective tribe with reduced power and influence. 7

The Dutch colonials also modified Simbur Cahaya Law to support their interest. Some parts omitted were the ones concerning the administration and control of land rights by Marga, while the other parts kept were the ones dealing with customary law.

However, the influx of the Dutch colonials did not overthrow the agrarian culture of South Sumatra, espe-cially in the area of Uluan, Palembang. It was because the negation of the rights over people’s land by the colonials through Agrarische Besluit in 1870, by proclaiming the land of the state (Domeinverklaring), initially did not interfere people’s land or Marga which was previously the regions of the Sultanate of Palembang.

Actually, this fact was mainly because the areas of South Sumatera had a lot of empty land or a forest of thickets (woeste gronden), so the Onderneming could open a new plantation in those areas without disturbing and suppressing people’s plantation. 8

7 Sejarah Perjuangan Musi Banyuasin8 See in Boeke, J. H., The Evolution of the Netherlands Indies Economy

(Haarlem: H. D. Tjeenk Willink & Zonen, 1947) or Clifford Geertz, Agricultural Involution: The Process of, in the footnote from Dedi Irwanto Muhammad Santun, Venesia Dari Timur : Memaknai Produksi Dan Reproduksi Simbolik Kota Palembang Dari Kolonial Sampai Pasca Kolonial (Yogyakarta;2010)

7


However, the people of South Sumatera lived in misery due to the implementation of land rent (landrent) because the farmers who worked on the land were con-sidered as tenants to the Dutch colonials.

This situation was different from when the system of Marga was applied in the Sultanate of Palembang era where people allowed those came from sub-villages to take any-thing in forests or in lebak / rivers such as: woods, rattans, deer, fish, and so on under the control of Pesirah. However, it became such a tradition from generation to generation that people would give some of what they obtained to the traditional authority (a reciprocal relationship between the people and the authority). As for Pesirah, they had an obligation to pay some tribute (milir-seba) voluntarily to the Sultan in certain times, once in three year.

Landrent which, in some areas, was called Pajak Kepala, exteremely burdened the people. Moreover, the people of South Sumatera under the authority of the Sul-tanate of Palembang had never experienced a taxation system like landrent. 9

The great advantage of the Dutch East Indies trading companies, in addition to mining, was crops and forest pro-ducts. As stated in the report of the Van Landbouw Depart-ment (one of the Departments of the Dutch East Indies), Southern Sumatra was an area rich of forest and plantation products especially rubber trees growing from the 1920s. Although it could not been calculated precisely, the area planted with many rubbers were Ogan Ilir, Ogan Ulu, Komering Ilir, Komering Ulu, Lematang Ilir, and Rawas. Ogan was the major producer of rubber in Palembang. 30

9 Sejarah Perjuangan Musi Banyuasin, from ; P de Roo De Faille, Dari Zaman Kesultanan Palembang, Bhratara, Jakarta, page 16. and Sar-tono Kartodirdjo, et.al., Sejarah Nasional Indonesia IV, Balai Pustaka, Jakarta, 1977, page 66-67.

8


percent of the rubber products came from this area. Be-sides, Palembang was also famous for coffee particularly in the hilly area, Semende, and Lahat. The products also in-cluded rice, areca nut, rattan, and forest wood.10

Strong agrarian culture and high dependency on crops and forest products in South Sumatra society could also be seen from some historical records about the in-crease and decrease of the people’s economy. Since the past time, the economy of the society depended on the rise and fall of the price of forest and plantation products.

Some historical records proved that there was a suffering in uluan area of Palembang because the price of all forest and plantation products decreased dramatically as well as the price of rubber. In 1919 – 1922, the people of uluan was almost desperate about their rubber planta-tions. As a result, some rubber trees were left with bushes, and some other farmers sold their plantation in a very low price.

Their burden was worse because the price of rice in-creased significantly, while the products of the plantation were not really satisfying. Nevertheless, since 1923, their lives changed because all of their crops began to achieve “price”. Moreover, the price of latex obtained rose drastically.11

10 In 1938, more than 25 percent of rubber trees of Dutch East Indies was in Keresidenan Palembang. See Inlandsch Cultuur, Palembang, page 13—14; See also Jousairi Hasbullah, Mamang dan Belanda: Goresan-goresan Wajah Sosial Ekonomi dan Kependudukan Suma-tra Selatan Zaman Kolonial dan Refleksinya pada Hari ini (Palem-bang: Penerbit Universitas Sriwijaya, 1996), in the footnote, Dedi Irwanto Muhammad Santun, Venesia Dari Timur : Memaknai Produksi Dan Reproduksi Simbolik Kota Palembang Dari Kolonial Sampai Pasca Kolonial (Yogyakarta;2010) page 68.

11 See Tjahaja Palembang, Palembang, Thursday, January 14, 1926, in Venesia Dari Timur : Memaknai Produksi Dan Reproduksi Simbolik Kota Palembang Dari Kolonial Sampai Pasca Kolonial, page 96 (Yogya-karta;2010)

9


Dutch East Indies trading companies profited a lot, so that in the second decade of the 20th century, around 1930, Palembang was considered as a profitable area (wingewesten), a name for an area which was exploited economically and gave big profit. However, the big profit reflected the great oppression experienced by the people in South Sumatera.

The dependency of the people of South Sumatera on the products from farms, plantations, forests, and rivers still occurred as necessity to struggle under the Dutch colonial authority with its land rent taxation system that burdened and the tax for the Dutch colonials in lower authority such as tax for Demang or the Assistant of Demang.

Similarly, Pesirah who headed Marga was no longer as the representative of the people they led, but they worked as the accomplice for the authority, the Dutch colonials. Even some Pesirah, slowly, became the opponent of the people they led.

It was important to observe the governance of Marga that long attached to the people of South Sumatera because the governance of Marga was not only part of the arrange-ment in the system of the society but also the explanation of the territorialization and the tenure of land over the au-thority through time in South Sumatera.

Japanese Occupation Era

When the Second World War reached Indonesia, the Dutch surrendered to the Japanese Military without any requisitions. The Japanese occupation in Indonesia (1942 – 1945) did not reorganize the governance built by the Dutch colonials but continued it by changing Ketika perang dunia kedua sampai ke Indoensia, Belanda menyerah kepada mi-liter Jepang tanpa syarat.Pendudukan Jepang di Indonesia

10


(1942-1945) tidak melakukan perombakan sistem kepe-merintahan yang telah dibangun oleh Pemerintahan Kolo-nial Belanda, melainkanthe names of the Dutch officials with Japanese names.

The Japanese Military Administration confirmed to continue the civilian government that existed before in Osamu Seirei No. 1/1942, which read:

“All government agencies and their authority, laws, and regulations of the former government were still valid temporarily as long as they did not oppose the rules of military government. 41) Although, structurally, the government has not changed much, but in the era of the Japanese occupation, we obtained the three centers of military authority concentration through-out the archipelago … “

Thus, the name of Marga was changed into Son headed by Son-Tjo as the replacement of Pesirah. In the same way, the name of Dusun (sub-village) was transformed into Ku led by Ku-Tjo as the replacement of Kerio.

The governance of Marga was different from the era of the Sultanate of Palembang. The Japanese military government transformed Marga as the concentration for absorbing natural resources especially food crops for the need of wars and labor exploitation.

The history of the system of Marga through ages can be seen in the table below:12

12 Meidia Pratama (2014) This is Our Land?, Analisa Dinamika Sistem Tenurial di South Sumatera, bandungmagazine.com

11


1821

The

loss

of S

ulta

n M

ahm

ud B

adar

udin

II in

182

1 be

gan

the

Dutc

h Co

loni

zatio

n in

Sou

th S

umat

era.

1842

The

Sulta

nate

of P

alem

bang

was

abo

lishe

d by

the

Dut

ch a

nd c

hang

ed in

to K

ares

iden

an u

nder

the

aut

hori

ty o

f Gen

eral

Go

vern

or in

Bat

avia

.

1827

Staa

dbla

d N

o. 1

09 o

f 182

7 th

at d

eter

min

ed K

ontr

oleu

r as t

he su

peri

nten

dent

of M

arga

was

ena

cted

.

1873

The

Resid

en o

f Pal

emba

ng is

sued

Cir

cula

ire

No.

326

whi

ch d

eter

min

ed th

e sy

stem

of e

lect

ion

for

Pasir

ah, P

emba

rap,

and

Ke

rio.

1903

Staa

dbla

d N

o. 3

29 r

egul

atin

g th

e de

cent

raliz

atio

n w

here

the

aut

hori

ty o

f th

e Re

siden

, Afd

eelin

g, a

nd C

ontr

oleu

r w

as

stre

ngth

ened

was

ena

cted

. The

pha

se o

f eco

nom

ic li

bera

lizat

ion

was

als

o st

arte

d:

- The

pri

ncip

le o

f dom

ain

verk

lari

ng w

as a

pplie

d. L

ands

bec

ame

the

prop

erty

of D

utch

colo

nial

s.

-

The

wor

kers

of t

he la

nds s

houl

d pa

y th

e la

nd re

nt ta

x.

-

The

lead

ers o

f Mar

ga d

id n

ot re

ceiv

e th

e pr

ofit

shar

ing

of th

e la

nds.

Even

, the

y be

cam

e th

e op

pone

nt o

f the

peo

ple.

-

Priv

ate

inve

stor

s exp

ropr

iate

d th

e la

nds o

f Mar

ga fo

r a b

ig sc

ale

ente

rpri

se a

nd h

arne

ssed

the

lead

ers o

f Mar

ga.

-

Ther

e w

as a

sign

ifica

nt e

cono

mic

al d

iscr

epan

cy.

-

The

peop

le st

arte

d to

exp

erie

nce

seri

ous d

isin

tegr

atio

n.

1938

Staa

dbla

d N

o. 4

90 a

nd N

o. 6

81 o

f 193

8 w

here

Mar

ga w

as c

onsi

dere

d as

the

low

est s

yste

m o

f the

gov

ernm

ent b

ased

on

the

cust

omar

y la

w w

as e

nact

ed.

1942

- 19

45Th

e Ja

pane

se O

ccup

atio

n Er

a

-

Mar

ga w

as ch

ange

d in

to S

on h

eade

d by

Son

-Tjo

-

Dusu

n (s

ub-v

illag

e) b

ecam

e Ku

hea

ded

by K

u-Tj

o w

hich

was

ass

iste

d by

som

e Pe

ngga

wa.

-

Ther

e w

ere

conc

entr

atio

ns to

supp

ort t

he n

eeds

of t

he w

ar a

s the

sour

ce o

f foo

d an

d ch

eap

labo

r.

Afte

r the

In

depe

nden

ce

Day

until

Now

The

syst

em o

f Mar

ga a

nd P

asir

ah w

as co

ntin

ued

afte

r the

Inde

pend

ence

of I

ndon

esia

unt

il th

e im

plem

enta

tion

of th

e Vi

llage

Go

vern

men

t Law

No.

5 o

f 197

9 (L

aw 5

/ 19

79) w

here

eac

h M

arga

was

div

ided

into

iden

tical

uni

ts ca

lled

“des

a” (v

illag

e).

12


Postcolonial Era

Postcolonial Indonesian government, especially during the regime of Suharto in the New Order era, adopted the concept of colonial politic forestry, claiming that all forests were the property of the state which should be managed by the government and blended with the concept of indus-trial-scale forestry as one of the main tools for controlling lands and forest resources.

Following the enactment of Law No. 5 of 1967, the land use policy of forests was called as Tata Guna Hutan Kesepakatan / TGHK (Forested Land Use Agreement) or land-use of forests by consensus which was established by the Peraturan Pemerintah / PP (Government Regulation) No. 33 of 1970 on Forest Planning and formalized in a series of Regulation of Agricultural Minister in 1980 and 1981.13

The framework of the political forest and the forestry adopted by the New Order regime ignored the system of community-based forest resource management deve-loped by indigenous and local communities throughout Indonesia.14

Similarly, the implementation of the system of Marga in South Sumatra since the period before the Sultanate of Palembang until the Independence era had changed to-

13 Based on TGHK in 1970, permanent forest was categorized into: (1) Hutan Produksi (production forests) intended to support the extrac-tion of timber exports and the industrial timber forests (64.3 mil-lion hectares), (2) Hutan Lindung (protection forests) (30.7 million hectares), (3) conservation areas and Hutan cagar alam (the forests of nature reserve) (18.8 million hectares), (4) production forests in which the allotment could be changed (26.6 million hectares). At that time, the planning of the due date for the fulfillment of TGHK was in 1985. With the support from the projects sponsored by the World Bank, the Minister of Forestry made the demarcation on the land of forest based on the TGHK policy.

14 Mia Siscawati (2014) in Masyarakat Adat dan Perebutan Pengua-saan Hutan, Wacana 33, Jurnal Transformasi Sosial, Insist Press.

13


ward the ruination. In the colonial period, the system of Marga which had the right over the territory had changed into the tribal recognition without territorial factor. Then the changes were employed in Simbur Cahaya Regulations which became the reference for the implementation of the system of Marga. It did not only happen once but several times that Simbur Cahaya Law were changed by the ruling government in its era.

Even in the New Order era, the governance of the territorialization by the state in the next stage also abolished the system of Marga itself by the issuance of Law No. 5 of 1979, which contained the abolition of the customary laws in Indonesia. The abolition was applied in South Sumatera in March 24, 1983 with the issuance of the Decree (SK) of South Sumatra Governor No. 142 / SKPTS / III / 1983 as the reference for the implementation of Law No. 5 of 1979. 15

Law No. 41 of 1999 which was enacted to replace Law No. 5 of 1967 still adopted the political legal frame-work and the territorialization of the state control toward forests. Law No. 41 of 1999 did state about customary law, but it categorized as a part of state forests.

Step by step of ‘negaraisasi’ (the process of including something as the property of the state) was done toward the lands and forests due to the natural resources in them. ‘Negaraisasi’, as introduced by Noer Fauzi Rachman, was a source of denial toward the existence of customary people and their rights and also as a form of criminalization over the people. The historians of Indonesian Agriculture and Forestry realized that the denial and criminalization were institutional practices from the colonials (then continued by the postcolonial government) that use all of the authority of the state to control forest resources.

15 Farida dan Yunani, Undang-Undang Simbur Cahaya Sebagai Sumber Hukum di Kesultanan Palembang, Universitas Sriwijaya.

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Then based on the authority stated on the Law, public officials included some part or all of the indigenous terri-tories as part of the concessions given by the central and local governments to companies that extracted the natural resources and the products of plantation/forest/mining to produce global commodity or to governmental agencies in managing conservation areas (national parks, forest parks, and so on).

