Postscript Jan-Feb 12

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SOLUTION FOR LAND CON

IN INDONES

Vol.IX, No. 1, January-February 2012

Editors Note:Chaos in Everything

Solution for Land Con ictsin Indonesia

The GKI Yasmin Case: An Effort fo Af rm the Existenceof Groups


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Publisher: A. Watik Pratiknya, Co-editors: Andi Makmur Makka, Dewi Fortuna Anwar, Chief Editor: Siti Zuhro, Executive Editor: Mustofa KamilRidwan, Editors: Andrinof Chaniago, Rahimah Abdulrahim, Assistant Editor: Wenny Pahlemy, Copy Editor: Don Wilkey, Secretary & Layout:

Aryati Dewi Hadin, Circulation & Production: Ghazali H. Moesa, Address: The Habibie Center, Jl. Kemang Selatan No. 98, Jakarta 12560,Indonesia, Tel. (62-21) 781 7211, Fax. (62-21) 781 7212, [email protected], www.habibiecenter.or.id- No. ISSN 2087-1619

PostScript is published bimonthly by The Habibie Center. @2011 by The Habibie Center. All Rights reserved. Unless stated otherwise, all viewsexpressed in PostScript re ect the views of the editorial staff. Inquiries on circulation and editorial correspondence should be addressed toPostScript editors.

The transition period in the global warming condition from now

on to unpredictable future gives the clearest sign of chaos in our environment. Added with what has so far been done by human

being it is seemingly that the signal is complete: the threat of

inundation of many coastal parts of this country. Among those many parts,

Jakarta is the worst. Sea water has been seeping far into Jakarta proper

making the groundwater of Jakarta no longer fresh. People have to dig far

deeper into the ground to get the drinkable water, especially in northern parts

of the capital city. Not only underground, but above ground, the sea water

level has been higher than the ground. The government of Jakarta has to

build a wall along the coast to prevent the sea water ows into the coastal

plain neighborhood. But here and there the wall has been punctured with

a consequence that the sea water ows into the neighborhood unstopped.

Garbage is another hazard for Jakartas life, including its marine biotas. The

government of this province sees with bewilderment the mountain of garbage

at Bantargebang, Bekasi, with no one knows what to do except stacking more

and more garbage from Jakarta, reminding us of the Smokey Mountain near

Manila, the Philippimes. The Jakarta Administration still cannot nd a place

or places to build a garbage factory to treat the garbage further, making it into

Chaos in Everything


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4 PostScript Vol. IX, No. 1, January-February 2012

something else which is less hazardous. So far nothing could be done since

no one outside Jakarta will let wholeheartedly their plot of land above which

to be built the Jakartas garbage factory. Pollution is the main reason for their

unwilling to sell their plot ti the Jakarta Province Administration. For some

inhabitants of Jakarta especially those dwelling along the riverbanks of 13 rivers

that ow through Jakarta, the only place to throw away their garbage is the rivers

making them possibly the longest garbage bins in the world (remember once

the head district of Pariaman, West Sumatra, Anas Malik, said that the coast of

Pariaman is no other than the longest toilet in the world?) The rivers of Jakarta

are far more horrible. It is there that the squatters throw away everything

and use the rivers for everything else, including taking a bath complete with

brushing teeth, wash their clothes, babies; the list is endless, you just name it.

So when the global warming is fully working, parts of Jakarta, particularly

its northern part, will be inundated by the sea water. The land of Jakarta is

actually a long concave one from the north of the Presidential Palace down to

the coast. This area contains the Chinatown (Glodok) which is very crowded.

And everyday viewers can see the building and the promotion of luxurious

apartment buildings along the coast to the west with the Pantai Indah Kapuk

(Kapuk Beautiful Coast) is the central. Worse, the sucking of ground water in

northern parts of Jakarta are uncontrollable for a long period, making parts of the

land sink. What if the global warming is in full gear? Two or three meter the sealevel rises means that the apartment buildings and the crowded neighborhood

will be ooded; a gigantic task will have to be done if the government

(Jakarta, Banten and the Central) must evacuate the inhabitants (in millions!!)

