31. Development policies that are oriented towards economic growth and the paradigm of land and
natural resources which are seen only as commodities have caused the state to give priority to
the use of land and natural resources to large-scale economic and development entrepreneurs.
Land and natural resources as economic commodities are exploited to increase state and
regional income. The unjust allocation of land parcels creates sharp inequalities between social
groups, thus ignoring the principles of equity, non-discrimination and justice. The granting of
exploitation permits and/or conservation programs in customary areas and the shift from
small-scale agriculture to large-scale agriculture by corporations have resulted in forced
evictions and displacement, which in turn contributes to increased migration from rural to urban
areas which further suppresses access and availability of land and housing in urban areas.
Claims on community-owned land and/or buildings as State Property (BMN) or Regional
Property (BMD) have an impact on evictions, forcible emptying of land without fair
compensation for the community and restrictions on access and availability of housing and
land.30
32. In the plantation sector, land grabbing practices are found; forced eviction; land use that is not
in accordance with its designation; the occurrence of overlapping location permits based on Hak
Guna Usaha (HGU); granting permits that are not in accordance with procedures; and permit
arrangements that ignore and even marginalize community participation. In addition, there has
been criminalization and violence against the community and human rights defenders, where
the state apparatus has in many cases been involved in these practices.
33. In August 2020, Komnas HAM received a complaint as well as a request for protection related to
the forced eviction of 70,910 m2 of land owned by residents in Pujut District, Central Lombok
Regency, West Nusa Tenggara PT. Indonesia Tourism Development Corporation (ITDC) for the
construction of the Mandalika GP Motor circuit track.31
34. The complainant views this effort as an act of taking land arbitrarily because it was carried out
without going through a process of transferring rights (selling and buying) with the owner who
legally controls the land. Furthermore, according to the information received, there were
pressures and threats from PT. ITDC is assisted by irresponsible people who force them to leave
or surrender their land.32
35. In March 2021, six UN Special Rapporteurs or Procedures released a joint statement raising the
allegations of human rights violations that occurred in this project, including forced evictions
and arbitrary land or land grabbing, against the local Sasak indigenous peoples, and intimidation
of human rights defenders.33 This communication from the holders of the UN Special Procedures
for Human Rights, apart from being addressed to the Government of Indonesia, was also sent to
30
Komnas HAM, Annual Report 2020, Promotion and Protection of Human Rights in the Time of COVID-19
Pandemic, 2021, p. 79, can be accessed at https://www.komnasham.go.id/files/20210830-laporan-tahunankomnas-ham-ri--$R1X5O.pdf.
31
The Mandalika KEK is a tourism-focused special economic zone in Indonesia covering more than 1,000
hectares along the southern coast of Lombok. It was developed by the Indonesian Tourism Development
Corporation (ITDC), a state-owned enterprise. The Mandalika complex is a $3 billion project consisting of a
Grand Prix motorcycle racing circuit, parks, and luxury hotels and resorts.
32
Komnas HAM, Press Release No: 036/Humas/KH/IX/2020, Komnas HAM Push for the Protection of Land
Rights for People Affected by the Forced Eviction in the Mandalika, NTB Special Economic Zone, 1 September
2020, can be accessed at
https://www.komnasham.go.id/index.php/siaran-pers/2020/09/01/105/keterangan-persnomor-036-humas-kh-ix-2020-komnas-ham-ri-dorong-perlindungan-hak-atas-tanah-warga-terhadap-praktikpenggusuran-paksa-di-kawasan-ekonomi-khusus-mandalika-ntb.html.
33
UN OHCHR, Indonesia: UN experts flag rights concerns over $3bln tourism project, 31 March 2021, available