Why is the Bad Legacy of Colonialism Kept Alive?

TEMPO.CO, Jakarta - Ward Berenschot, professor of comparative political anthropology with the Universiteit van Amsterdam, the Netherlands, has twice conducted in-depth studies on Indonesia. The first study done in 2012 was about Indonesia’s contemporary politics. With Edward Aspinall, a political professor from the Australian National University, Berenschot published the findings in a book titled Democracy for Sale: Elections, Clientelism and the State in Indonesia.  

Meanwhile, the second study on oil palm plantation-related land conflicts has been done jointly with three (local) research agencies and five non-governmental organizations since 2019. His team documented 155 conflicts between the communities and (palm oil) companies in Riau, West Sumatra, Central and West Kalimantan. The conflicts that claimed the lives of the locals also injured 243 people and landed 789 in prison.
The second study published in a book titled Kehampaan Hak: Masyarakat vs Perusahaan Sawit di Indonesia (Void of Rights: Communities vs. Palm Oil Companies in Indonesia) was launched in Jakarta in mid-July. “These conflicts arose because the government is not firm enough in fulfilling people’s rights,” Berenschot said to Tempo reporters in Jakarta on July 14.

Also, a senior researcher with the Royal Netherlands Institute of Southeast Asian and Caribbean Studies or KITLV, Berenschot found a similarity between the oil palm conflicts and the issues in his first study, that is, the influence of informal relations in agrarian conflict resolution. High-cost politics seemed to have created a climate that encourages dalliances between politicians and businesses.

In the interview that lasted for about an hour and a half, Berenschot explained in fluent Indonesian how the palm oil conflicts are impacting the communities, how they helped shaped the palm oil industry’s global image as well as high-cost politics and oligarchy in Indonesia.

What interesting findings did you make regarding oil palm land conflicts?

First of all, conflicts arose because the government is not firm enough in fulfilling people’s rights. Lands are often seized without the communities’ consent. Many conflicts, 57 percent of them, occurred due to profit-sharing problems in core plasma plantations. Another source of problems, 21 percent, is regulation violations by plantations or going beyond the concession borders.

Why was the new book given the title Kehampaan Hak?

Indonesia has quite a number of regulations that defend public interests including the Plantation Law that stipulates profit sharing, core-plasma plantations, and so on. In reality, though, these rights exist only officially as they are empty because they are extremely difficult to realize. There is no mechanism to stop violations after they occur. We often found violence and criminalization committed against the locals. People have the right to protest and demonstrate but on the ground, this right is ignored or seldom respected.

Why do the locals often become victims of police violence in these conflicts?

There’s often some kind of collusion or a very intimate relationship between palm oil companies and police. We found that when there were demonstrations, companies would pay the police to protect their plantations. Consequently, the police did not act neutrally in several cases. They tend to side with the companies.

Wasn’t there any resolution?

There are several ways to resolve the conflicts. First, via court. Second, via the RSPO (Roundtable on Sustainable Palm Oil). Third, mediation. But all three mechanisms are not adequately effective. People don’t want to go to court because it’s costly and cumbersome. Of the nine cases won by locals, only the two verdicts by Supreme Court judges were executed.

What about the RSPO?

People face two challenges with the RSPO. One, it’s too complex for them. We learned that 17 of 150 cases were brought to the RSPO but only a few of them were successful. Several (recommendations) were not implemented because there is no decent monitoring mechanism.

Is mediation more effective?

Of the 109 cases, only 22 were successful. They often fail so it’s not an effective route. What often happened was that people who led mediation had close ties to the companies involved, and received campaign funds or donations. Consequently, they took sides or were not neutral. Sometimes, companies did not participate (in deliberations) nor seriously seek solutions yet they never received any sanction from the local governments. We very often heard people say, “Where else should we go? We’ve tried everything. We sent letters, went to mediation, staged demonstrations, and sometimes went to court. We don’t know what else to do.” One of my hopes is that this book would motivate people to build more effective mechanisms.   

How come companies dare ignore the regional governments?

There are several reasons. One is collusion. Some of the incidents have been proven in court. That’s very common. But there are not enough formal sanctions either. The regulations do not provide adequate authority to the regional governments to impose sanctions on corporations.

Because the government doesn’t have the authority to revoke permits?

It’s difficult to revoke permits because it can be sued. But also because there are no administrative sanctions or mechanisms for that. That’s the government’s weakness. But there are many sanctions for the public.

Can we still pin hopes on non-governmental organizations?

Actually, several NGOs are involved like dishonest NGOs that like to meddle for profits. But there are also many good NGOs that work honestly to help people. But only a few NGOs are actually present in conflict areas. There are also some LBHs (legal aid agencies) but their capacity is limited.

We saw that NGOs could be positively impactful if they liaise with international NGOs. In several cases, international NGOs managed to pressure the clients of palm oil companies. As a result, there are indications that companies began to negotiate and mediate seriously leading to practical solutions.

Are there examples of land dispute cases that were eventually settled?

There are several cases with different patterns. One was in North Sumatra. Another success story is the (resolution of the dispute) between Perkebunan Nusantara (PTPN) V versus the Senama Nenek community that lasted 23 years.

What’s unique about that case?

It could be settled because the locals were quite smart and actively lobbied the Indonesian Democratic Party of Struggle (PDI-P) and Joko Widodo. They managed to meet Jokowi in a hotel lobby and explained what happened. Jokowi later invited them to the State Palace. He eventually ordered the ministry to return the PTPN V land to the locals who later even received land certificates. This is a unique case. Even though it was a success, it is still regrettable because the dispute was not settled via legal procedures. It was settled through informal relationships. They vowed to campaign for him during the elections. That was an exchange of favors.

What about the role of the central government?

The Jokowi government is now making efforts to expedite conflict resolution, like (issuing) the presidential decree on conflict resolution, and giving land certificates. These are great initiatives. But I don’t see the impact, particularly a conflict resolution team, at the lower level.

What is the root of these oil palm plantation land conflicts actually?

One of the causes began 150 years ago when the Dutch colonial government, my ancestors, ratified the domain principle in the Basic Agrarian Law. This principle stated that all the land that was not officially owned by any individuals became the domain of the state or the state land. Consequently, the state-controlled a lot of land. There were some changes after the independence but the pattern remains the same. In Indonesia, 63 percent of the land is controlled by the state. A lot of people don’t have the right over their land. 

Read the Full Interview in Tempo English Magazine

Click here to get the latest news updates from Tempo in Google News