The bitter fact was something experienced by the communities of indigenous peoples in Indonesia. It included when they were under the New Order regime (1966-1998) until the reformation era (1998- now).16

The Inequality in the Forest Concession in South Su-matera

Negaraisasi could also be seen clearly in South Suma-tera. The negation of the system of Marga, which was the reference for the indigenous peoples in South Sumatera, and the policies tended to be exploitative toward their its natural resources by promising a continuous development concept.

That phenomenon could be seen from the Vision “The Prosperous and Leading South Sumatera with Its In-telligent – Cultured People” and the mission related to the utilization of its natural resources “Utilizing the mining and energy resources (fossil and renewable) in a smart, wise, and prudent way for the interest of the people”. Further-more, the purpose of the mission: “the sustainability of the regions supplying energy resources through the utilization of coal, petroleum, natural gas, geothermal energy, methane gas and renewable energy”.

16 Noer Fauzi Rachman (2014) Masyarakat Hukum Adat Adalah Bukan Penyandang Hak, Bukan Subjek Hukum, dan Bukan Pe-milik Wilayah Adatnya, Wacana Jurnal Transformasi Sosial 33, Insist Press.

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South Sumatera policies tended to be exploitative toward its natural resources by promising the concept of continuous development where natural resources were seen as things that should be utilized maximally for the de-velopment with the jargon for the welfare of the society.

Even, the planning of the policy had a tendency to be oriented to boost local revenue from the sector of land and forest. In the same way, the effort to transform the Province of South Sumatera as the regional supplier of energy through the utilization of the lands was the fact of how regional policies reflected the management of natural resources.

The inequality in the forest concession was one of the evidences of the negaraisasi. The management of produc-tion forests in South Sumatera mostly conducted by license holders in the form of Ijin Usaha Pemanfaatan Kayu Hutan / IUPHHK (the license of timber utilization enterprise). IUPHHK for natural forest was 2 units covering 60,800 ha, while the activities of Pembangunan Hutan Tanaman Indus-tri / HTI (the development of timber forests) in South Su-matera has been started since 1989. During 2003 – 2012, there were 19 (nineteen) license holders of IUPHHK-HTI with the area of concession 1,337,492 hectares.

While the forest concession for the small scale for the people through the scheme of Hutan Tanaman Rakyat / HTR (people forest), Hutan Desa / HD (village forest), and Hutan Kemasyarakatan / HKm (social forest) was small, the reserve area for HTR South Sumatera Province was16,230 ha in three districts. As for HD until March 23, 2014, from the proposal of 51,707 hectares, the area which had Penetapan Areal Kerja / PAK (the decision for working area) was 14,738 hectares, and for HKm, from 9 proposals of 9,507 hectares, the area of PAK was 856 hectares.

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It meant that the ratio of the forest concession in South Sumatera using the scheme of HTR, HD, dan HKm was proposed only for 5.5 percent from the total of IUPHHK HA&HT. It would be more unequal if it was compared with HD and HKm that had been PAK, only 1.1 percent from the total IUPHHK HA and HT in South Sumatera.

This fact was ironic, and if it was responded and ma-naged properly by the government, it would have a potency to increase or cause conflicts of forest management. It was even worsened by the forestry policy that directed forest utilization in RKTN 2011 – 2030 as the area for big scale forest utilization for corporations in various schemes.

The inequality of the land and forest concession based on negaraisasi became one pressure for indigenous or local people in or surrounding the state forest.

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Picture1. Peta Wilayah dan Fungsi Desa Muara Merang

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Villages in or surrounding the forest areas (produc-tion forests and protection forests) in South Sumatera Province were 699 villages with the potency of the area more or less 2 million hectares or half of the forest areas in South Sumatera which was 3.7 hectares. 17

In addition to South Sumatera, the accurate evidence of this problem could be seen in the data of the Ministry of Forestry and the Center Agency for Statistics (BPS) showing that there were 31,957 villages in Indonesia which inter-acted with forests and 71.06 percent of those villages re-lied on the forest resources for their lives.

It was also undeniable that the people in or sur-rounding the forests where a huge concession was given to the plantation and timber industries fell into poverty.

This fact supported the policy of the natural resource concession by the Republic of Indonesia adopted from the Dutch colonials that did not consider the territory of the people especially the territorialization of the indigenous peoples. It has become a chronic problem of this nation un-til now.

The background of the agricultural society with the implementation of territorialization and the politics of agri-cultural resource concession has sharpened the inequality in the concession, ownership, utilization, and allotment of agricultural resources which would be a ‘time bomb’ for the agrarian conflicts that could not be handled until now.

The limitation of the public access toward agricul-tural resources has raised some direct resistances from the people as a response for the limitation and even the

17 The data of BPDAS Musi 2013, there were 439 villages in Hutan Produksi / HP (production forest) with the extent of + 1,597,982.26 Ha, and there were 260 villages in Hutan Lindung (HL) with the ex-tent of + 427,114.60 Ha. The extent of the forested area in South Sumatera Province was + 3,760,662.

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exclusion of the people over the access for agricultural re-sources. In this case, the Ministry of Forestry has applied the scheme of Pengelolaan Hutan Berbasis Masyarakat / PHBM (People-based forest management). Will the PHBM become the answer for the problems that have been faced by the agricultural society of Indonesia with a number of political injustice toward the agricultural resource conces-sion? Beside, will the PHBM be able to reduce the agrarian conflict of the ‘time bomb’ and change it into an opportu-nity for the welfare of the society?

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Chapter IIA Brief History of Muara Merang

and Its Village Forest

Counter movements are formed because people recognize the risk of destruction and develop protective actions to

rebuild their lives. (Polanyi -1957)

The historical development of the people in Southern Sumatera from the Kingdom, Sultanate, Dutch Colo-nization, until the Independence era has experienced

long changes in terms of indigenous/ local people in the system of Marga. However, the system of Marga in Southern Sumatera was not entirely erased especially the agrarian culture of the people that still had dependency toward lands and forests.

The dependency of the people toward lands and forests should face the limitation or the elimination of the people’s access for the lands, natural resources, and their governing areas. The inequality of the land and forest concession by the state and or the concession of the plantation and timber industries has become the evidence of the exclusion pro-cess experienced by the people from the sources of their daily needs such as lands, natural resources, and their governing areas.

There are many villages surrounding or in the forest. Muara Merang Village is one of many villages that the access of the people is excluded because of a number of plantation companies and state forests.

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Picture 2. Peta Lokasi Hutan Desa dan HTI melalui citra satelit

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A Brief History of Muara Merang

Muara Merang Village is located on the mouth of the Merang River in Bayung Lencir Sub-district, Musi Banyu-asin District, South Sumatera. There are not only Merang River but also Bakung River, Rengas River, Durian Condong River, and their tributaries. Those rivers have become the witnesses for the native people of Muara Merang, Suku Anak Dalam (SAD), or the local people call them Wong Kubu when they roamed there.

A number of rivers in that lowland connecting one area to another area have an important role in the develop-ment of the people of Muara Merang. People from Lubuk Lancang, Tanjung Laga, Pangkalan Balai Banyuasin, and other places near there came for bekarang (finding fish as fishermen) in Muara Merang since 1950s.

Zainunah was one of the people who left their home to find better living and stayed on Merang River. She left her home with his husband, Senen, and her two children, Rusdi and Argani. Senen’s family was one of other families that moved to find better living by jukung boat as fishermen and looked for forest products until they found a good place for farming. Then they landed, made houses, and stayed there.

The first inhabitants were seven households or guguk. They built seven bubungan (a kind of house). Houses on the land were new phenomenon at that time since the people of South Sumatera iliran whose lives were tied closely to the river stayed more in the rumah rakit (raft house or a house floating on the river) or jukung.

In 17 years since 1958, Zainunnah and her family stayed in the riverbank of Merang River until one day, they moved to Bakung, Kepayang, and other sub-villages around Muara Merang.

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“From 1976 until 1979 I had ever planted rice around Bakung River (the location of PWS company now).r With 30 cans of seeds I could get 300 cans of rice in a year. I stopped farming since there wa PWS company in 1999”. (Zainunnah, 2009)18

Bakung and Kepayang became the centre of the settle-ment crowded that other places in Muara Merang. Bakung that is the centre of Muara Merang Village started to be in-habited in 1975.

In the past, before the village governmental sys-tem was applied in South Sumatera, Muara Merang was a sub-village headed by Kerio under the leader of Marga Lalan named Pesirah. Kerio Nung Cik had ever become the head of the sub-village. Then he was replaced by Senen as Kerio.

The leadership of Senen in Mura Karang lasted for quite long time until the change of Marga system into village governmental system, and Senen became the first head of Muara Merang Village in 1980s.19 The expansion of Muara Karang happened in 2006. Sub-village II of Muara Karang transformed into Kepayang Village.

On its north side, Muara Merang abuts on Muara Medak Village, on its west side, it abuts on Mangsang Village, and its south side, it abuts on Suka Damai Village.

Bakung that became the centre of Muara Merang is ± 225 kilometers from the city of Palembang, the capital of South Sumatera. Travelling on the road from Palembang to Bakung takes 6 hours. It passes Palembang – Jambi road and enters the area of an oil and gas company, Conoco Philips

18 Aidil Fitri, Hutan Rawa Gambut Merang Kepayang ; Masa Lalu - Masa Kini - Masa Depan, Palembang 2009.

19 Aidil Fitri, Hutan Rawa Gambut Merang Kepayang ; Masa Lalu - Masa Kini - Masa Depan, Palembang 2009.

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company, palm plantation of London Sumatera company (PT. Lonsum), and palm company of Pinang Witmas Sejati company (PT. PWS).

Bakung can also be reached through rivers from the city of Palembang by speed boat from the small har-bor under Ampera Bridge to Musi River, Lalan River, and Merang River.

Muara Merang Village was started to develope es-pecially after some HPH companies entered such as Bumi Raya Utama Wood Industries (BRUI) and Sumatera Sukses Timber company (SST) in 1979. The existence of the HPH companies triggered the people to hew the woods (bebalok). The woods they cut were sold to the HPH companies. The information about the HPH companies was spread to other places, so at the beginning of 1980, people came to this place and started to cut the woods, and some other people searched for a job in those companies.

Then in 1984, Muara Merang Village became the lo-cation for the program from Social Department which was the housing development program for people in the remote area. This program built 50 units of house, and after that, many migrants came and stayed in Muara Merang Village.

Many migrants that came disturbed Suku Anak Dalam (Suku Kubu) Community as the natives of this region, for they could not interact with the migrants. Thus, at the end, most of the natives returned to the forest and continued their lives from generation to generation.20

The narrowness of the place for live of SAD as the result of the massive HPH, HTI, and HGU made them move to the rivers. The small groups of SAD still stayed on the tributaries of Lalan River such as Medak, Badak, Merang, Kepayang, and other small rivers. At least,

20 About Suku Anak Dalam (SAD) or can be called Wong Kubu Lalan that are the natives of Muara Merang will be discussed in another text.

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there were 10 communities of SAD (around 50 house-holds) existed on Medak until Pejudian area. 21

Some of SAD who had ever been on Lalan River were still ‘melangun’ (moved from one place to another place). However, the loss of the forests had made SAD ‘melangun’ on Lalan River and its tributaries and lived from fishing.

The people there informed that sometimes, SAD tied up their boat in a place and built a simple hut on the side of the river for 4-5 months, and then they moved along the side of the river to find another place with many fish. 22

In 1990, this area turned into an opened area where some a number of sawmill companies began to develop such as Artha Makmur, Inti Makmur, and H. Nungcik. In 1998, this place was more crowded as the plantation com-pany, Pinang Witmas Sejati (PWS) came and the project of road and bridge construction through P3DT Program/ Pro-gram Percepatan Pembangunan Desa Tertinggal (Remote Villages Development Acceleration Prrogram) started. Hence, the access through the land was opened.

In the late 1999, the concession license of the HPH companies was expired, and on the next stage, in 2000s, there were many palm oil companies like Mentari Subur Abadi company and Mega Hijau Bersama (Indofood Group) company and HTI companies like Rimba Hutani Mas com-pany (Sinarmas Group) in 2006 and Global Alam Lestari

21 Beni Hidayat & Yuliusman Zawawi, (2014) Laporan Asessment se-baran and Kondisi Sosekbud Komunitas Adat Tertinggal (KAT) di Kab. Musi Banyuasin. WBH

22 Prasetyo Widodo (2014) Laporan Pendampingan Hutan Desa Merang-Kepayang, WBH.

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(GAL) company that asked for Izin Usaha Pemanfaatan Penyerapan dan Penyimpanan Karbon / IUP RAP dan PAN Karbon (business license for Carbon Absorption and Storage) in 21,780 hectares (Ha) in 2013.

The development of Muara Merang not only from neighboring area through rivers but also because of the activities of HPH, palm plantations, and HTI that evolved this area with migrants from other areas in South Sumatera such as people from Ogan Komering Ilir, Ogan Ilir, Banyu-asin, Musi Banyuasin, Musi Rawas, and Palembang. Even, some of them were from Java, Jambi, Medan, and Bugis.

The History of Pancuran Sub-Village

The people of Pancuran decided to ‘continue and re-build their lives’ into a better living. By recognizing Pan-curan in the area of Production Forest, the people realized the consequence, labeled as the forest explorer by the government. Nevertheless, they argued that Pancuran was part of Muara Merang Village.

They saw that consequence to live in Pancuran was better than in their hometown. At least, the farmers had a better chance to manage the land in Pancuran which they did not have or had been lost in their hometown.

The dependency of the farmers toward the land they managed was still high in Pancuran. As other farmers, they thought that land was the pillar of their life and for a better future because they work to manage the land. It could not be denied since with the strong agricultural background and the limited knowledge and skills that did not allow them to search for another living, they only could live as farmers.

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The courage of the farmers to open the forest area was an objective response from the excluded farmers and the inequality of the allotments of lands and forests from the previous ages, which still continues until now, that had made them marginalized to the forest area.