Traf c jams? Of course. Everybody curses it, but nobody say anything about

the ow of thousands of vehicles from towns around Jakarta (Bogor, Bekasi,

Depok, Tangerang) and the churning of new tens of thousands of new cars

and motorcycles everyday from factories around Jakarta. Nobody is able to

provide a prescription to remedy the traf c jams that in the near future willmake Jakarta clogged out by the vehicles which will make nobody able even

to walk (since the sidewalks are full with vendors) let alone driving cars.

Catastrophic signs have been looming threateningly above Jakarta and some

people have been mentioning of moving the capital city into someplace else. One


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place that is considered suitable for a new Indonesian capital is Palangkaraya,

the capital of Central Kalimantan. But no discussion further. The issue has been

brushed aside by other issues that are more current and need immediate solution.

But Kalimantan is not a completely safe island from disasters. Flood is theone that inundate many parts not only in Kalimantan but also other islands.

Concerning disasters the list is endless. Floods including ash ood and

landslides are everywhere, destroying infrastructures (roads, bridges, and dont

forget the cold lava oods from the recently erupted mountains which still

threatens houses and roads as well as paddy elds at many areas in its current.

The other is the land con ict connecting to the building of plantation

(especially palm to make palm oil) and mining (coal), oil, minerals which has

destroyed the environment (what mining is not?) which often in con ict withthe Ministry of Forestry, the Ministry of Agriculture, the Ministry of Energy,

Mineral resources and Oil (ESDM), and the inhabitants in the location of

mining and plantation. Land use con ict is something that has been going on

for decades without any clear solution. Con icts between the inhabitants and

the military concerning a wide plot for military trainings are few examples.

While corruption is a crime that has now gone into the next generation with the

suspected corruptors become younger and younger (Gayus Tambunan is still

in his thirties) with the sum involved is no longer millions but billions eventrillions (the Century Bank case), the cases involving the great sum of money

has been dragging people in political arena (legislative, executive, judiciary

and the law enforcement members). Look into the number of members of

the House of Representatives who had been jailed for receiving hundreds of

millions each totheir chargesto smooth the way a high of cial of the Bank

Indonesia to be a Senior Deputy Governor with billions of rupiah was ew into

the hands of the MPs. This case is involving the wife of a former Chief of the

Police as a kind of a go between. Ironically, the Deputy Governor of the CentralBank is not (yet?) detained and still free of charge. The wife of the former

Police Chief, on the other hand, has been detained and is undergoing trial.

Another case is involving the former treasurer of the ruling party who is now

on trial in connection with the building of the house for athletes for the last SEA


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Games. He is trying to drag the chief of the party, but so far in vain. While the case

in nearly over, the party chief is still free. Now he is trying to get the party chief

into another case. But the party chief has categorically swore, that one rupiah he

stole in the Hambalang project , hang me at the Monas (the National Monument).

With this kind of jumble mumble and ceaseless ironies in every

sector, people can only scratch their heads: the poverty level will

stand, and their money will only be scattered merely among the elites.

-ooo0ooo_


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The beginning of 2012 has been colored by a number of land

con icts which have spread to several regions in Indonesia. The

latest land con icts, in Mesuji, Lampung and South Sumatra, and

Bima, Sumbawa, West Nusa Tenggara, are related to the matter

of the seizure of land between locals and private companies and for sure the

government which produces the policies on land use. A number of seminars

and researches have already considered the issues involved and have identi ed

the root causes of recent con icts. The causes of most of the con icts are

unjust policies, the socio-economic gap and competition over scarce resources.

However, at the level of problem-solving, almost none of the concrete solutions

have been successful in settling the con icts. It might seem that the situations

in the con ict areas were rapidly resolved, yet the proposed solutions have

only been able to overcome the ice-berg level of the existing con icts. There is

no proper mechanism that is able to resolve the current con icts at their roots.

The situation surrounding con ict resolution in Nanggroe Aceh Darussalam

(NAD) and Poso, Central Sulawesi, are exceptional. Honestly, both regionsstill contain the potential for con ict that may emerge in the future because

peace is not a gift; it is a process that needs to be monitored and evaluated

continuously in order to minimize the potential for con ict in the future. The

success of the peace processes in both regions was because the con icting

groups were able to reach a compromise and the seriousness of the government

Solution for Land Con icts

in Indonesia

Inggrid Mustika, Researcher, The Habibie Center


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to take concrete action to end the con icts.

