the Asian Infrastructure Investment Bank (AIIB) as an investor, and to private transnational
companies involved in the project.
36. Based on field monitoring and follow-up, Komnas HAM found that the parties, both residents
and PT ITDC both claimed to have ownership/control over the said land. The community bases
their rights on Pipil Garuda, IPEDA, SPPT (land taxes) and claims to have never
relinquished/transferred rights to anyone, while PT ITDC bases their rights on Land Management
Rights (HPL) issued in 2010. This means that in the same object there is overlapping ownership
and / or mastery of it.34
37. Based on the historical tracing of the origin of the 2010 HPL (Land Management Rights) owned
by PT ITDC, the object of the HPL came from the land acquisition carried out by PT Lombok
Tourism Development (PPL) or Lombok Tourism Development Corporation (LTDC) in the 1990s.
It is suspected that the land acquisition process was not clear and clean. In addition, the land
acquisition process was allegedly carried out by intimidating the community into handing over
the land, involving the security forces and other parties. From the results of document and field
verification, it was found that there were errors in the object (measurement results, field
location) and in the subject (who released, and/or received land payments).35
38. The development of the Mandalika Special Economic Zone (KEK) should be suspected as not
based on human rights principles and standards, in particular the UN Guiding Principles on
Business on Human Rights. Government and PT. ITDC as a developer concentrates more on
completing development according to the plan rather than paying attention to other aspects,
including aspects of human rights. Moreover, the area has been designated as a National
Strategic Project by the President of the Republic of Indonesia.
39. The commitment to agrarian reform even though it has been proclaimed by the Government of
President Joko Widodo in Presidential Decree No. 86 of 2018 concerning Agrarian Reform, has
not yet shown significant results, because only about 4.3 million hectares have been distributed
from the target of 12 million hectares. Komnas HAM supports President Joko Widodo's
commitment to request that the Ministry of ATR/BPN (Agrarian and Spatial Planning/National
Land Agency) withdraw HGB/HGU lands (Hak Guna Bangunan/Hak Guna Usaha) that have been
abandoned to be used for the greatest benefit for the public. On another occasion, the
President of the Republic of Indonesia in his state speech on 14 August 2020 stated that "All
policies must prioritize environmental friendliness and the protection of human rights. Speed
and accuracy are not to be confused with recklessness and arbitrariness.”36 Unfortunately, this
positive commitment contradicts the ratification of the Job Creation Law which facilitates the
acquisition of land in the name of national strategy projects or investments.
40. The official designation of specific natural resources, artificial resources, as well as national
facilities and infrastructure as supporting components as regulated in Law No. 23 of 2019 on The
Management of National Resources for State Defense potentially violate the right to own
34
Komnas HAM, Keterangan Pers Nomor: 11/HM.00/IV/2021, Sikap Komnas HAM atas Situasi dan Kondisi
Terkini Proyek Strategis Nasional KEK Mandalika,
22
April
2021,
available
at:
https://www.komnasham.go.id/files/20210422-keterangan-pers-nomor-11-hm-00-$JW1.pdf.
35
Komnas HAM, Keterangan Pers Nomor: 11/HM.00/IV/2021, op cit.
36
Annual State Speech of the 75th Anniversary of the Proclamation of Indonesian Independence, 14 August
2020,
p.
12,
available
at:
https://cdn.setneg.go.id/_multimedia/document/20200814/42434243Pidato_Presiden_RI_pada_Sidang_Tahu
nan_MPR_RI_dan_Sidang_Bersama_DPR_RI_dan_DPD_RI_dalam_Rangka_HUT_Ke75_Proklamasi_Kemerdekaan_Republik_Indonesia.pdf.