The study conducted in March 2009 found that some people in Sub-village I of Muara Merang (Bakung), and Sub-village II of Muara Merang (Bina Desa) did not have arable lands, while some other people had 2.5 hectares. Due to the limited lands, they opened the lands in production forest. One of them was in the southern part of Muara Merang, Pancuran. 23

***

Picture 3. Dusun Pancuran

23 Adiosyafri, Deddy Permana, Masrun Zawawi, & Prasetyo Widodo (2009) Laporan Survey Sosial Ekonomi Desa Muara Merang dan Desa Kepayang- Musi Banyuasin, Konsorsium Pengelolaan Sumber-daya Alam Berkelanjutan Sumatera Selatan.

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The number of sub-villages in Muara Merang in-creased. Not only Bakung and Bina Desa but Muara Merang also had Sub-village III (Pancuran) located in the area of Lalan Production Forest. Pancuran located on the north bor-der of the village started to open in the beginning of 1990s.

Pancuran abutted on Muara Medak Village in the north, HTI concession in the west, and the production forest (ex HPH) in the west and east that had not obtained a license.

At first, some people from Bayung Lencir and Se-kayu found forest products such as sap of Jelutung, gaharu, dammar, and so on. Around 1995, the potency of the sap of jelutung and other forest products decreased due to the activities of HPH and illegal logging. Thus, this year, in addi-tion to the old migrants, there were also new migrants who initiated to open a new land to plan rubber trees.

Until 2004, the number of people who opened the land for rubber had reached ± 120 households. As a result, Sub-village III of Muara Merang, Pancuran, was formed in the Lalan Production Forest.

The forest clearance for rubber and palm plantations were rife as the illegal logging occurred in that area. After there was no wood left, the clearing land was transformed into a plantation. The farmers did it in a small scale activity, but it grew larger with the capital from outside.

A huge number of illegal logging and land clearance triggered the growth of the people. Small farmers, who previously worked as the workers of illegal logging and small farmers to meet their daily needs, tried to conduct forest clearance and realize their dream to have their own plantation.

It did not mean that they did not know or care about the production forest, but it just happened as the time went by. There was no forest ranger (forest patrol). If there was

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a patrol, no one was never jailed. Ironically, the existence of big companies of HPH and HTI had created the envy of the people.

“Why can’t we clear the land, while they (the HPH and HTI companies) cut the woods and piles of woods in the big truck pass in front of our eyes, why can’t we?”

Such question might rise on the mind of the people in Pancuran, as the question for justice.

Pancuran was a remote area that was not directly connected to the center of the sub-district or village. The region located on the border of South Sumatera and Jambi was closer to Jambi than to the center of the sub-district or even much farther to the center of the village in Bakung. The center of the sub-district in Bayung Lencir could be reached by motorcycle or car through Jambi in ± 3 hours, and it took ± 6 hours on the road to reach Ba-kung or 3.5 hours through Merang River by speedboat or perahu ketek.

The economic access to the primary needs of the people was supported by pasar Jum’at (a weekly market opening every Friday) in Sungai Gelam Village, Jambi Pro-vince. It was about 15 kilometers, 20 minutes by motor-cycle, from Pancuran.

Pancuran grew with approximately 600 people with-out identity card (KTP) of Pancuran. If some of them had the identity card, the address would be from other places. It grew without any public facilities such as Posyandu (local government clinic for mother and children) and Puskesmas (local government clinic), and even there was no elemen-tary school at the beginning. The government programs like Rice for the Poor (Raskin) and the fuel subvention also could not touch Pancuran.

The small farmers of Pancuran, consciously or un-

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consciously, realized the destruction resulted from the in-justice in the allotment of land governance for farmers and a variety of agrarian conflicts. They responded by taking the steps to rebuild their lives. One of them was by clearing the production forest as in Pancuran. It was a natural res-ponse toward the exclusion where people chose the better consequence. In this case, Pancuran was a better choice than their condition before they arrived in Pancuran.

The Socio-Economic Condition of Pancuran, the Sub-village in Muara Merang

The growth of the people in Muara Merang Village continued to increase. Until 2012, there were 7 sub-villages with 4,801 inhabitants or 1,840 households.24 Similary, in Pancuran, the the number of the inhabitants increased rapidly especially the migrants due to the access through the land. Until 2009, the number of the inhabitants here was ± 200 households or ± 600 inhabitants.25 It was estimated that at the beginning of 2013, the number of the inhabitants reached 415 households or 1,681 people. 26

In general, the livelihoods in Muara Merang, which previously relied on the forest sector, agriculture, and fisheries of the river, gradually turned into plantation workers in line with the rise of plantations in Muara Merang. As for the people of Pancuran which was initially relied on the forest products, woods and non-woods, and was farm laborers shifted into plantation farmers.

In 2010, most people in Pancuran earned 6 – 12 million in a year. Even, the income of around a quarter of

24 BPS Banyuasin, Bayung Lincir in Numbers in 201325 WBH (2009) The Socio-Economic Data of the people of Pancuran in

2009.26 LPHD Muara Merang & WBH, The draft of work design /Yearly Plan

of the village forest in 2014

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the people in Pancuran was under 6 million in a year 27 whereas in 2012, the income of 48 percent of the people in Pancuran was 12 - 24 million in a year.28 The increase of the income was more likely caused by the plantations that had been able to be harvested especially rubber plan-tations. As for the people with low income, they were the ones whose plantation had not been able to be harvested or who worked as farm laborers.

Picture 4. Masyarakat Desa Muara Merang yang sedang membangun pondok.

27 WBH (2010) The Socio-Economic Data of the people of Pancuran in 2010

28 Sigid Widagdo & Yuliusman Zawawi (2012) Laporan Analisis Kemiskinan Partisipatif Masyarakat Dusun III Pancuran, Hutan Desa Muara Merang, WBH.

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Suku Anak Dalam (Anak Dalam Tribe), The Indigenous Peoples of Muara Merang

Suku Anak Dalam (SAD), or commonly called by the local communities as Wong Kubu, is a community of in-digenous peoples. They have a culture named Melangun (moving from one place to another place) by relying on the results of forests and rivers as the source of livelihood. Government and some parties call them as Komunitas Adat Terpencil/ KAT (the Remote Indigenous Communities).

SAD community inhabits several places in Jambi and South Sumatra. One of the areas in South Sumatra which becomes the place of SAD in Banyung Lincir is Musi Banyu-asin District. A variety of Marga that live in Bayung Lincir are known as the name of big SAD communities in that area such as Kubu Lalan, Kubu Bayat, and Kubu Tungkal.

Kubu Lalan is the SAD community who lives in the forest along Lalan and its tributaries like Merang, Kepayang, Medak, and other tributaries. Thus, SAD is said to be the Indigenous Peoples of Muara Merang Village.

Picture 5. Pendampingan Perempuan dan Anak

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The rise of Hak Pengelolaan Hutan / HPH (Forest Management Rights or Forest Concession), Timber Forest (HTI), and Palm Plantation has narrowed the living space of SAD, and their livelihoods are slowly disappearing. A small part of SAD can adapt, but the others choose to go away and look for a new livelihood.

The government had empowered SAD. Houses and 2 hectares of land were provided for SAD that was willing to settle in the village of Bahar River, Bayung Lincir, and Musi Banyuasin which was, then, called as Kampong Sosial (So-cial Kampong). However, this program was not successful enough. SAD in Kampong Sosial still lived by hunting and gathering in forests rivers. Many of them left Kampong So-sial and sought for a place to live in jungles and on rivers.

The narrowness of the place for live of SAD as the result of the massive HPH, HTI, and HGU made them move to the rivers. The small groups of SAD still stayed on the tributaries of Lalan River such as Medak, Badak, Merang, Kepayang, and other tributaries. At least, there were 10 communities of SAD (around 50 households) existed on Medak River until Pejudian area. 29

Most SAD that had ever been found on Lalan River was still merangin (moving). However, the depletion of forests had made SAD merangin along the Lalan River and its tributaries and lived from fishing.

The local people informed that sometimes, SAD tied up their boat in a place and built a simple hut on the side of the river for 4-5 months, and then they moved along the side of the river to find another place with many fish. 30

29 Beni Hernedi & Yuliusman Zawawi, (2014) Laporan Asessment se-Beni Hernedi & Yuliusman Zawawi, (2014) Laporan Asessment se-baran dan Kondisi Sosekbud Komunitas Adat Tertinggal (KAT) di Kab. Musi Banyuasin. WBH

30 Prasetyo Widodo & Henni Martini (2014) Laporan Pendampingan Hutan Desa Merang-Kepayang, WBH.

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The life of SAD which blends with the nature can un-derstand the seasons and the signs of the Nature, so that they know which rivers containing many fish at certain times. One of the signs that there are a lot of fish is the appearance of Gharial called Buaya Senyulong (Tomistoma Schlegelii), or Julung-julung (the name given by SAD and the local community) because of the long snout. Now Buaya Senyulong becomes more difficult to find than SAD itself due to the damaged habitat.

Although living in jungles and rivers, SAD still up-holds the noble values of their ancestors, especially associ-ated with living together in a large family and living side by side with the Nature. For that reason, SAD is also well-known for their high quality of traditional medicine both herbs and traditional rituals.

Besale is one of the traditional rituals of SAD to treat people who are sick due to the interference of spirits. Be-sale is often practiced until now by the communities along Lalan River and its tributaries including Merang, Kepayang, and Muara Medak. It becomes one of the supporting evi-dences that SAD is the Indigenous Peoples of Muara Merang Village and its surrounding areas.

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Chapter IIIThe Territorialization and Control of the

State toward Forest Areas in Muara Merang

Territorialization is an attempt of an individual or groups to form, influence, or control people, phenomena, and rela-tionships by giving limitation and establishing control over a geographic area. (claudia d’andrea, ph.D, 2013, Kopi,

Adat, dan Modal)

The society of Muara Merang, just like other villages in South Sumatra and Jambi, knew ‘pancung alas’ as a system of land tenure. In general, pancung alas was

a system of agricultural and plantation ownership of the society by opening and working on an empty land with the permission from the local leaders 31 in that area.

Pancung alas was a control system of indigenous peoples to lands that belong to Marga. The lands under Pesirah as the leader of Marga could be cultivated by an individual by paying a sum of money called pancung alas. The land of communal property under the control of Marga usually distributed to villages such as residential areas, agriculture areas, and the cultivators as well as what was

31 In the past when there was no village government, the local government was kerio as the head of Kampong and Pesirah as the leader of marga. After the sytem of marga was erased, there are the head of villages and sub-villages or Rukun Tetangga/ RT (smaller than sub-village) who was asked permission to open the land in coordination with higher authori-ties. There were no data showing the border and the size of Marga Lalan that covered the area of Muara Merang at that time. In comparison, Bayung Lincir Sub-district covered Marga Lalan, Marga Bayat, and Marga Tungkal. Now, Banyung Lincir Sub-district has 21 villages and 2 kelurahan.

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called hutan ramuan, where people could take woods and other forest products.

Requests for permission to open the fields were not only from Pesirah but it could also be done to Kerio on a land which management had been distributed to sub-villages. Although the system of Marga had been replaced by the village government in 1980, the people of Muara Merang and other villages in South Sumatera still applied pancung alas system. However, the power of Pesirah in distribu-ting and regulating the control over the land in the area of Marga was underlain by a clear customary law, the book of Simbur Cahaya. On the contrary, the shift from the system of Marga into the governmental system of village and the the fact that Simbur Cahaya was gradually undermined had replaced the control of Pesirah and Kerio with the head of village that distributed and managed the land without any clear regulations. Even, it was done based on the interest of the village elites.

Stage by stage of territorialization was done by the state throughout this archipelago. First, the establishment of such areas as forest areas had a political background (including economy – politics). Second, it was determined through its own political process (and it was not possible through its own political battles). Third, because it was in-fluenced by political interests and determined through the political process, such areas that had been considered as forest areas might not be covered by forest (forested areas) or other woody plants. In other words, a land covered with reeds, farmland, fields, or kampong could be set as part of the forest area. 32

32 Peluso & Vandergees (2001), see in Mia Siscawati (2014) Masyarakat Adat dan Perebutan Penguasaan Hutan, Wacana 33, Jurnal Trans-formasi Sosial, Insist Press.

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The territorialization in Muara Merang could not be separated from the claim of the state adopted from the co-lonial government that all forests belonged to the state and had to be managed by a system controlled by the govern-ment. That claim was marked with the enactment of Law No. 5 of 1967 on Basic Provisions of Forestry, as well as the policy of Tata Guna Hutan Kesepakatan / TGHK (Forested Land Use Agreement) based on Government Regulation (PP) No. 33 of 1970, and formalized in a series on the Re-gulation of the Minister of Agriculture in 1980 and 1981. 33 Thus, Muara Merang was divided into two regions bsed on the funtion: 69 percent for Hutan Produksi / HP (Produc-tion Forest) and 31 percent for Areal Penggunaan Lain / APL (other land use). 34

The Entry of HPH, HGU, and HTI

Along with the agenda of the Soeharto regime that wanted to increase foreign exchange through the exploita-tion of forest resources and after the Law on Foreign In-vestment in 1967 was issued, cooperations and foreign in-vestment became easier and have a legal protection. Then the Indonesian government issued Government Regulation No. 21 of 1970 on Hak Penguasaan Hutan / HPH (forest concessions).

The control of the state over forests opened a chance for the extraction of forest resources in industrial-scale aimed at supporting the production and consumption at the global level. Cooperations and foreign investment had been already opened wide at first with the Law of Foreign Investment in 1967.

33 Based on the map of the function of Muara Merang that this village had other land use (APL) in 31,950 ha and production forest (HP) in 88,210 ha. WBH (2009) .

34 The data from WBH (2014) .

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The concession of HPH with the legal basis of PP No. 21 of 1970 entered into Merang-Kepayang and surrounding villages in 1979. The first concession in Muara Merang and surrounding areas in 1979 was Success Sumatra Timber company (SST) and Bumi Raya Wood Industrial company (BRUI). The two companies had a concession with an area 237,000 hectares and 130,000 hectares. 35

The concession of HPH in Merang-Kepayang 36 ex-pired in 1999-2000. People who had been accustomed to rely on timber forest products continued logging the forest or illegal logging. Illegal logging often happened, and it was worsened by a number of migrants from other places. A large group of loggers and land clearing for plantations which increased made the village government form a policy to divide the land into lots with the permission from the head of the village. This process started in 2002 where the people with the permission from could decide the location of the lot. Next, they should make a license with certain costs. The license from the head of the village anticipated conflicts between communities to seizure the land as the location of loggers, plantation and agricultural land. 37

35 It was documented that some HPH companies had ever obtained a license in Merang-Kepayang. They were Sukses Sumatra Timber company, Bumi Raya Utama Industrial company, Inhutani V com-pany, KurniaMusi Plywood Industrial company, Humpus company, Satya Djaya Raya company, Harimbun company, Sylvadan company, and Wayhitam company. See Aidil Fitri (2009) Hutan Rawa Gambut Merang Kepayang ; Masa Lalu - Masa Kini - Masa Depan, GTZ.