The achievement of peace stability in NAD and Poso, Central Sulawesi,

cannot be used as the reference solution for other con ict regions because

every region has different social and cultural characteristics that are embeddedin their societies. Therefore, the approach has to be established differently,

by considering the local wisdom of the people and for sure involving all

related stakeholders who are directly or indirectly affected by con icts such as

women, children, and other marginal groups. The recent political situation has

allowed the people to ask for bottom-up solutions rather than top-down policy.

However, money talks. Those who have direct interest in a scarce resource

can buy the authority to protect their asset rather than build dialogue and

communication with those whose rights are violated.

There are several solutions that touch on the root causes of the con icts where

the main key holder of con ict management is the government, the institution

that is the architect of the rules and regulations that seek to create social

conformity within the society.

First , the government needs to re-arrange the existing laws and regulations

which overlap one another. This implies that the overlapping responsibilities

maybe the cause of con ict. The licensing issue across sectors for example.

There are overlapping licensing of plantation areas over the mining andforestry sectors which have happened due to the un nished provincial spatial

plan ( Rencana Tata Ruang Wilayah Provinsi , RTRWP). On the other hand, the

use of protected forests which are planned for the environment conservation

function has been shifted to other functions that threaten environmental

sustainability. According to the National Forestry Council ( Dewan Kehutanan

Nasional , DKN), the area that misuses the national spatial plan reaches 7.8

million hectares and this number continues to rise (Kompas, 2009).

Economically, these problems have contributed to the investment target

not being fully realized because investors have had to deal with long and

complicated licensing procedures, compensation for land, and overlapping

land use the cause of which is the overlapping licensing (Borneo News,

2011). Socially, the existence of investors often disregard the locals rights


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by unilaterally taking over land which is mostly traditional land and using

as justi cation of having a license from the government. The surrounding

community also often experiences the pollution effects which often neglected

by the investors. These are the problems that lead to peoples dissatisfaction

of the governments policies in favor of the investors.

Second , there is a need to reform the function of the National Land Agency

( Badan Pertanahan Negara , BPN). With the escalation of con icts over land

rights in Indonesia, a question mark arises over BPN, what exactly is the role

of BPN in this context? Where is the BPN when land con icts occur? As a non-

departmental government agency that is accountable directly to the president,

BPN has the task to carry out government duties in the area of land at the

national, regional and sectoral levels. BPN is supposed to be able to perform

land management in Indonesia for the welfare of the people, able to solve

disputes over land and able to re-structure the legal and land management

systems in order to prevent disputes occurring. Yet, in many cases, the BPN

acts on behalf of investors and sacri ces the public interest (Medan Bisnis

Daily , 2012).

Third , there is a need to synchronize the coordination of related stakeholders

who have the authority to make policy. In this context, it is important to

establish a continuous coordination between BPN, the Forestry Ministry, the

Energy and Mineral Resources Ministry, the regional authorities and other

related stakeholders to overcome the overlapping responsibilities which

give rise to overlapping licensing. The crux of this problem is, as already

happens and tends to be neglected, is the existence of a certi ed land dispute

which is based on odd regulations, which are either contradictory or unclear.

As a result, the people at the grass roots level always become the victims of

biased regulation. In addition, in the light of regional autonomy, the regional

government has the authority to establish local regulations which have an

impact on the unavoidable overlapping regulations. Therefore, it is importantfor all stakeholders to sit together and set one regulation on licensing land use

in order to avoid these overlapping problems.

Fourth , the need to monitor the bills related to the issue of land use such as

the Bill on the Procurement of Land for Public Interest Development; the


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Bill on Food, and the Bill on the Protection of Farmers which are currently

at the Parliament. An effort to oversee the process of the bill deliberation is

basically to avoid a counter-productive result to the welfare of farmers and to

food sovereignty in Indonesia. Therefore, it is important to monitor the bills to

be passed as laws to ensure that they bene t the society at large.

Fifth , related to the people who are legally weak to ght for their rights

regarding land con icts, it is needed to provide legal assistance to these

people. The main purpose of providing legal assistance to the people is to give

them the appropriate solution to how they might propose their objection with

a clear legal basis. In reality, several NGOs provide this type of assistance

to the people, however, their action is more or less provocative in nature.

