A rally held by the community of AMAN (the Indigenous Peoples’ Alliance of the Archipelago) in Raja Ampat Regional House of Representative. – Jubi/SPC

Raja Ampat Government accused to violate tenure rights over two years of land occupation

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A rally held by the community of AMAN (the Indigenous Peoples’ Alliance of the Archipelago) in Raja Ampat Regional House of Representative. – Jubi/SPC

Sentani, Jubi – The landowner of 3 hectares of the customary land asks the local government of Raja Ampat to return the land and pay the rent for two-years occupation.

The local government was permitted to use the land for two years, from 2004 to 2006, based on the mutual agreement. However, when the landowner asked the local government to return it and pay the rent, it found out the land was registered as an asset of the local government since 2007.

Following the land dispute, the customary people then brought the case to court. Here the statement declared by their legal counsel Haris Azhar from Lokataru, the Law and Human Rights Office to Jubi via WhatsApp on Tuesday (4/2/2020).

“The Local Government of Raja Ampat deprived the tenure land rights of indigenous Raja Ampat arbitrary. Therefore, Lokataru, the Law and Human Rights Office, as their legal counsel, condemns the land occupation by the local government over the tenure land owned by Hj. Salim family. The land is located in Waisai, Raja Ampat Regency. We found some facts showing the practice of deprivation over this land,” said Haris Azhar.

First, the regional government of Raja Ampat has occupied the land borrowed from the customary landowner for more than two years. It violated the two years agreement, namely from 2004 to 2006. The local government never returned the land to the customary landowner until today.

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Second, the Raja Ampat government deprived the land by proposing the Land-use certificate to the National Land Agency (BPN) of Raja Ampat which issued in 2007 and 2008.

“The local government of Raja Ampat have done it secretly without any permission and consent from the customary landowner on the transfer of the customary tenure land. The government’s action is violating the Government’s Regulation No. 24 of 1997 on the Land Registration,” he explained.

Third, the Raja Ampat government has vowed to provide compensation on the land in the hearing on the Regional Budget Revision of Raja Ampat on 20 September 2018. The compensation has been budgeting in the revision 2018. However, the Government of Raja Ampat has never paid compensation to the customary landowner.

Therefore, the government has broken its promise or conduct a fraud towards the customary landowner.
Four, the customary landowner has taken some persuasive actions and demonstrated their goodwill by visiting the government’s office and asking the Raja Ampat Regent for a dialogue on this issue. However, the local government was not willing to show their goodwill such as not giving any confirmation or explanation on the reason why they did not pay any compensation over the land.

“Based on these mentioned facts, we urged the Government of Raja Ampat, in this case, represented by the Raja Ampat Regent, to respect the law and pay attention to the rights of the customary people whose land deprived arbitrarily by the local government. Secondly, the local government of Raja Ampat, in this case, represented by the regent, to immediately solve the dispute by installing the agreed payments to Hj. Salim’s family as approved in the Regional Budget Revision Meeting of Raja Ampat in 2018,” said Azhar.

Meanwhile, Musa, a member of Hj. Salim’s family said as the customary landowner, he hopes the local government of Raja Ampat shows its goodwill to solve this issue as possible as it could.

“In the mutual agreement, the government only borrowed our land. But now they (the local government) had claimed to have a certificate on the land which issued since 2007,” said Musa by phone in Sentani, Thursday (6/2/2020). (*)

 

Reporter: Engelbert Wally

Editor: Pipit Maizier

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