INFOGRAFIK: Pengalaman Yang Tidak Sama Bagi Masyarakat dan Perusahaan Untuk Mendapatkan Hak Formal Atas Lahan
Meningkatnya permintaan akan sumber daya alam mendorong perusahaan untuk beralih ke lahan Masyarakat Adat dan pedesaan. Masyarakat mulai kehilangan tempat tinggal mereka karena perkebunan kelapa sawit, penebangan hutan, dan masih banyak lagi masalah lainnya. Mereka hanya memiliki kepemilikan hukum atas sebagian kecil lahan, meskipun pada kenyataannya secara kolektif mereka memiliki setidaknya setengah lahan di dunia.
Sebagian kelompok masyarakat adat berupaya untuk melindungi lahan mereka dengan mencari pengakuan hukum. Namun sayangnya, banyak negara masih menerapkan proses legalisasi hak lahan yang jauh lebih rumit bagi masyarakat dibandingkan bagi perusahaan. Prosedur yang ditetapkan pemerintah bagi masyarakat dapat memakan waktu puluhan tahun, sementara perusahaan besar sudah dapat mengantongi hak atas lahan yang sama dalam kurun waktu 30 hari sampai 5 tahun saja.
Infografik di bawah ini membandingkan proses perolehan hak lahan secara resmi oleh masyarakat dan proses perolehan konsesi kelapa sawit di Indonesia oleh perusahaan.
Meskipun Indonesia telah menunjukkan kemajuan, termasuk perkara pengadilan tahun 2013 yang membuka jalan bagi pengesahan hak hutan adat, berbagai rintangan masih dihadapi. Terhitung hanya sekitar 20 kelompok masyarakat adat yang berhasil memperoleh hak kepemilikan atas sekitar 20.000 hektar lahan. Hal ini berbanding terbalik dengan luas perkebunan kelapa sawit yang mencapai 14 juta hektar.
Get organized
You may not speak Indonesian. You’re not familiar with national land laws. And there’s no NGO representative available to help.
Understand land laws, and build consensus in the community.
Map your land
You don’t know what the map should include. Government officials were supposed to help, but they don’t show up.
Petition local legislature to issue a regulation recognizing your indigenous community
Convince politicians to include your petition in the legislative agenda.
Lobbying elected officials can take more than five years.
Wait for legislative committees to prepare a draft regulation; prepare supporting studies for them.
You don’t know how to prepare the necessary technical studies or convene experts.
Wait while Regional Assembly debates the draft regulation.
You spend years lobbying politicians and organizing public consultations, but still can’t get enough votes.
Wait for Regional Assembly to approve the regulation granting your community indigenous status.
A timber company claims to hold rights to your land.
Wait for government to publish the regulation in a regional journal.
Submit customary forest application to the Ministry of Environment and Forestry
Your area overlaps with a conservation zone and you have to navigate additional steps.
Host government field visit to verify your community’s claim
The government agency is understaffed. Wait for officials to show up.
Get a decree from the Ministry of Environment and Forestry establishing the customary forest
You don’t have political support. Your claim stalls until you secure it.
You overcome these roadblocks
AND receive your customary forest rights.
You hit one of many roadblocks.
AND STILL DO NOT HAVE
CUSTOMARY FOREST RIGHTS.
Indigenous Peoples and communities spend upwards of 15 years trying to formalize their land rights; most never make it through the complex legal process. Only around 20 communities in Indonesia have received customary forest rights, covering fewer than 20,000 hectares of land.
Total time: 4–15 years
Get organized
Understand land laws, and build consensus in the community.
You may not speak Indonesian. You’re not familiar with national land laws. And there’s no NGO representative available to help.
Map your land
You don’t know what the map should include. Government officials were supposed to help, but they don’t show up.
Petition local legislature to issue a regulation recognizing your indigenous community
Convince politicians to include your petition in the legislative agenda.
Lobbying elected officials can take more than five years.
Wait for legislative committees to prepare a draft regulation; prepare supporting studies for them.
Wait while Regional Assembly debates the draft regulation.
You don’t know how to prepare the necessary technical studies or convene experts.
Wait for Regional Assembly to approve the regulation granting your community indigenous status.
You spend years lobbying politicians and organizing public consultations, but still can’t get enough votes.
Wait for government to publish the regulation in a regional journal.
A timber company claims to hold rights to your land.
Submit customary forest application to the Ministry of Environment and Forestry
Your area overlaps with a conservation zone, and you have to navigate additional steps.
Host government field visit to verify your community’s claim
The government agency is understaffed. Wait for officials to show up.
Get a decree from the Ministry of Environment & Forestry establishing the customary forest
The government agency is understaffed. Wait for officials to show up.
You hit one of many roadblocks.
You didn’t get your
customary forest rights.
You are one of 18 communities who overcome these roadblocks.
Your receive
your customary forest rights.
Indigenous Peoples and communities spend upwards of 15 years trying to formalize their land rights; most never make it through the complex legal process. Only around 20 communities in Indonesia have received customary forest rights, covering fewer than 20,000 hectares of land.
Total time: 4–15 years
Get organized
You may not speak Indonesian. You’re not familiar with national land laws. And there’s no NGO representative available to help.
Understand land laws, and build consensus in the community.
Map your land
You don’t know what the map should include. Government officials were supposed to help, but they don’t show up.
Petition local legislature to issue a regulation recognizing your indigenous community
Convince politicians to include your petition in the legislative agenda.
Lobbying elected officials can take more than five years.
Wait for legislative committees to prepare a draft regulation; prepare supporting studies for them.
You don’t know how to prepare the necessary technical studies or convene experts.
Wait while Regional Assembly debates the draft regulation.
You spend years lobbying politicians and organizing public consultations, but still can’t get enough votes.
Wait for Regional Assembly to approve the regulation granting your community indigenous status.
A timber company claims to hold rights to your land.
Wait for government to publish the regulation in a regional journal.
Submit customary forest application to the Ministry of Environment and Forestry
Your area overlaps with a conservation zone, and you have to navigate additional steps.
Host government field visit to verify your community’s claim
The government agency is understaffed. Wait for officials to show up.
Get a decree from the Ministry of Environment & Forestry establishing the customary forest
You don’t have political support. Your claim stalls until you secure it.
You are one of 18 communities who overcome these roadblocks.
Your receive your customary forest rights.
You hit one of many roadblocks.
AND STILL DO NOT HAVE
CUSTOMARY FOREST RIGHTS.
Indigenous Peoples and communities spend upwards of 15 years trying to formalize their land rights; most never make it through the complex legal process. Only around 20 communities in Indonesia have received customary forest rights, covering fewer than 20,000 hectares of land.
Total time: 4–15 years
Tulisan blog ini ditulis oleh Laura Notess, Dean Affandi, Peter Veit, Carni Klirs, Sarah Parsons dan Sophie Boehm.