However, there are those that do offer a proper assistance to the people but

again, the people are facing the companies who hold legal licenses, and a

strong justi cation for their existence. Therefore, close review over existing

licenses is needed to make sure that the land use is basically in the public

interest.

And the last, sixth , the neutrality of law enforcement of cers is essential in

order to enforce justice to the people. However, law enforcement of cers face

dif culties in making action over license holders because each investor holding

a license from a different institution are all legally valid (Majalah Tambang,

2012). As mentioned above, the establishment of one reference of regulation

on licensing land use is crucial. The requirement to act procedurally in front

of the people who demand their rights in land-related demonstrations becomes

the concern of many people. Therefore, as the law enforcer and protector of

the people, law enforcement of cers must prioritize the public interest and

maintain security and stability of the society to avoid human rights abuses.

-ooo0ooo-

References

BPN, The Source of Land Con ict in North Sumatera, ( BPN Sumber Konfik Tanah di Sumut ), 17 January 2012, www.medanbisnisdaily.com

Government Preparing Government Regulations in Lieu of Law toOvercome Overlap on Land, ( Pemerintah Menyiapkan Perppu Atasi


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Tumpang Tindih Lahan ), Kompas, 17 November 2009, www.kompas.com

Licensing Overlap Hampered Investment, ( Tumpang Tindih Perizinan Hambat Investasi ), 22 December 2011, www.borneonews.co.id

Polri: Various Regulations on Licensing caused Con ict ( Polri: Banyak Aturan Soal Perizinan, Sebabkan Konfik ), 16 February 2012, www.majalahtambang.com

www.bpn.go.id


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The issue of establishing houses of worship is still a thorn

in the relationship between Muslims and Christians in

Indonesia. The latest case is the establishment of a church

at Taman Yasmin Housing Complex (GKI Yasmin) on

Jalan KH Abdullah Bin Nuh, Curug Mekar Village, West Bogor, West

Java. Print and electronic along with online media are talking about the

GKI Yasmin case and are presenting their own facts and arguments.

Most of the general and mainstream media reported that the churchs

community is forced to worship on the sidewalk since their church

was sealed by the Bogor city administration. The media depicted the

case as a prohibition of worship/human rights violation, intolerant

and anarchist Muslims, and law disobedience of the mayor.

It is interesting and curious about what do the Islamic media say about the

issue? Four Islamic online media, namely eramuslim.com, hidayatullah.

com, suara-islam.com , and voa-islam.com saw the GKI Yasmin case as aviolation of law, provocation by the Christians, and the Mayors authority.

The Prohibition of Worship Vs Violation of Law

The four media agreed to counter the opinion by saying that the GKI Yasmin

case is a violation of the law, not a religious con ict (voa-islam.com). The

The GKI Yasmin Case:

An Effort to Af rm the Existence of Groups

Zamroni Salim, PhD, Research Fellow at the Habibie Centerand Indonesian Institute of Science


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problem of GKI Yasmin is purely a legal issue, the problem of the building

permit (IMB) and is not a political problem (suara-islam.com). The case of

the building of GKI Yasmin is a case of law, procedure violation, and the

manipulation of peoples signature of approval done by GKI Yasmins side

(eramuslim.com). he GKI case is a law matter. How could they get the

permit, while local people never gave their agreement (hidayatullah.com).

Violation of the law and the manipulation of signatures are the counter

opinion put forth by the Islamic online media. The eramuslim shows the

fact about a man named Munir Karta Bin Surakarta, the former head of the

local neighborhood unit who was convicted by the High Court of Bandung on

January 20, 2011 for manipulating peoples signatures for the Yasmin Church

as a requirement for getting the building permit (IMB). It further writes:

In doing so, Munir went to a few people and asked their agreement for the

establishment of Hermina Hospital. However, Munir changed it into a permit

for the establishment of the Yasmin Church. Munir also gave envelopes of

Rp100.000 each to some residents for signing the paper. (eramuslim.com).

The eramuslim wants to show that the current issue/problem talked about in

the media didnt stand alone; that it has a long background. The community

and the local administration would not necessarily close down the church

if there were no falsifying of signatures in the establishment of the church.