36 The name Merang-Kepayang refered to an area where previously Ke-payang was a sub-village. The village expansion of Muara Merang Village happened in 2006. Sub-village II of Muara Merang turned into Kepayang village.

37 . ..... (2006) Rencana Pengelolaan Kawasan Hutan Rawa Gambut Merang - Kepayang, Kabupaten Musi Banyuasin, Provinsi Sumatera Selatan.

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The Entry HGU, HTI, and Other Concessions

Furthermore, some palm plantation companies such as Mentari Subur Abadi company and Mega Green Together (Indofood Group) company entered the area of Merang-Kepayang in 2000s. There were also some timber forest (HTI), namely Hutani Rimba Mas (Sinarmas Group) com-pany in 2006, 38 and the last was Global Alam Lestari (GAL) company that apply for Izin Usaha Pemanfaatan Penyera-pan dan Penyimpanan Karbon / IUP RAP dan PAN Karbon (business license for Carbon Absorption and Storage) in 21,780 hectares (Ha) in 2013.

The rise of HGU Palm Plantation in Muara Merang restricted the access of the people toward the lands. The remaining APL on the riverbank of Lalan that extended to the border of the village with a width of ± 200 meters from the river to the south of the Muara Merang village. Besides, there were some parts on the riverbank of Merang River that became the people’s plantation and the settlement of Bina Desa Sub-village around 80 hectares, and on the downstream of Buring River approximately 600 ha, there was an area that had not become the HGU of palm company. 39

38 Adiosyafri, Deddy Permana, Masrun Zawawi, & Prasetyo Widodo (2009) Survey Sosial Ekonomi Desa Muara Merang dan Desa Ke-payang- Musi Banyuasin.

39 Adiosyafri, Deddy Permana, Masrun Zawawi, & Prasetyo Widodo (2009) Laporan Survey Sosial Ekonomi Desa Muara Merang dan Desa Kepayang- Musi Banyuasin, WBH.

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Picture 6. Peta Wilayah Desa Muara Merang yang ber-batasan dengan konsesi HTI

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Therefore, it was very rare for local communities to have more than 2 hectares of land for public plantation, and even many of them did not have land to manage. The limited land that could be utilized by the community in the APL area resulted in many local communities to develop agriculture and plantations by opening the area of the pro-duction forest around the village.

The Territorialization in Pancuran

Pancuran Sub-village was Sub-village III of Muara Merang Village located in the production village. The existence of Pancuran could not be separated from the limited access narrowing to land for the community and the surrounding villages of Muara Merang. It happened not only to Pancuran but also to the villages surrounding Muara Merang such as Muara Medak and Kepayang which territory was in the production forest.

The process of opening the farm lands and planta-tions in Pancuran Sub-village was done only through the reporting mechanism to the local elite. However, the status of the lands which had been opened by the people for the public plantations in Pancuaran were all in the area of pro-duction forest. Hence, there was no recognition from the authorities for the ownership and the management.

Gradually, Pancuran grew. Three Rukun Tetangga/ RT (smaller than sub-village) were formed as part of the administrative region of sub-village III in Muara Merang Village. The administrative territorial division of Pancuran also reinforced the ‘authority’ of the region. Three RT in the village administartion were transformed into a 3 blocks in the divison of the area.

The new migrants had to report, and asked permis-sion to stay, build houses, and work on the land. The families

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and the relatives of ‘the leader of the block’ or even people who did not have any relations came. “It is imposible for us to dare to settle without Assalammualaikum,” said the migrants. In the same way, the illegal loggers had to ask ‘the leader of the block’ where they would conduct illegal logging activities.

The leader of the block set, gave, and restricted the access to the lands in Pancuran without any written rules. Often, it was merely transactional agreement. The courage of the leader was not without reasons. The experience in buying and selling the lands of the production forest was strongly indicated that it involved the government officials. The involvement of the officers became ‘kartu mati’ (sig-nificant key) and the key for the courage of the leader to continue the illegal practice.

Picture 7. Hutan akibat Ilegal Logging

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Picture 8. Kayu Gelondongan Ilegal Logging

Picture 9. Kayu yang sudah Di potong

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Picture 10. Pengangkutan Kayu menggunakan mobil truk

Such pattern of management made Pancuran not only just as a place for small farmers that ‘continued and rebuilt their lives’, in this case farmers who lived by working on the lands, but also as a target place for people with capital who wanted to expand the area they managed. The local investors came from various places in South Sumatra and Jambi, even from North Sumatra.

The existence of the leaders and the village elites became a guarantee that their capital would be safe to be invested in the area of production forest. Those who relied on the capital did not settled in Pancuran. It was just the capital that drove the local peasant laborers to open the land of production forest which was, then, planted with palm or rubber.

The regulation by the leader of the block who was the villlage elit was was influenced by the system of Marga with the power to provide permission for land clearing of Marga from Pesirah or Kerio at the sub-district level. How-

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ever, the power of Pesirah to distribute and regulate the authority over the lands in the area of Marga was underlain by a clear customary law, which was the book of Simbur Cahaya with a strong communal spirit.

On the other hand, the shift from the system of Marga into the governmental system of village and that Simbur Cahaya was gradually undermined had replaced the authority of Pesirah and Kerio with the head of village that distributed and managed the land without any clear regulations. Even, it was done based on the interest of the village elites with strong transactional prerequisites. As a result, the horizontal conflicts frequently occurred until the village elites restricted by force against the lands of the small farmers.

That condition was the fact that the case not only happened in Muara Merang and Pancuran. The fact was that every day, rural people faced the force of market that press them. The oppression always hoped for freedom. When freedom came in the form of land tenure, the condi-tion desired was is nothing but make maximum benefit for themselves, something that was not too easy to realize if tied communally. Land rights struggle of farmers in several places in Java, for example, has provided an overview of the tendency. 40

40 Mia Siscawati (2014) Masyarakat Adat dan Perebutan Penguasaan Hutan, Wacana 33, Insist Press.

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49

Chapter IVThe History, Process, and Dynamics of HD

in Pancoran Sub-village

Starting from the searching for the sap of jelutung and other forest products and also illegal logging which left open land, Lalan production forest had also been

inhabited and cultivated with crops. Those who searched for living had chosen Pancuran to continue their lives. Most of them looked like “the ones excluded” from their hometown.

It happened because the area of Muara Merang con-sisted of ± 69 percent of production forests, left ± 31 per-cent for other allocation Use (APL) in which ± 74 percent of the APL had become plantations. Thus, only 26 percent was left for the people including housing and riverbank, or 8 percent of the total area of the Muara Merang Village, 121, 460 hectares.

Likewise, looking at the condition of Pancuran at that time, it was not a good choice to settle if it was not because of a compulsion and a great hope for the future. Based on the experience in life or maybe because of the nature as the agrarian society, they speculated in forest areas.

Community-based forest management plan in Muara Merang Village in the location of production forests inhabited

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by society, has existed since 2006. The plan for the manage-ment of Peat – Swamp Forest area, Merang- Kepayang, Musi Banyuasin District, South Sumatra Province was formed by the officials of Banyuasin. It included one point of the community empowerment by applying the concept of community-based forest management in the areas of the production forest which were occupied by the people such as in Muara Merang, Kepayang, and Muara Medak.41

The people who occupied Lalan production forest more or less had understood the functions of the forest area defined by the government. Labeled as squatters by the law of forestry had shaken their guts to build a life in Pancuran. Besides, there would be the expansion of timber forest (HTI) of Hutani Rimba Mas company which was done very soon. It worried the people of Pancuran.

Life must go on. Hope came in the form of new rule on the PHBM. ‘New Thing’ named the Regulation of the Minister of Forestry No. P.49 / Menhut-II / 2008 on Forest Village issued September 2008 began to be socialized in Muara Merang.

Wahana Bumi Hijau (WBH), an agency of Non-Govern-mental Organizations, which had long been involved in the formulation of the plan on the management of Merang – Kepayang Peat – Swamp Forest and and also some other community development activities in Muara Merang also socialized the PHBM policy and assisted the process of pro-posing Forest Village.

The officials Muara Merang Village welcomed the idea of Pancuran as Village Forest. The proposal on the Village 41 Dokumen Rencana Pengelolaan Kawasan Hutan Rawa Gambut

Merang - Kepayang, Kabupaten Musi Banyuasin, Provinsi Suma-tera Selatan, formed by the government of Musi Banyuasin District invol-ving other elements. Wahana Bumi Hijua (WBH) was involved as the element of Lembaga Swadaya Masyarakat (self – reliance in-stitution).

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Forest of Muara Merang was submitted to the Regent of Banyuasin by the officials of Muara Merang on February 27, 2009.

In the process of proposing HD of Muara Merang, the coordination was carried out with related parties in the District Government of Musi Banyuasin and South Sumatra Province. However, the scheme of Village Forest which was based on the Regulation of the Minister of Forestry No. P.49 in 2008 and enacted in September 2008 was a “new thing”, even for the government at the district level of Musi Banyu-asin and South Sumatra Province when the it was proposed to the Regent of Musi Banyuasin in February 2009.

Most of the local government assumed that facili-tating the proposal of Village Forest in Pancuran inhabited by the people who had open a plantation was the same with facilitating squatters.

It seemed that the district and province still thought that it was like the business proposal in the forest area. The question on the Village Forest which did not contribute to the regional revenue arose in the licensing application process from the local government. It was found not only in South Sumatra but also in some other areas such as Jambi and other places. Hence, the role of local government that was responsible to facilitate the licensing process and to strengthen Lembaga Pengelola Hutan Desa (The Institute of Village Forest Management) was certainly not going well, and the function of ‘public servant’ in terms of CBFM scheme was minimal.

Similarly, the socialization process in the society conducted by WBH and the coordination in the process of proposing the Village Forest of Muara Merang were initially performed in a very limited scope, at district and provincial levels.

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It was realized that, in the same area, the proposal for the extension of Timber Forest Concession by RHM company was had been piled up in the Ministry of Forestry. The giant of HTI, Sinar Mas Group located in the Southern Pancuran had built roads across Pancuran, and the activities of transporting timber and heavy equipment had passed Pancuran. The fear of the displacement had long been a nuisance that haunted the nap of the people in Pancuran.

Finally, the moment which was relieving came. The Regent of Musi Banyuasin issued a letter of recommenda-tion on the Village Forest of Muara Merang in 5,000 ha with SK. No. 52212/1452 / DFS / 2009 dated on May 18, 2009.

The recommendation from the Regent of Musi Banyuasin on the Village Forest of Muara Merang was posted to the Ministry of Forestry. The hope of the people in Pancuran grew bigger with the recommendation of the Regent although the shape of the Village Forest was still vague. Only what was written in the Village Forest Regula-tion was explicable. There was Village Forest in Indonesia.

The picture of the Village Forest of Muara Merang was increasingly apparent when the verification team of the Ministry of Forestry came to Pancuran on November 21, 2009. It was satisfying that the Village Forest of Muara Merang was recommended into 5,800 hectares.

The Institute of the Village Forest Management (LPHD) of Muara Merang began to conduct self improve-ment by performing the training to strengthen the institu-tion with WBH. The coordination with the Forestry Office of Musi Banyuasin District and South Sumatra Province was done more intensely. Likewise, the communication with the Ministry of Forestry was strongly organized with the partner of WBH at the national level.

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Picture 11. Pelatihan Penguatan Kelembagaan

Related local government also seemed to improve itself by building the capacity in connection to the PHBM scheme. Just as the recognition of one local official involved in the verification of Penetapan Areal Kerja / PAK (The De-termination for the Working Area) of HD in Muara Merang, related to the understanding and the capacity of local govern-ment, in an interview;

“Usually, it needs one year for the central policy to be well socialized to the local level. Thus, it will need a long time until the implementation stage because it is associated with time to prepare the budget”.

The Decree on the Pencadangan Areal Kerja / PAK (The Determination for the working area) of the Village Forest of Muara Merang was issued on January 21, 2010. The Minister of Forestry issued this decree with No. 54 of 2010 with an area of 7,250 hectares. The submission of the decree was conducted at the Presidential Palace by Indone-

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sian Vice President, Boediono. The euphoria of our success belonged to us: the people of Pancuran, the government of Muara Merang, the district government of Musi Banyuasin, the government of South Sumatra Province, and of course, the assisting agency of the Village Forest of Muara Merang and Wahana Bumi Hijau.

The PAK from the Ministry of Forestry which was pleasing and made us proud was just the beginning of the PHBM scheme. Several studies were conducted by WBH together with the LPHD of Muara Merang associated with socio-economic and ecological conditions as well as the constraints and potentials in the Village Forest of Muara Merang. It was conducted in order to prepare Rencana Kelola Hutan Desa / RKHD (Village Forest Management Plan) of Muara Merang which would be one of the prerequisites to continue the licensing process of Hak Pengelolaan Hutan Desa / HPHD (The Rights of the Village Forest Manage-ment) of Muara Merang to be submitted to the Governor of South Sumatra.

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Picture 12. Lampiran SK Pencadangan Areal Kerja Peta Areal Hutan Desa Muara Merang

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Picture 13. Penyerahan SK Hutan Desa Muara Merang pun dilakukan di Istana Negara oleh Wakil Presiden RI Boediono

Picture 13. Para Pemangku Kepentingan dalam acara pe-nyerahan SK Hutan Desa Merang

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The Formulation of the RKHD of Muara Merang

The Village Forest of Muara Merang was one of the first village forests in the production forest area. The addition to the PAK covering 7,250 hectares from the former proposal of 5,000 hectares was because the area was a deep peat – swamp forest.

Indeed, the area of HD in Muara Merang is part of the sub-DAS (sub-watershed) of Merang in which there are at least seven tributaries that flow into this sub-DAS of Merang. This condition makes it as a major hydrological source of Merang River that goes into the watershed of Lalan.

