comprehensive agrarian conflict resolution through its Decree No. 9 of 2001 on
Agrarian and Natural Resources Management Reform. Komnas HAM in
collaboration with civil society organizations and academics recommend an
establishment of an ad hoc committee to resolve and massive and systematic agrarian
conflict comprehensively since 2004. Positive response from the President‟s office
began in 2012. Another positive response came from Constitutional Court through
their Cases No. 45 of 2012 and 35 of 2013 which corrected the legal status of forest
areas designation and customary forests. However, the realization of President‟s
response and Constitutional Court Decisions are unclear and it is translated to the
absence of concrete measures taken by the State party to address the increasing
incidence of land-grabbing.
16.
Komnas HAM argues the Constitutional Court Decision RI No. 35/PUU-X/2012 over
the judicial review of Law No. 41 Year 1999 concerning Forestry announced on 16
May 2013 as a significant phase in the efforts for the recognition of indigenous
peoples' existence and rights in Indonesia. In addition, Komnas HAM appreciates
efforts by the Corruption Eradication Commission (Komisi Pemberantasan Korupsi –
KPK) and Presidential Working Unit for Supervision and Management of
Development (UKP4) for their facilitation to the establishment and implementation of
a joint action agreement concerning the management of Indonesia‟s forests involving
eight cabinet ministers and the heads of four state institutions (including Komnas
HAM) in March 2013. The pact is expected to lead to a working program and a
mechanism to monitor and evaluate Indonesia‟s forestry sector including land
conflicts within the so called forest areas.
17.
Komnas HAM appreciate the initiative of the Parliament to propose the Draft Law on
Masyarakat Hukum Adat (Bill of the Indigenous Peoples Rights). The bill was listed
in the Indonesian National Legislation Program 2013 and remains in 2014. However,
Komnas HAM identified insufficient response from the Government‟s decision in
assigning the Ministry of Forestry as the Coordinator of the government team. The
Team consists of Ministry of Energy and Mineral Resources, Ministry of Home
Affairs, Ministry of Law and Human Rights and Ministry of Forestry. Komnas HAM
identified Ministry of Forestry, Ministry of Energy and Mineral Resources have
conflict of interest position in regard to the recognition of masyarakat adat and their
rights. These two institutions along with The National Land Agency and district
governments are reported as suspected human rights perpetrators in most of the land
cases complaint to Komnas HAM for several years. Thus, the President needs to
reconsider his decision to allow a more genuine and fair law making process.
18.
The extractive projects are regulated by Oil and Gas Law No. 22 of 2001 and Law on
Minerals and Coal Mining No. 4 of 2009. There has been regulation of the oil and gas
industry in Indonesia since 1960s, but this law was enacted to create “independent,
reliable, transparent, competitive, efficient and environmental friendly petroleum and
natural gas business activities.” Article 4 states that oil and gas “shall constitute
national assets controlled by the State”, which is to be controlled by the government
as the holder of the mining concession. According to Article 11(2), every joint
Komnas HAM-52nd Session of ICESCR – April 2014, page 6