The four Islamic online media reply to the accusation of Muslims

intolerance and anarchism; the eramuslim.com writes by citing residents:

We do not reject people that want to worship, yet we will not accept

anything that is started with dishonest ways and deception. There are simply

no more than 5 Christian families living here. The rest of the congregation

is from outside Yasmin Complex even from outside Bogor. It seems

that the GKI Yasmin only provokes Muslims here and would build anopinion in the media as if they are forbidden to worship. (eramuslim.com)

The hidayatullah.com also uses an interview with citizens to strengthen its

argument:


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It seems that the GKI Yasmin provokes Muslims here and would

build an opinion through the media as though they were forbidden to

worship... Theyve been invited many times to meet and to prove

legally who is guilty, but they did not want to (hidayatullah.com).

Eramuslim and Hidayatullah set a counter argument that it is the GKI who

deliberately makes provocation by doing its service on the sidewalk in

order to be covered by the media and get sympathy from the public at large.

Why would GKI Yasmins community insist on worshiping at the site when

they already have a church in Jalan Pengadilan not far from here? Even,

the local government has already offered an alternative place of worship.

The two online media do not only quote the residents, but alsoquote others (motorcycle riders, taxi drivers) who are upset

since their income reduces because the street they used to pass

is closed by the security apparatus during the worship service.

Disobedience Vs Authority of the Mayor

Mainstream mass media report the disobedience of Bogors mayor against the

verdict of the Supreme Court which asked him to revoke the suspension of

GKIs permit. Citing a number of parties, the media say that the case is caused

by the disobedience to the existing law. How can the local administrations

decision collide with the national legal decision issued by the Supreme

Court? They ask why could we let or tolerate a local government which

is disobedient and has harassed the two respected state institutions (The

Supreme Court and the Ombudsman)? Who are exactly the residents who stand

against the church and what are their numbers? Can it be that the residents

objection be the justi cation to cancel an of cial government decision?

According to Hidayatullah.com , the mayor of Bogor had implemented the

Supreme Courts verdict, which was to revoke the suspension of GKIs permiton March 8, 2011, and then the mayor declared to revoke the permit on

March, 11, 2011. According to the media online, there are three compelling

reasons behind the revocation of the IMB, which are, rstly, a strong

resistance from the public living around the location; secondly, to maintain

stability and security from the provocation of GKIs community that persist to


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worship at the sidewalk every week, thirdly, falsi cation of support of local

communities by the GKI Yasmin buildings committee (hidayatullah.com).

Suara-islam.com responds to the opinion by citing the Islamic leaders

who said that the GKI Yasmin was not honest because they did notreveal the real issue, namely the use of false signatures in the process

of making the IMB. Because of the legally awed IMB, according

to the authority possessed by the Bogor mayor in this case, the IMB

that had formerly been issued was later revoked (suara-islam.com).

Voa-Islam also elaborated on the opinion that the process of GKI Yasmins

building was full of lies. Voa-Islam pointed to the argument that the

Bogor District Court had proven the existence of the manipulation of

letters and the community signatures and therefore the judge convictedMunir Karta, last Thursday, January 20, 2011. Based on that fact, the

mayor of Bogor repealed GKI Yasmins IMB through the Mayors

Decision Letter No. 645.45-137 of 2011 on March 11 (voa-islam.com).

Regardless of any growing issue related to the GKI Yasmin case, it seems

that those Islamic online media tend to see and attribute the case to the

issue of the faked signatures. They call it fake permit, legally false

permit, wrong process and against the law, the manipulation of the

license process and residents approval, and illegal church that breaksthe law. At the same time, these online media are complaining about the

unfair reporting by the mainstream media. They suspect that GKI Yasmin

has provoked the residents by doing worship on the sidewalk, of taking the

issue to the international community and makong Islam look anarchistic and

violating the freedom of worship. They protest over such matters and of

giving the impression as if the GKI is the victim and an oppressed minority.

The readers of those Islamic online media give the same meaning to

the case. One of them even warns that the real battle is with the inter-

religion community that promotes secularism, liberalism and pluralism.

One reader quips that a number of Muslims speak up for GKI Yasmin and

jeopardize the views of other Muslims who are defending their religion.