The type of soil in HD Muara Merang in general, namely; organic soil (peat) that range ± 4,500 ha (60%) and plain soil (sandy clay, Gleis) that ranged ± 2,750 ha (40%). The organic soil (peat) was part of the peat dome land unit (SPT 1) which is formed from the accumulation of the main materials from plants / vegetation where the de-composition process of the organic materials goes slower, so that it forms a dome of peat (peat dome). 42

The HD of Muara Merang was divided into two zones namely the utilization zone of 3,300 hectares and the reserve zone f 3,950 hectares. This zoning division was in accordance with the conditions of the region at that time. Of the total area of the HD of Muara Merang which was 7,250 hectares, the productive forest area was 57.66 percent, the underbrush area was 18.55 percent, the mix rubber plantation area was 14.7 percent, and the palm area was 9.09 percent. 43

42 Study and Survey on the Characteristic HRGMK (WBH, 2009)43 The analysis of the map from the imagery of Landsat in 2009 and

the result of the study on the potency of the coverage and the utili-zation of the working area of HD in Muara Merang (WBH, 2010)

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Picture 14. Studi Gambut di Muara Merang Warga ber-sama Tim.

It was not as easy as imagined, the formulation of the RKHD became “new thing” for the LPHD of Muara Merang and WBH. The coordination with the relevant local govern-ment did not obtained a good result. Although at that time, it was just the format of the RKHD and the guide for the formulation of the RKHD that we were looking for, it was also a “new thing” for the local governments. Even, WBH obtained a lot of reference from the National NGO partners.

The HPHD of Muara Merang

The submission of the Rights of the Village Forest Management (HPHD) was included in the planning of the next assistance for the Village Forest of Muara Merang in addition to the institutional development and capacity building of the LPHD of Muara Merang.

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Provided by the RKHD of Muara Merang, which was still rough, the proposal of the License for the Rights of the Village Forest Management (HPHD) Muara Merang was submitted to the Governor of South Sumatra in April 2010 by the LPHD of Muara Merang.

Responding to the request of HPHD from the LPHD of Muara Merang, South Sumatra Governor issued Decree No: 829 / KPTS / IV / 2010 on the Granting of the HPHD to the LPHD covering 7,250 ha dated on November 26, 2010.

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Picture 15. Peta jenis tanah dan kelas lereng di areal kerja Hutan Desa Muara Merang

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Picture 16. Peta Tutupan dan Pemanfaatan Lahan di Areal Kerja Hutan Desa

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Picture 17. Peta Penataan Areal Kerja Hutan Desa

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The License of the PHBM Relied on ‘the Goddess of Fortune’

It seemed that the nature supported the proposal of the HD of Muara Merang or the Goddess of Fortune came to Pancuran. The process of PAK was quite faster than the other processes.

The submission of SK PAK HD of Muara Merang on January 21, 2010 was in the last minutes of 100 day per-formance of Kabinet Indonesia Bersatu II (the name of the second term cabinet in the Susilo Bambang Yudhoyono era). PHBM or social forestry became one of the forestry revitalization agenda in which the achievement, of course, should be measured in the last minutes of 100-day perfor-mance of the cabinet. Perhaps, it was the factor that caused the Goddess of Fortune came to Pancuran.

Not only once that the Goddess of Fortune came to Pancuran. The planning for planting 1 billion trees in Ja-tiluhur in November 2010 was an important moment for the submission of the HPHD of Muara Merang to the Regent of Banyuasin and the LPHD of Muara Merang. In addition to the submission of the HPHD, the Minister of Forestry, Zulkifli Hasan, also handed to the Determination for the Working Area to Bantaeng, a Regent, and the license of Hutan Kemasyarakatan / HK (the social forest) was sub-mitted to Ngada Marianus, a Regent, and Lambertus Dewa, a farmer.

The permission process of the Village Forest of Muara Merang was quite faster than other places in South Sumatera. It seemed that it was important to look at the other village forest proposals such as the Village Forest of Kepayang and Muara Medak in Musi Banyuasin District, South Sumatera which was also assisted by WBH, but they also needed a very long time in waiting for the confirma-

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tion of PAK from the Minister of Forestry.The proposal from the people and the letter from the

Head of the Office of Forestry in Musi Banyuasin District on the technical consideration of the Village Forests of Kepayang and Muara Medak was from January 2010, and the letter of recommendation from Banyuasin Regent was dated January 25, 2010. Furthermore, both proposals of the Village Forest were already verified on March 17 to 20, 2010 with the recommendation of 6,000 hectares for the Village Forest of Kepayang and 10,900 ha for the Village Forest of Muara Medak.

After more than three years, the Ministry of Forestry finally issued the Decree on PAK of the Village Forest of Ke-payang with SK Number: SK.54 / Menhut-II / 2013 dated on August 23, 2013 with the area of 5.170 ha. However, the proposal of the Village Forest of Muara Medak had not re-ceived the PAK from the Minister of Forestry, and there was no partial or complete rejection toward the proposal (until this report was written).

The other HD proposals in South Sumatera were ini-tiated by BP DAS Musi, and the District Office of Forestry experienced uncertainty on the PAK from the Ministry of Forestry. Similar with 5 proposals of the HD recommended by the Regent of Muara Enim in October 2011 which had not achieved the PAK until around 2.5 years, the proposal of HKm from Lahat District also experienced the same con-dition.

The licensing process which was long and convoluted also occurs in most proposals of the PHBM in Indonesia. It was not in accordance with Perdirjen No. 10/2010 for HKm and Perdirjen No. 11 / Th. 2010 for Village Forest which states that the permission of PAK only takes 60 days for HD and HKm.

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The uncertainty was not only related with the long process of PAK. The people proposing PAK also often asked; Does the proposal face the obstacle? If so, what is it? Or is it rejected? Moreover, if it was asked to the relevant govern-ment, they did not have a clear answer. The subtitle of this report, The License of the PHBM Relied on ‘the Goddess of Fortune’, was also not the answer.

As written in the previous chapter, the process of ter-ritorialization by the state to determine the “forest area”, in this case, including the Village Forest, was a “political forest”. It was because the determination of the forest area employed political background and process including po-litical economy and even a political competition. 44

The view that “state forest” was a “political forest” in the previous chapter can give a little illustration on the chaotic licensing process of the PHBM in political nuances, in not only practical politics but also socio-economic poli-tics. However, the unclear licensing process of the PHBM absolutely becomes the correction for the Ministry of Forestry for its mal-administration performance which is difficult to forgive. 45

44 Peluso & Vandergees (2001), see in Mia Siscawati (2014) Masyarakat Adat dan Perebutan Penguasaan Hutan, Wacana 33, Jurnal Trans-formasi Sosial, Insist Press.

45 Until this book was written, Wahana Bumi Hijau (WBH) had been involved in several activities such as workshop and research in-tended to correct the policy on the licensing process of the Village Forest which was complicated. There was also the Ministry of Forestry in the revision process of the policy on the licensing process of the Village Forest and its management of working relationship, so that the implementation of PAK could be done in 60 days according to the Perdirjen No. 10/2010 for HKM and Perdirjen No. 11/ 2010.

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67

Chapter VPancuran after the Determination of the

Village Forest

The main struggle of a social movement group is changing the categorization of a group they fight for from the statuses that have discriminated them into a new status. Campaigns

and policy advocacy from social movement groups will enter a new phase when the government agencies change

the categorization of a group of people they fight for. (Noer Fauzi Rachman, 2014)

The location of Sub-village III of Muara Merang Village in the area of production forest certainly caused its own problems to the development and the recogni-

tion of population.It worsened the poverty and underdevelopment

there. Moreover, the existence of the HTI companies that had proposed a permission for the extension until Sub-village III, Pancuran, had made the people afraid that they would be evicted from that area.

With the determination of the working area (PAK) of the Village Forest of Muara Merang, certainly it gave gives the legality of the existence of Sub-village III, Pancuran, where most people there were farmers and farm laborers. The fear to be evicted from that area transformed into hope. Starting from the legality, the hope for the improve-ment of socio-economic conditions was strengthened.

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Picture 18. Batas Hutan Desa Muara Merang

Communities could make Family Card and Identity Card with the address of Sub-village III, Pancuran. The citi-zens who were negated, as the squatters because of various pressures, so that they stayed in the forest area, were recognized again as the citizens.

Government programs began to enter this area, from Raskin (Rice for the poor) until the seedlings of the forest trees were given to the public. The HTI companies around the village began to implement its Corporate Social Respon-sibility (CSR). In the Village Forest of Muara Merang, the people could also legalize elementary schools and health care services such as Puskesdesa (governmental health care) and Posyandu (governmental health care for mothers and children).

The Forest Management of Muara Merang had eco-nomic opportunities which in the process of the implemen-tation, it was divided into divided short term and long term programs. The economic opportunities could be used by the

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community without any fear due to the legalization of the access over the land. The business opportunities that could be developed was the development of rubber plants and palawija (crops planted in dry land) in between the rubber plants such as corn and rice and also some vegetables.

The utilization of non-timber forest products and the development of palawija were commonly done by the people. However, the products were only to support and to meet the household needs of the people. In the future, the development of palawija was directed to be able to meet the needs of the market with a variety of commodity productions.

As for the long-term program, the community would develop a mixed rubber plants, jelutung, gaharu, and Jabon. For the people, this commodity was a chance with high eco-nomic value and could be developed in line with the rule on the species of plants plant allowed. The people also had acquired various experiences toward the development of the plants.

In addition to the utilization of the production area which was still in the structuring process, the utilization of the Environmental Services had not been done. The utili-zation and harvesting of timber and non-timber had not been able to conduct by the LPHD because of the IUPHHK which was not provided.

Rencana Kerja Tahunan / RKT (The Annual Work Plan) of the HD of Muara Merang was not fully implemented. The new RKT that had to be formulated each year became an important evaluation in the implementation of the forest management Muara Merang.

Not only socio-economic but the benefits and environ-mental impacts of the Village Forest of Muara Merang should also be noted, as the mandate of the legislation of PHBM that harmonized social, economic, and ecological benefits.

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The Production Forests in Musi Banyuasin had faced the problem of illegal logging for a long time. Similarly, in the working area of the Village Forest of Muara Merang before the submission of the Village Forest, the illegal logging and the threat of had occurred there. As for the other activities that were considered disturbing the eco-logy, they were hunting of wildlife and the pressure on the land claims by the outsiders that were the ‘twin brother’ of illegal logging.

Gambar 19. Pembibitan Karet untuk di tanam

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Although such pressure / environmental interference still occurred after the determination of the working area of the Village Forest of Muara Merang, the serious efforts had been made by the LPHD of Muara Merang with WBH. The efforts included forming a team of firefighters to anticipate forest fire, forming Security Task Force of the HD reduce the rate of illegal logging, and coordinating and making reports to the authorities as the follow up the case of illegal logging. There was also an effort to build the environmental awareness of the society.

Alternative economic development was carried out with the synergy of the environmental benefits gained as well as domestic economic development oriented to en-vironment and the development of forest tree cultivation which absolutely improved the environment especially in the protection zone of the HD of Muara Merang.

With environmental benefits that could be gained from the HD of Muara Merang, it would also save the peat – swamp forests in South Sumatera. Based on the studies and surveys on the characteristics of HRGMK (WBH, 2009), in the area of the village forest, there was organic soil (peat) that ranged to ± 4.500 ha (60%) of the HD area of Muara Merang with a depth of 0.5 to 4.5 meters. On the distribu-tion of organic soil (peat), it is part of the peat dome land units (SPT 1) which is formed from the accumulation of the main materials from plants / vegetation where the de-composition process of the organic materials goes slower, so that it forms a dome of peat (peat dome).

It was not as good as expected and was not like what was stated on the paper.46 The forest degradation in Musi 46 The opposite of the state-based forest management paradigm is

community based forest management(CBFM) or People-Based Forest Management (PHBM). Nowadays, there are a lot of experts on Forestry, especially social forestry, who believe that CBFM/ PHBM that have developed for thousand years – far before the forest

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Banyuasin still occured. The District Government of Musi Banyuasin stated that about 50 percent of the 719.976 hectares of the forest area in Musi Banyuasin was damaged. Similarly, the Village Forest of Muar Merang which covered 7,250 hectares continued to be degraded.

Based on the Landsat imagery map of 2002, the high density of the forest coverage area was 62 percent and the low density was 27 percent. The rest were underbrush, plantation, and open land. On the other hand, in 2009, the high density decreased to 36 percent, and 24 percent for the low density. As for the underbrush which in 2002, was only 2 percent, it increased to 20 percent in 2009. This situation was getting worse in 2013. (equipped with the graph of degradation and land coverage map.)

The results of the investigation from the WBH (2014) showed that illegal logging still occurred in the Village Forest of Muara Merang and its surrounding area including in the Production Forest of Lalan. Actually, since the Decree on the Determination of the Working Area of the Village Forest in Muara Merang in 2010, the efforts to fight against illegal logging has been done. The forest Management Institute of Muara Merang also had formed a Task Force for the Village Forest. The level of the participation from the society to keep the area increased. Some persuasive ef-forts were done until the next data collection which, then, would be coordinated with the authorities.

management was conducted by the state or corporations given the authority by the state – is a model of forest management that gives more assurance toward the sustainability of forest and the welfare of the society. For that reason, the paradigm that continues to evolve no longer puts CBFM/PHBM as the alternative paradigm but as the paradigm that should be employed in forest management. In Dianto Bachriadi and Anton Lucas (2002) Hutan Milik Siapa ?, Upaya-upaya Mewujudkan Forestry Land Reform di Kabupaten Wonosobo, Jawa Tengah. Berebut Tanah, Insist Press.

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The formation of the Task Force for the security of the Village Forest expected to be coordinated with the local authorities had not led to the expected security system. Illegal logging still occurred in the working area of the Village Forest and the surrounding Production Forest.

Gambar 20. warga bersama satgas pengamanan HD mera-zia aktifitas ilegal logging

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However, the existence of PAK for the HD of Muara Merang became one dynamics in the effort to protect the working area of that HD and its surrounding. WBH together with the LPHD, relevant government, police, and companies around the HD of Muara Merang strived for the draft of the integrated forest security.

After determination of the PAK for the HD of Muara Merang, the plan for the HD management was conducted on the cultivation zone and protection zone. The aid in the form of seedlings was provided by the government in order to support the efforts for planting activities in the area of the protection zone of the HD in Muara Merang. The com-munities in the HD of Muara Merang were also involved in various activities such as counseling activities on forestry, agriculture, and livestock.