Another reader writes about the pattern that Christians used to do in Muslim


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majority areas. They use their houses as the houses of pray by bringing

congregations from other places and provoking other residents who were

mostly Muslims. If resistance appears, they will bellow the opinion that Islam

is intolerant, and how dif cult it is to build places of worship in Indonesia, etc.

Identity and Existence of Each Group

Both the mainstream media and the Islamic online media blame and ask the

government to immediately handle the case. The mainstream media says the

government is afraid of the trouble makers and doesnt protect those who

want to worship, as well as asking the Indonesian National Police Chief to

crack down on the elements in the society that forbid anyone to observe

their religion. Whereas the Islamic online media ask the security apparatus

to work by anticipating the existence of provocateurs from both inside andoutside Bogor that are willing to make trouble and to manipulate the situation.

At the 2012 Military-Police Leaders Meeting in the auditorium of the

Police College, Kebayoran Baru, South Jakarta, Friday (January 20,

2012), the President responded to the criticism. He said that the State

did not keep quiet regarding the con icts in the society in this era of

democracy, openness and freedom. According to him, this country

is looking for its own particular style of maturity (detiknews.com).

Unlike the New Order, the aftermath of the New Order Government has

no effective control and access to the entire elements of the community. In

return, peoples access to the political space is more wide open now. In this

era of political reform, the system of power began to spread. Each element

of the community shows identity and asserts their existence before the State.

Later on, the existence of this identity is important in the negotiation of

interests and in the determination of who will be in charge of the resources.

The same thing happened to the Islamic groups (without speci cally

mentioning any particular group) as one of the forces in the society. Through

discourses that they are ghting for, they show their identity in front of

the State. They use media, especially online, to contest the discourse of

others. This has happened also for the Christian groups. They introduce the

interests of their groups in some way to get a position in front of the State.


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This situation still becomes a homework for the State to solve the problems

and be able to communicate, accommodate and consolidate each group

for the betterment of Indonesia in the future. Thus far, there is no step

nor systemic policy to resolve the problem. The government cant just

wait and see each group in the society to be mature and wise by itself.

Nevertheless, actually, the civil society, especially the religious-based ones,

for instance Muhammadiyah and Nahdatul Ulama, and other mainstream

civil society that represent religions in Indonesia can do something, for

instance, by expanding the dialogue and cooperation at various levels of

society, especially to the middle and lower levels. We can also urge for an

effective role for Forum Kerukunan Umat Beragama (FKUBIndonesian

Religious Harmony Forum), whose existence is a mandate from SKB /SPB

(Surat Peraturan Bersama) on the Establishing of Houses of Worship No. 8

and No. 9/2006 to multiple intraand interreligions dialogue in Indonesia.

-ooo-0ooo-

References

Salibis Menikam Umat Islam Bogor (3): Ulah GKI Yasmin Menyulikan

Rakyat Kecil, http://www.eramuslim.com/berita/laporan-khusus/salibis-

menikam-umat-islam-bogor-3-ulah-gki-yasmin-menyulikan-rakyat-kecil.

htm, accessed January 4, 2012)

Aparat Gagalkan Aksi Jamaat GKI Yasmin untuk Lakukan Misa Natal,

http://www.eramuslim.com/berita/nasional/aparat-gagalkan-aksi-jamaat-gki-

yasmin-untuk-lakukan-ibadah-natal.htm, accessed January 4, 2012)

http://hidayatullah.com/read/20389/27/12/2011/warga-tampik-dianggap-halangi-ibadah-gki-yasmin.html, accessed January 4, 2012)

http://hidayatullah.com/read/19890/23/11/2011/gki-diminta-tempuh-jalur-

hukum%2C-jangan-menebar- tnah.html, accessed January 11, 2012)

http://www.suara-islam.com/read3951-Banyak-yang-Tak-Paham-Persoalan-


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GKI-Yasmin.html, accessed January 11, 2012)

http://www.voa-islam.com/news/indonesiana/2011/09/19/16143/kasus-gki-

yasmin-bukan-soal-agama-tapi-pidana-pemalsuan-oleh-gereja/, (accessed

January, 5, 2012)

http://www.detiknews.com/read/2012/01/20/110259/1820793/10/sby- banyak-yang-latah-tuduh-negara-lakukan-pembiaran, accessed January 21,2012)


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