In terms of the access to natural resources, in this case the rights of the people to manage, after the PAK, the people were no longer worried about their status as squat-ters and about the expansion of the HTI companies. The conflict shifted to the horizontal conflict where the people who now realized on their rights which had been limited by the local authorities began to unite in order to fight for their need towards the rights to manage. Several groups of small farmers began to open a land with the limit of 2 hectares per household. It became an important concern because the purpose of the Village Forest was to give man-agement access to the people, especially small farmers whose livelihood depended on the land they managed. With the PAK of the Village Forest, it was also expected that this pro-gram could gradually reduce the old system of land tenure as written in the previous chapter about the existence of the authority of block who excluded small farmers. It could be done with the awareness and participation of the commu-nity of Pancuran as the main basis.

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Several groups of small farmers that strived for the land they managed noted; Later, the LPHD of Muara Merang could just arrange this case since if the old system of land tenure with the transactional process of the land between the local authorities and the outside capital was allowed, the farmers of Pancuran would not obtain the maximum benefit of the HD of Muara Merang. Thus, it would made the implementation away from the purpose and meaning of the Village Forest itself.

LPHD Muara Merang himself busy with post-PAK subsequent licensing process, addressing the territoriali-sation pattern is embedded in the shower before Village Forest there, to perform its obligations, and implement an annual work plan of village forest, while opening the insti-tutional economic development opportunities.

The LPHD of Muara Merang itself was busy with the next licensing process after the PAK, reacting the pattern of territorialization that existed in Pancuran before the presence of the Village Forest, performing its responsibi-lity, and applying the annual work plan of the Village Forest while opening the institutional economic opportunities.

The existence of the LPHD of Muara Merang after the PAK definitely interfered the local authorities, especially as-sociated with the authority to determine the working area. After the development of the PAK of the Village Forest of Muara Merang was done, a local forest authority responded well. He handed the data of the inventories, the land he controlled with his extended family and some migrants who had governed the area of the village forest through him. He also said he would not govern the lands and or give a permission for the migrants who would like to govern the land in the area of the Village Forest. The response from the local forest owner after the PAK of the HD of Muara Merang was a positive thing. In the same way, a migrant

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who owned more or less 100 hectares of the land in the working area of the Village Forest before the HD was willing to give some of his land to a group of small farmers with a variety of considerations.

Other local forest authorities gave negative response toward the existence of the PAK of the HD by defending and even strengthening the power toward the PAK of the HD of Muara Merang and its surrounding areas. The close relations between the local elites and the local forest au-thorities had resulted in the direct election for the head of the sub-village, the discourse on the expansion of Rukun Tetangga / RT (a unit which is smaller than RW and sub-village), and the appointment of the leader of Rukun Warga / RW in the same location.

The number of local authorities that was begun with the access toward land tenure definitely did not have any im-pacts on the improvement of the public services. Some com-munities tried together to meet the need for ID cards and family card (KK) and to conduct other activities that should become the responsibility of local government officials.

The struggle on the state forest category ‘non-people as managers’ which could, then, be managed by the com-munity through the scheme of village forest (HD) was not a simple matter. Similarly, it was also not a simple matter to struggle for the shift from the category of state forest into indigenous forest, even after the Decision of MK (Constitu-tional Court) No. 35.

It could not be denied that the birth of the policy on the People-Based Forest Management (PHM) came from the reality of forest tenure by the state which was discrimina-tive. It was the answer for the hope of justice toward the land tenure for the people. The policy of the PHBM was born from that struggle and was still in the internal and external improvement.

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Chapter VIWomen in the Village Forest of Muara

Merang

“We want to speak out, but why are we excluded …?”

The Village Forest of Muara Merang, geographically, is located in the outer region of South Sumatra since to reach this region must go through the province of

Jambi first. The Village Forest of Muara Merang is not located in the center of Muara Merang, Bakung Sub-village, but in Pancuran Sub-village. Pancuran did not necessarily grow and thrive since a long time ago as in Bakung, but it had just inhabited since 2000 by some households. It led to the condition in which this region does not have native peoples. Until now, there are three ethnic groups in this region, namely Palembang, Java, and Batak.

Those who came to this region were the ones who saw that the land could be cultivated to support their needs. They flocked from various areas and stayed here. The men brought their families. Their wives moved to the place they had not known before as a form of obedience to their husband.

Most women around the Village Forest of Muara Merang had the activities as the housewives in general such as cooking, taking care of children, doing household chores, and some other things related to the activities

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in the household. In addition, some women around the Village Forest tried to help improving the economic condi-tion of the family. Those whose husband worked as a rubber farmer went to the plantation to obtain sap everyday from morning to afternoon. After that, they would do their activi-ties as housewives.

Most of those women were unaware about the prepa-ration, licensing process, the implementation, and the ma-nagement of the Village Forest. They only knew about the location of the Village Forest. Throughout the preparation until the management of the Village Forest, women were ex-cluded. They only served as coffee makers and caterers in the meeting. According to one of the administrators of the LPHD, women were rarely involved in meetings because women were considered as obedient people who tended to follow what their husband said. When her husband had said A, she would obey her husband.

Village Forest became a new term that they heard at a glance when their husband were in discussions. There was a curiosity about what the Village Forest is. The opportu-nity to ask when their husband came home from a meeting on the Village Forest was considered ineffective since they were afraid that their husband would become emotional because of the questions. They had ever asked husband, and the husband said, “Come on, you do not understand.” There was no attempt to explain from their husband, and women were also reluctant to ask more questions, so that the curiosity on the Village Forest was forgotten.

When the women were asked why did not want to participate in the meetings, they said that they felt inferior for not having a good education diploma. Besides, they also illustrated that they had social jealousy toward some other women in their sub-village who had a high school diploma, who was selected by the community leaders to attend

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meetings. “How can we grow while we have never invited to the meetings because our education is low. They [the com-munity leaders] always choose the nearest people with high education [high school] to go to the meetings”, said one of the women in this sub- village.

*****

In one gathering, woman groups in the Village Forest of Muara Merang were asked to map the area of Sub-village III, Pancuran. They drew sketches of the sub-village on a flipchart and put buildings and infrastructure in their sub-village in a group discussion. They put the location of roads, houses, mosques, other infrastructures, and the location of the plantations surrounding the Sub-village III, Pancuran, precisely.

They used colored paper to distinguish between a rubber plantation [green] and palm plantation [yellow]. In addition to those kinds of paper, there was the pink paper to mark the location of where they [women] had activities. With no hesitation, they put the pink paper in the planta-tion areas on the green paper, and in the swamps in their sub-village.

Picture 21. Pendampingan anak

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The members of the woman group does not all par-ticipate in managing the forest [garden] with her husband. Each of them had different activity. The data are shown in the following table:

No. Name Business Working in the Plantation

1. Turyati Food Stall Yes2. Sari Etika Selling Chips No3. Ida Food Stall No4. Sarmini Selling Phone Credit/

TeacherNo

5. Lestari Selling Chips No6. Siti

RobiyatunSelling Gasoline Yes

7. Sri Selling Clothes Yes8. Aidah Yadi Selling Tempe No

[The Notes from the Assistance Juni 2013]

The business conducted by the women to give eco-nomic support to their family is done after they came home from the plantations. However, not all women work in the plantations [cultivating land]. Of the 8 members of the group, only 3 people who work in the plantation with her husband, and of the 3 people, only 2 people who own a land to manage, while the other one is a farm laborer in the land owned by someone else. The other five people do not work in the plantation because they have their activities from morning.

Here is the daily schedule of a woman who was inter-viewed about the time management when she has to con-duct the household chores, work in the plantation, and sell her products in the stall.

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Time Activities

03.30 Getting up03.30 - 06.00 Cooking, cleaning the house, praying, waking

her husband and children up, and taking a bath 06.00 - 06.30 Having breakfast

06.30 Going to the field and riding her children to the school

06.30 - 10.30 In the field10.30 - 11.00 Taking a bath, Washing clothes11.00 - 21.00 Opening the stall and having a rest15.00 - 19.00 Cooking for dinner, cleaning the house, taking

a bath, praying, having dinner19.00 - 21.00 Accompanying the children studying, folding

clothes, watching TV, closing the stall21.00 Sleeping

This routine is done every day by Mrs. Turyati. She has spare time when she does not have to go to the field because of the rain and does not weigh the products from the rubber plantation. With such tight schedule, if she is not in a good condition, her husband will replace her to do the activities as cooking, cleaning the house, and washing clothes.

*****

Women who have access to the land in managing rubber plantations have both similarities and differences in the division of tasks with men [their husband]. Of all the process to manage rubber plantations, most of them in-volve women. The following table shows rubber plantation management activities.

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No. Activities ActorsMen Women

1. Finding the seedlings of natural rubber trees

√

2. Clearing the land that will be cultivated

√ √

3. Planting in the plantation- Making the stake of the planta-

tion

√√

√

4. Cutting the rubber trees [after growing for + 5 - 7 years]

√ √

5. Collecting the sap √ √6. Weighing to the employer [the

buyers]√ √

Among some rubber plantation management activi-ties, there are only two activities that do not involve women, looking for the natural rubber seedlings in the forest and making the stake of the plantation. Women are not invited to these 2 events because men consider that these 2 activi-ties are the most difficult activities among others, so they are only done by men. While waiting for the rubber trees to grow in 5-7 years, women and men earn a living by being laborers. After that, they manage their own plantation.

***

Here is a piece of the story and understanding of Village Forest told by some women in the area of Pancuran Sub-village. It is expected that they can tell what they un-derstand about Village Forest through their point of view. They shared their life experiences through storytelling to the author, and the method is called as tutur perempuan (women’s stories). This method contains the process of exploring, hearing, recording, and narrating the stories of

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the women associated with the big stories of certain events. The stories told is highly influenced by personal experience and social background of each speaker. This method also allows the women and other marginalized groups that be-come the subject of study to have their own space in the studies (Siscawati, 2014).

It is Mrs. Turyati, a Javanese woman born in 1973, the fourth child of 8 siblings who spent his childhood in South Lampung. She claimed to be born from a poor family who had income from working in the fields. Young Turyati had poor health that caused her to enter the elementary school at the age of nine. She graduated from elementary school at the age of ± 17 years which was longer than usual because usually it only need 6 years for elementary education. This condition was due to the health condition of Turyati who was often sick, so that she could not follow the lessons well and made her stayed in the same grade.

After graduating from elementary school, she decided not to continue to Junior High School because she had no money. She worked as a laborer in a tile company near where she lived at the time. She worked for 3 years and found her mate there. In 1992, he finally married at the age of 20 years. Not long after the marriage, she eventually de-cided to stop working as a laborer in that company. In her marriage, she has 2 children, male and female.

The daily activity of Turyati at that time was ma-naging the vegetable garden owned by her husband. She also worked as a laborer in a palm company there for 3 years. However, again, her husband asked her to stop and focus on their own vegetable garden. During the marriage, Turyati changed her job several times a because of her husband’s request. He had also ever become a housemaid in Jakarta for 3 months, but, again, her husband asked Turyati to come home.

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Her marriage life was not going well. She often expe-rienced domestic violence from her husband. Since she could not stand with the behavior of her husband, she de-cided to divorce. After the divorce, Turyati earned a living as palm laborer again for ± 7 months, a housemaid again for 2 months, and a worker in a restaurant for 1 month.

At this restaurant, Turyati met her future husband. It did not take a long time for Turyati to marry Waluyo. Despite any limitation in their economic condition, they finally married in Lampung in 2003. After marriage, both had thought to live independently without any help from their families. They finally migrated to Bayung Lencir, Banyuasin District in South Sumatra to earn a living. They chose Bayung Lencir because their relatives stayed there. In the new place, Turyati still remembered clearly how she persuaded her husband to buy a land in Bayung Lencir that could later be planted with rubber. However, her husband insisted not buy a land because he did not have financial capacity and experience in managing a land.

Until one day, Turyati were listening to the radio that had an announcement that there would be built the largest dock located in the Buring Village, specifically at the loca-tion of timber forest company. He began to think back to persuade her husband to make a living in the new land, specifically in Pancuran Sub-village. Turyati said that she saw a light. A light, here, was a kind of dream foreseeing that she and her husband would obtain a better life there. In the end, she chose Pancuran since this sub-village was the main traffic toward companies and the bridge between the largest dock with the city of Jambi.

Finally, in 2005 Turyati and her husband decided to move to Pancuran. In that year, Turyati, her husband, and some of his families had bought a land collectively. Turyati and her husband got 3 hectares of a land in the production

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forest from someone who had moved to Bayung Lencir. She said, she and her husband just paid for Rp 500.000, - / ha with tebasan system without receiving a legal letter of ownership. After having the land, her husband and the other families started clearing the land together for planting rubber. Turyati did not participate in this process.

Then in 2006, Turyati bought another land from her sister-in-law for ± 4 ha. Now, Turyati also participated in its management. Turyati participated to prepare the land by slashing, clearing the underbrush. As for cutting the trees, she handed it to people who usually worked on wood. There had been a debate about the type of tree which would be planted in this land. Her husband wanted to plant palm, while Turyati wanted to plant rubber. Mother Turyati de-fended her opinion that planting palm needed substantial sum of capital, and it was quite difficult to manage. Her argu-ment became stronger based on her experience as a laborer for ± 4 years. Finally, her husband agreed with her request.

In approximately 7 years since 2006, Turyati waited her rubber trees to grow. During that time, Turyati and her husband became laborers in the rubber plantation owned by another person to support their life. Then they could harvest their plantation. In those 7 years, the status of the land ownership was unclear. Moreover, the issue of the expansion of local timber industries increased their con-fusion about the land they managed over the years. They worried that they would lose the access toward their land. At that time, Turyati could only surrender and pray that the land was not evicted company.

Unbeknown to her, the man in Pancuran (who sold the land to them) was preparing the Village Forest as the rejection toward the territorial expansion of the company. Finally, in 2010, the Village Forest of Muara Merang was born as the answer from the government. It was seen by

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the society as a concrete effort to reverse the border of the expansion which had been done by the timber industries.

Turyati firstly heard the term Village Forest when her husband and a few men (her neighbors) discussed about it in her stall. At that time, she only listened without comment because she did not understand what was being talked by them. All she remembered clearly was that the land she had managed since 2010 were included to the Village Forest of Muara Merang. It meant that the status of the land she worked for the past few years had been clear and had a license.

Turyati mother did not really understand the scheme of the Village Forest. She only knew that her land she worked on had had a license, so there would be no more worries the land would be evicted by the local company. She just hoped that the Village Forest could prosper her life, her family, and her neighbors.

*****

The location of the Village Forest of Muara Merang which was far from the center of the city had caused the deprivation. The lack of electricity, the people there used diesel engines, caused the people only able to use the elec-tricity from 18.00 until 23.00. This kind of electricity could not be benefitted by all of the people. For those who had more money, it was still possible for them to pay the bill, Rp. 130,000.-/ month.

Furthermore, it was difficult to capture of telecom-munication signal in this area. It made this region lack of information. Most people still used firewood to cook in their house. The last was the activity in which the actors were women. Thus, it could be imagined that women dealt with the smoke form the firewood every day. It would re-sulted in the respiratory disease could infect them easily.

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The sources of the clean water for this region was still relatively minimal. There were only few wells where the water was clean and potable. For women whose access was far from the clean water, they had to be smart to spend the time in order to maximize their daily activities. Those who lived far from the clean water should carry the water by using some jerry cans or gallons on a cart or a motor.

Although the people in the Village Forest of Muara Merang lived in a minimum condition, it did not stop their creativity. Some women believed that they could improve their economic condition by doing business. They strived for improving the economic condition through alterna-tive business by making snacks, building stalls, or making food that could be sold. There were also some women who worked as teachers at the local school.

As told previously by Turyati she had multi-activities. In addition to taking care of the household, she also managed the plantation and went to her stall. Although she had two sources of income, she claimed that she had the dynamics in managing the household management. She said that she still had deficiencies here and there. In the table below is presented the economic comparison between the income and expense of Turyati’s family.

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Income ExpenseBusiness The Amount

of Money [Rp]The Needs The Amount

of Money [Rp]Rubber

Products2,500,000 School Fee 1,100,000

Stall 300,000 Rice 250,000Sugar 45,000Coffee 10,000

Tea 5,000Meal 500,000

Spices 50,000Vegetable Oil 36,000

Electricity 130,000Gasoline 110,000Beauty

products [powder, lotion, sanitary pads,

and so on]

150,000

Cigarettes for Husband

560,000

TOTAL 2,800,000 2, 946,000

From the table, it can be seen that the expense was greater than the income. To cover those needs, Turyati tried to borrow some money from her neighbors to meet her monthly needs. She realized that her effort was just gali tutup lubang (borrowing some money and using that money to another debt like digging a hole and its soil was used to fill another hole). If one debt was paid, there would be another debt. When asked whether there were any loan sharks in Pancuran, she said she had never heard about it.

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Such condition was experienced by not only Turyati but also almost all women in this sub-village. The efforts to ‘save the money’ were realized by doing some activities like social gathering and active praying group in this sub-village. These activities were conducted every Friday at their home in turns. However, not all women participated in the gathering. The reasons were that they do not have any money and felt inferior while meeting other women. This feeling was experienced by some women who felt ashamed for not having nice clothes and jewelry when there was a gathering with other women.

In order to increase the willingness and capacity of women around the Village Forest of Muara Merang, Waha-na Bumi Hijau [WBH] formed woman group in July 2013. The group was named Pancuran Rahayu. It consisted of 10 people and had the board such as chairman, treasurer, and secretary. The purpose of the formation of this group was to organize and empower women that had an alternative in order to increase the family income.

This group was conducting the activities of savings and loan to support their capital. The activities included business like food, clothes, or retailing gasoline.

In doing activities, these women had a regular schedule for group internal meeting on the 25th in each month. The internal meeting still discussed savings and loan in the form of depositing money borrowed to the treasurer of the group. These meetings which were often done slowly made women more confident to talk to new people in expressing their opinions.

The group also played a role in forest management. In carrying out its activities, in addition to the savings and loan business, the woman group was also required to plant some forest trees such as medang, Jabon, gaharu, and jelutung. They were fully aware of the importance of

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planting trees for the future. In the implementation of this planting, their husband also participated in helping to find the seedlings that grew wildly around the forest which were, then, managed by these women until, later, the seedlings were planted in the area of the Village Forest.

*****

The Implication of The Village Forest for the Condition and the Access of Women toward Their Land

The presence of Village Forest since 2010 would bring positive changes for the mental condition of the women. At first, they were afraid that their land would be taken by a company. Then they became brave and felt safe to work in the plantation after the license on the Village Forest issued by the Minister of Forestry.

As mentioned in the story above, she had long managed the land which was fortunately located in the Village Forest Area. She managed different land from her husband. For that reason, she went alone to her land.

The access of the women toward their land in the Village Forest now became real. However, there were some husbands who were protective to their wife by limiting the activities of their wives in the plantation. They had their own reasons doing this. Women who were not allowed to come into the plantation were ordered by their husband just to take care of home and children. Most wives who were not invited by their husband were those who had children under five. The husbands were concerned if their wife came into the plantation because, automatically, the children would also follow their mother. The husbands was concerned about the health of their children. “Actually, I want to help my husband, I have nothing to do at home”, said a woman to the author”.

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The Village Forest of Muara Merang was still utilized by people to plant rubber trees. Due to its management which was not too complicated and the capital was not really big, they choose rubber as the source of their income. In fact, if they could maximized the function of the land, it was not only rubbers that could grow here. By adjusting to the soil conditions, this area might be planted with vegetables such as beans and chilies.

They said they had ever thought to plant vegetables as cost saving. However, because they thought that the cost to plant vegetables were more expensive than if they just bought vegetables, and they spent their time mostly in their plantation, they prefered to just directly obtain food by buying it from greengrocers who came from Jambi every afternoon and in the weekly market every Wednesday.

Of the people who were lazy to plant vegetables, there was one woman who wanted to grow vegetables in addition to planting rubber. Her name was Mrs. Susiwati (48 years old). She had ever managed the land in the Village Forest area by planting vegetables. She planted chilies, eggplants, and green beans in a small area in the Village Forest. The woman whose house was located in RT 07 of Pancuran managed the land with her husband, Mr. Fauzan. If the harvest time came, both were busy with harvesting and marketing the crops although only in Pancuran and its surrounding.

Susiwati sold the crops by cycling around the sub-village just like herb sellers. Those were the daily activi-ties of Susiwati until October 2013. On October 17, 2013, she suffered an unexpected calamity. At that time, around 18:00 pm, as usual, she was about to light a kerosene lamp because the day was getting darker. However, she could not avoid the bad luck. When the lighter was lit, it was not the wick which was burnt but her face and her arms. She got

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serious injuries and was rushed to a hospital in Jambi 2 hours from home.

It took a long time to make her full recovery. According to some local residents, since she experienced the tragedy, it seemed that she felt inferior to others. Based on her tes-timony, she felt inferior because her body was damaged by the fire, and now she also was not able to work as active as before because of the drastic decline of her health.

*****

The Changes in the Roles and Positions of Women After the Enactment on Village Forest

Women in agriculture have different roles and status depending on the social and cultural context of the society (region, age, ethnicity, and social class). Nevertheless, the results of the study indicates that the gender gap in agri-culture resulted in that women farmers do not always obtain adequate access to productive assets (agricultural land), agricultural materials (seeds, fertilizers, and so on), and services for agricultural activities (credit, training, and technology ). In agriculture, woman farmers can work in their own land, become labors without payment in the land owned by their husband or other family members, or be-come labors paid for the work done in the agricultural land owned by others (farm laborers) (FAO 2011 in Julia, 2012).

Quoting from Mrs. Turyati, she did not won the land. She just borrowed it from God, and she just took care of it. Since 2006, Turyati had managed her rubber plantation which she grew to 7 years old and ready to cut. It was 2010 when she and other women knew that their rubber planta-tion was legal. Those who worked in plantation with un-clear land status now could carry out their work without any trepidation.

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There was no significant change in the roles and po-sitions of the women who had come to Pancuran before the birth of the Village Forest like Turyati whether in terms of working hours or economic conditions. Considering that all this time, they managed the plantation that eventually became part of the Village Forest, the different condition they felt was only on the status of the land, so that they just continued the management of the plantation that was previously illegal into legal.

The change in the roles and positions was also not experienced by women who came after the birth of the Village Forest. Those who came were the relatives of the people who had come earlier in Pancuran. In addition, most of the people coming here still had children under five. Some women who had been observed did not par-ticipate when their husbands worked in the plantation owned by their relatives. They just did the household such as cooking, washing clothes, and taking care of children. In the rest of the time, they were waiting for their husbands coming home in the afternoon or evening.

*****

We Want to Speak Out!!!

The Ministry of Woman Empowerment and Child Protection in one occasion had stated that to make the roles of the women visible, it was necessary for women to be involved in training and forest management activities. The goal was to pursue personal development and provide an impact on household income. In terms of law, it was also necessary for women to obtain knowledge and legal assistance.47

47 Delivered in the dialogue of UNORCID on June 17, 2014 in Jakarta themed “Mencapai Kesetaraan Gender dalam Pelaksanaan REDD+.”

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Picture 22. Foto foto saat pendampingan perempuan

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The people in Pancuran lived in a plural society with some ethnics living here. As a result, this region did not have native culture containing specific customs that arranged the life and living patterns. Because all of the people were migrants, they brought their habits from their hometown. The existing custom was automatically formed among those ethnics. It also occurred in the living pattern of the women. As mentioned above, there was no special custom set. Thus, the voice of the women was seldom heard either in a small scale discussion or in decision making.

In several meetings held by the woman group, Pan-curan Rahayu, they talked to the author that they had limitation to speak in public. In this case, it was in sub-village meetings. As mentioned in the beginning of this chapter, because their education was very low, sometimes their ideas were also not considered by the elders in the sub- village. Some of the women in this group had a social jealousy toward other women who could study until high school. According to them, the leaders of the sub-village gave a good space for those who had ever studied until high school. As for those with low education, they could not speak out. Even, they were never invited to the meetings.

The women, especially the woman group, were criti-cal enough to respond to new things. They did not hesitate to ask if they thought that lacked of understanding of a problem. Their interest in learning that was still fairly high could not be seen from the point of view of the men there. It was only after the group was formed that they began to reduce the “silence” to understand the problem as a whole. Unfortunately, their voices still could be heard only in the woman group meetings.

The participation of the women had been seen in the management practice of their plantation located in the Village Forest. Naturally, they should be actively included

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and given a theoretical understanding of the area they occupied in the discussion on the Village Forest, not just in the form of information from the husband or from eavesdropping a brief discussion around them. In addition, it was important to conduct the capacity building for the women, so that the women also acquired the latest know-ledge about the current condition related to both natural resource management and specific science for women.

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BAB VIIThe Challenges and Limits to the Struggle of the People over Land with the Village

Forest Scheme

The policy of the Ministry of Forestry on the develop-ment of People-Based Forest Management (PHBM) with the scheme of Social Forest (HKM), Village

Forest, (HD), and People Forest (HTR) was believed to be able to accommodate local wisdom in forest conservation, as well as answer the demands to solve the problems of the nation; creating job opportunities, increasing welfare, and economic growth. At least, that was a belief of the PHBM by the Ministry of Forestry.

Such belief was in inverse proportion to the target and the realization of the PHBM development by the govern-ment. It was marked by the accessibility of the people to-ward the utilization of forest resources through the scheme of HKm, HD, and HTR that lacked of priority from the government and tended to be discriminative.

Targets made in RPJMN showed that the area of the PAK for public access was only 2.13 percent from the total forest area and 3.59 percent of the area of production forest (HP). This policy could be interpreted that the government

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had discriminated the people and treated forest as an open space for the benefit of the company and the industry.

The Ratio of Forest Area and Production Forest to HD, HKM, and HTR

The size of Forest Area 129 million HaThe size of Production Forest (HP)% to the Forest Area

76.6 million Ha59 %

The target of HKM, HD, HTR (RPJMN)% to the Forest Area% to the size of HP

2.7 million Ha2.13 %3.59 %

The realization of HKM, HTR, HD (2012)% to the Forest Area% to the size of HP

971 thousand Ha 0.75 %1.27 %

Source : Statistik Kehutanan 2012 and RPJMN, processed by Seknas Fitra

Even the realization of HKm, HD, and HTR area were always less than the RPJMN targets. In the RPJMN, the area of HTR, HKm, and HD was determined for 1.1.million, but the government only realized 916.9 thousand Ha in 2011. Moreover, the realization in 2012 was even worse than in 2011 since the realization of the target was only 971 thousand Ha out of 1.6 million Ha. The realization of HKm, HD, and HTR in the period 2007 - 2011 was only 0.75 per-cent of the total forest area, or 1.27 percent of the total pro-duction forest.48

Furthermore, the national target of the development of HKM-HD until 2014 was 2.5 million hectares, but the de-termination of the area was only realized for 12 percent, and the permission was only 3.36 percent until 2013. 49

48 Statistik Kehutanan 2012 and RPJMN, processed by Seknas Fitra49 Data Temu Nasional Hutan Kemasyarakatan dan Hutan Desa (HKM-

HD),in Jakarta, April 24-25, 2013.

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The low realization was connected with the Deter-mination of the Working Area (PAK) of HKM and HD by the Ministry of Forestry that was too long. It took 1-3 years whereas based on the Regulation of the Directorate General No. 10/2010 and No. 11/2010, it was stated that the service for the determination was 60 days at maximum.

During the period of waiting for the PAK, the pro-poser of the PHBM was not given clear information about the progress and the constraint of the proposal. Such igno-rance also occurred in the relevant government at the dis-trict and provincial level.

Based on the experience in the mentoring process of the PHBM while investigating the progress of the licensing process related to the PAK of the HD of Kepayang and Muara Medak, WBH obtained more information from the network of NGOs and other informal information. As for the expected licensing information system of the PHBM from various levels of government, it did not run at all.

Similarly, it also happened to the 15 proposals of the Village Forest in Muara Enim. The unclear status of the HD proposal was because it was stuck in the Planning r. It was recognized from the coordination between WBH and Forest Watch Indonesia (FWI) whereas BPDAS Musi, South Su-matra Provincial Forestry Office, and Muara Enim did not track down the problems of the proposal.

After knowing that those 15 proposals were stuck in the Planning Agency, WBH and the people still did not know the constriction that made the proposals stuck. Even, the information on the overlapping HD proposals in Muara Enim District was collected after WBH conducted some re-searches in the villages that proposed the HD. In addition to inhibiting the issuance of the PAK, the HD proposals facilitated by BPDAS and the Forestry Service could po-tentially rise horizontal conflicts between villages. These

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problems required the systems of information and trans-parency at every governmental level, especially at the Ministry of Forestry level because the problems occurring could be responded quickly and did not result in deriva-tive conflicts. 50

However, the unclear licensing process of the PHBM became the correction for the Ministry of Forestry since it was the act of mal-administration which was hard to excuse.

In addition to the realization of the PHBM which was far from the targets in either the Central Government or the local government, the unseriousness of the government to realize the PHBM promoted by the government itself be-came one of the problems in this nation related to poverty, forest management, and commitment to reduce emission that could be seen from the budget.

The Forestry Office of South Sumatra Province began the budgeting for the planning and development of the HKM and Village Forest in South OKU District, Muara Enim, La-hat, Empat Lawang, and OKI, with a total budget of Rp.280 Million and achievement target only in 2 locations.51 The funding in the forestry sector and the environment in Musi Banyuasin was considered very small, less than 3 percent of the total area.

One activity associated with the Village Forest Banyu-asin just appeared on the 2012 budget. It was the Socialization and Training About the Village Forest Management System.

Likewise, related to the control or supervision of the forest area, a complaint from Muara Merang LPHD re-lated to Illegal Logging in the HD of Muara Merang and

50 Adiosyafri & Sigid Widagdo (2013), Laporan Studi Sosial Ekonomi pada Desa Yang Mengajukan Usulan Hutan Desa di Kabupaten Muara Enim Propinsi Sumatera Selatan, WBH.

51 Aidil Fitri & Masrun Zawawi etc (2014) Kertas Kebijakan Opsi Pendanaan Lokal untuk Akselerasi Pengelolaan Hutan Berbasis Masyarakat di Sumatera Selatan, WBH

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the investigations conducted by the Task Force of the HD of Muara Merang and WBH was just responded from the Forestry Office of Banyuasin District in September 2012 with the reason that the activity was jus budgeted.

Regarding to the limited budget, or, more precisely, the lack of budget allocation, WBH made policy paper on alternative budget support from the APBD for the process of the PHBM in South Sumatra. In addition, WBH prepared the draft on the framework of law and policy, institutionali-zation, and major work program on local funding instru-ments to accelerate the realization of the PHBM.

It became important because the funding support with the logic of APBD should also be accompanied by the development plan prioritizing the scheme of the PHBM in the region. Because the logic of local budgeting pro-cess, the reaction toward the needs of the PHBM in the region was often late. Even, without a good planning, the problems related with the PHBM could not be solved with the planning and work program of the local government. In same way, the support from the local budgets was not supportive enough.

For example, the HD of Muara Merang was facing the problem of land claim from the public and the illegal logging This problem had been informed by WBH to the authorities at the district level in 2011, but it received a response at the end of 2012.

It also happened to the efforts of WBH to find solu-tions of these problems by joining the roles and responsi-bilities of the government, private, and community in the integrated forest rescue planning.

Not only in Muara Merang, but it also happened in almost forest areas in Indonesia with a severe degree of damage until the point that could not be tolerated. Thus, unsurprisingly, that a series of policy taken by the govern-

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ment had not been able to provide a fast and systematic solution and still showed bias against certain groups.52 This condition should be considered as an extraordinary phenomenon, so that it should also be handled with extra-ordinary action.

The Village Forest of Muara Merang and its surroun-ding area experienced that extraordinary condition. It con-tinues to be in damage. One factor that threatened the size and the condition of the forests was the decrease of the forest coverage area (deforestation) as the result of illegal logging, squatters, and other kinds of forest destruction. It did not seem right if the Village Forest Management Institute (LPHD) of Muara Merang was charged by that extraordinary condition without maximum support from the government that actually had responsibilities for facilitating, developing, and overseeing, from the proposal to the management.

The application of the Village Forest scheme without maximum efforts to facilitate the problem solution that actually was the responsibility of the government itself and burdening it to the village institution given the rights

52 The condition of the forests in Indonesia continues to be in damage. One factor that threatened the size and the condition of the forests was the decrease of the forest coverage area (deforestation) as the result of illegal logging, squatters, and other kinds of forest destruction. The Directorate General of the Forestry Planning, the Ministry of Forestry, has documented that the deforestation in In-donesia reaches 1.17 million hectares per year.3. In the period of 2009-2010, the prediction on the deforestation only decreased 0.04 million hectares into approximately 1.13 juta hektar per tahun.4. From the data, illegal logging gave a significant contribution to the national d penebangan liar memberikan kontribusi yang signifi-kanforestation. In 2004-2009, it was estimated that illegal logging could reach 23.323 million cubic meters per year and the loss of the state reached 27 trillion per year. The 2003 data shows that approximately 36.4 million cubic meters were squatted illegally, in Hariyadi (2010) Peran Subnasional dalam Pengurangan Emisi GRK melalui Skema REDD, Jakarta.

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to manage was the same as: “Creating the conflict but did not intend to finish. Instead, it washes its hands of this problem and hopes for the envelope (containing money) in the hands.”

Furthermore, in its development, both the implanta-tion and the underlying policy of Village Forest in the con-cept of PHBM or community-based forest management as a counter to the concept of state based forest management, should be checked. It should be done without the inten-tion to reduce the goal of the Village Forest which was providing access for the public in conducting sustainable forest resource utilization and increasing welfare.

In order to achieve the objectives of the Village Forest, as the facilitation of the government, the Ministry of Forestry (Kemenhut) facilitated a meeting between the LPHD of Muara Merang and the HTI Companies to discuss the op-portunities of cooperation. The meeting, held in the office BP DAS Musi, Palembang, at the end of 2013, was attended also by the Forestry Service of South Sumatera and Musi Banyuasin, WBH as the assistance, and some representa-tives of the community in Pancuran.

The HTI companies, in the presentation, explained the opportunities for cooperation in planting acacia technically in the HD of Muara Merang, the potential benefits of the wage, and the profit sharing in each harvest.

The representatives of the LPHD of Muara Merang quickly compared the benefits offered by the HTI compa-nies with the profit of rubber plantations. The result of the calculation was that it was much more profitable if the land was planted with rubber.

The representatives of the LPHD of Muara Merang loud-ly responded: we have not obtained the license of the IUPHHK in the Village Forest which becomes the prerequisite of the cooperation offered by the HTI, so that it can be conducted.

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How can it happen that the Ministry of Forestry does not know that the prerequisite of the cooperation pro-posed by the HTI companies is the IUPHHK of the Village Forest? Or the Ministry of Forestry does not know that the LPHD of Muara Merang has not received the IUPHHK of the Village Forest? In fact, the LPHD of Muara Merang has ever proposed the IUPHHK of the Village Forest, but it hitherto has not recived a good response.

Regardless the unintentional mistake, there was a lesson that the offer to plant acacia in the area of the HD of Muara Merang looked like the effort for recruiting laborers with low wages and small amount of profit sharing for the LPHD of Muara Merang.

As for the PHBM with the village forest scheme that used the word ‘people-based’, not ‘with people’, it implied that the public, in either the form of a community unit, a community-based business unit (cooperatives in a broad sense), or individual, became a manager or the manager of a management unit characterized by the influence of the local social system that was strong enough in the manage-rial decision-making structures.

In addition, community-based forest management model was also characterized by the crafting local institu-tion aspect in terms of forest management in the related com-munity. Hence, the forest management rights of the commu-nities were not only to manage the timber but also to manage Hasil Hutan Bukan Kayu / HHBK (Non-Timber Forest Pro-ducts) and to manage forests for non-economic objectives.53

53 Dianto Bachriadi dan Anton Lucas (2002) Hutan Milik Siapa ?, Upaya-upaya Mewujudkan Forestry Land Reform di Kabupaten Wonosobo, Jawa Tengah. Berebut Tanah, Berbagai Kajian Perspektif Kampus dan Kampung, Insist Press.

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Many challenges and problems that could be learned but could not be written because of the limitation of the author. However, the one that should be a concern was the limitations that seemed like traps in the implementation process of the PHBM. Those traps could be in the forms of the reduction of the state’s obligation, the transfer of the state’s authority or the privatization of the state’s responsi-bility, and even the privatization on the transfer of the rights in management which became local and simple and could be advantageous for the influx of the capital. These traps also became one of the challenges or the other ‘political arena’ which would be faced in the struggle of indigenous forests after the Decision of the Constitutional Court No. 35. 54

Village Forest is certainly not the same as Social Forestry and People Forest, especially with Indigenous Forest. In the context of forestry agrarian policy, it has an important implication to distinguish between the utili-zation permission on the state forest which is a gift from the government (in this case the Minister of Forestry) such as in the form of Social Forest, Village Forest, or People Forest with Indigenous Forests meant by the Decision of the Constitutional Court No. 35 as the recognition of the state toward of the rights that are already owned by In-digenous peoples. 55

The scheme of the village forest and its relation to In-digenous forests related to the issuance of the regulations on the PHBM before the Decision of the Constitutional Court No. 35 made some Indigenous Peoples propose their indigenous territories as Village Forest.54 Li (2011) dari Laksmi A. Savitri (2014) Rentang Batas dari Rek-

ognisi Hutan Adat dalam Kepengaturan Neoliberal, Wacana Jurnal Transformasi Sosial 33, Insist Press.

55 For further explanation on the Decision of MK 35, see Noer Fauzi Racman, (2014) Masyarakat Hukum Adat Adalah Bukan Penyan-dang Hak, Bukan Subjek Hukum, dan Bukan Pemilik Wilayah Adat-nya, Wacana 33, Insist Press.

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As the case of the Indigenous Peoples of Semende in Muara Enim, South Sumatera. Those whose indigenous ter-ritories were in the protection forest proposed the scheme of the Village Forest in 15 villages gradually. Although, so far, they refused to acknowledge the existence of the state forest in the indigenous territories, but by submitting the village forest, seen as a strategy for the recognition of their villages, the village acknowledged the existence of the in-digenous territories in the state forest. Since the proposal of village forest area should be in protection forest or pro-duction forest which had no right or license for utilization, the acknowledgment letter on the border of state forest would be the basis for the boundary of these villages. 56

56 Adiosyafri & Sigid Widagdo (2013), Laporan Studi Sosial Ekonomi pada Desa Yang Mengajukan Usulan Hutan Desa di Kabupaten Muara Enim Propinsi Sumatera Selatan, WBH.

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If the determination of the working area of the village forest was decided in the future, the Indigenous Peoples, consciously or unconsciously, had given a recognition to the state’s claim over the existing rights of the Indigenous People. In this condition, the PHBM was not a solution but a trap that carried potential conflicts in the future. Therefore, it became important to explore the arrangement in shifting the scheme of PHBM into Indigenous Forests, both the one which was in the process of submission and the one which passed the Determination of the Working Area.

Considering many lessons which was not written or even unanswered questions that were the limitations of the author, it was important to map the problems and challenges in the village institutions, communities, and also the institutions assisting the Village Forest.

The facilitation process from the licensing process to the management process involved not only the village in-stitutions but also the society and the institutions assisting the village forest. Similarly, increasing public participation became a factor that could not be ignored in the effort to strengthen local social system in managerial decision-making structures.

Increasing Public Participation

In line with the 1945 Constitution, the implementa-tion of village forest is intended to provide access to the local community through the village institutions in sus-tainable village forest utilization. The implementation of Village Forest also aims at improving the welfare of local communities sustainably. By utilizing the area of Village Forest, people can use the growing space (space for growing plants), so they can obtain optimal environmental benefits, social benefits, and economic benefits without reducing its primary function.

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Apart from the definition and purpose of the village forest associated with environmental benefits, social benefits, and economic benefits, the reference point for the maxi-mum welfare of the community is the participation level of the community.

There are 4 other reference points used to measure the maximum welfare of the community. They are (1) the benefits of the natural resources for the community, (2) the level of distribution toward the benefits of the natural resources for the community, (3) the public par-ticipation level in determining the benefits of the natural resources, and (4) the respect toward the rights of the people from generation to generation in utilizing the natural resources. 57

Reflecting from the HD of Muara Merang, those four reference points, still, should be evaluated. Considering the time for the implementation of the PHBM policy which was still “very young”, those points, of course, those points needed long time to proceed.

It was clear that the existence of the Village Forest of Muara Merang in this 4 years has proceeded to answer those points, especially for the achievement in the benefits of the natural resources for the community that could be measured from the access toward the land that could be managed by the people. In addition, there was also an achievement on the level of distribution toward the benefits of the natural resources for the community although the significant inequality in giving tenure of the natural re-source management still occurred, between the big com-panies and the community.

57 Noer Fauzi Rachman, Masyarakat Hukum Adat Adalah Bukan Pe-nyandang Hak, Bukan Subjek Hukum, dan Bukan Pemilik Wilayah Adatnya, Wacana Jurnal Transformasi Sosial 33/XVI/2014.

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Related to those reference points, the public partici-pation level in determining the benefits of the natural re-sources also became an important factor in the implemen-tation of the PHBM policy.

WBH realized the lack of the improvement in terms of the participation of the community in the initial stage of the HD submission, so that in its development, the strong local social system had not been developed in managerial decision-making structures. As for the achievement in im-proving public participation, of course, it could not be separated from the role of women.

Some efforts to increase public participation in Pan-curan that had been attempted by WBH and the LPHD of Muara Merang was the institutional strengthening of the LPHD by conducting some training and coordination meetings which both involved the public directly and the relevant local government.

The improvement in public participation was also carried out in other processes such as the preparation of Rencana Kerja Hutan Desa / RKHD (the Village Forest Working Plan) of Muara Merang that was arranged with the LPHD of Muara Merang by involving the community. This preparation process was preceded by the community involvement in various activities such as socio-economic studies, mapping, group discussions, and other activities.

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Gambar 23. melakukan pertemuan rutin untuk membahas persoalan-persoalan yang hendak di hadapi.

These efforts led to the development and streng-thening of the typical social relationships that became the basis, especially in managing natural resources for the sustainable life as unity, which was not exclusive but opened to the local community. Thus, the typical contex-tual collective knowledge in order to achieve the goal of the Village Forest.

Without all of those, the Forest Village Scheme could be away from the meaning and purpose of the village forest. In the same way, the other PHBM schemes and the Indigenous Forests became essential to build the collective knowledge of the community because they were part of the struggle of the people over their land, particularly in South Sumatera where there are 699 villages in or surrounding the forest area.

Today, millions of hope from the HD of Muara Merang

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and the others will not only belong to the people of Muara Merang but also become the hope of the nation in addressing various problems on improving the welfare of the people and implementing the sustainable natural resource manage-ment. These expectations will also belong to the global so-ciety in the effort to address the climate change. Similarly, the challenges that occur must be faced together.

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MUARA MERANG VILLAGE FOREST

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