A Citizen Lawsuit by Community of Teluk Meranti against the District Head of Pelalawan and Minister of Forestry Indonesia. The case is about the Timber Plantation Permit of PT RAPP 327/2009.

Supporting Team for Kampar Peninsula Rescue (TP2SK) is a group of NGOs that concern and struggle to save Kampar Peninsula. The NGOs within TP2SK are Walhi Riau, Jikalahari, Scale Up, Greenpeace SEA, KBH Riau, LBH Pekanbaru, Kaliptra Sumatera, Kabut Riau and TII Riau. TP2SK facilitate the community of Teluk Meranti to execute lawsuit against the government (Minister of Forestry, Zulkifli Hasan and District Head of Pelalawan, Azmun Jaafar) who award the permit and issued recommendation to support the permit of Timber Plantation for PT RAPP.
The community that facilitated by TP2SK are Effendi, Jasri, Abdul Malik, M. Nasir and H. Rusman, these people are the community of Teluk Meranti.

After the mediation process on January 9, 2012 did not meet any agreement on the lawsuits by the community, the process continued with trial process at the state court in Pelalawan District. The citizen that represented by a group of lawyers from Riau Legal Aid Office (KBH) and Legal Aid Pekanbaru (LBH), they are Ali Husin Nasution, SH, Suryadi, SH, Alamsyah, SH, Alvon Kurnia, SH, Jun Erick David Sianturi, SH, Daud Frans, MP, SH, Hotman Parulian S, SH, and in the first trial the citizen only represented by one lawyer, Ali Husin Nasution, SH.

This lawsuit is one of the reactions by the community as the impact of the permit 327/2009 and cost lost as stated in the lawsuit document, as follows:

1. Changes of Temperature around the village area
2. Wildlife entrance the village and cause fears among the villagers
3. Extinction of river ecosystem as the cause of peat water that released to the river and the villagers can not use the river for their livelihood
4. Threats to villagers livelihood as Rice farmers around Kampar Peninsula
5. Disappearance of Livelihood of unprotected wildlife hunting
6. Extinction of Forest Yield, for instant Rottan, Resin Tree, Honey Bees etc

This lawsuit is demanding the government (Minister of Forestry and District Head of Pelalawan) to REVOKE the Permit 327/2009 of PT RAPP Timber Plantation.
After this reading process, the court asked the defendant to respond this lawsuit. However, the defendants request for two weeks period to prepare their respond against the lawsuit by the prosecutor.

According to the statement of the citizen lawyer, Ali Husin Nasution, SH, the defendant very confident this lawsuit will be denied and will respond with the statement that they had followed the procedures established by the government.

Muslim Rasyid, Coordinator Jikalahari made a statement for Rumah Pohon “This addition of permit area of PT RAPP is frought with problems, this permit violates the regulations. And this Addition of Permit Area is the third changes after the second one in 2004 and has to be cancelled and authorized the second changes of the permit, Because this third changes of permit area found too many controverses and destroying forest and peat area ecosystem and disturbing the community livelihoods. This 327/2009 also contradicts with the President Susilo Bambang Yudhoyono commitment in reducing emission to 26 % in 20014, because this 26 % is coming from the contribution of forest and peat area protection”.  

(DK)

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After a month stand in front of The House of Representatives in Jakarta, with rudimentary tents, the community of Pulau Padang has to experienced intimidation from the police force civil service (Satpol PP).

Protest that had been planned by the community of Pulau Padang has failed due to deterrence of mass on the entrances of the small ports in Selat Panjang. The Ambush carried by a group of 400 people and spread out at the small ports to stop the community of Pulau Padang to execute their protest at the district government office in Selat Panjang. Information from the field saying that estimated about 3500 people of Pulau Padang using wooden ships could not enter the city of Selat Panjang.

With the deterrence of mass by irresponsible group and being politicized, we hope the authorities could anticipate this situation.

From Jakarta, Isnadi Esman, the coordinator of Pulau Padang Rescuer, Monday (16 January 2012) made a statement regarding the situation in Pulau Padang, “I emphatically stated that the Pulau Padang Community only demand a recommendation of revision on Permit 327/2009 that will exclude Pulau Padang Block of the Timber Plantation Permit of PT RAPP (APRIL Group), and not to burn the city of Meranti“.

Meanwhile, from the post of Pulau Padang group in front of House of Representative Building, Jakarta, Monday, 16 January 2012, at 2 o’clock in the afternoon, Police Chief of Tanah Abang, AKBP Johansen Simamora with his men about 10 personnel, brought a letter from the House of Representatives signed by House of Representatives Secretary General Nining Indra Shaleh, M.Si, on 13 January 2012. The letter is an instruction to disperse the masses of Pulau Padang that has more than a month occupy the main gate of the House of Representatives Building.
Back Isnadi Esman made a statement regarding this condition “We deplore the act of the House of Representatives which is suppose to help us in solving the problems in Pulau Padang, instead of disperse the community who still stand to get the concrete resolution regarding the Timber Plantation of PT RAPP “.
However the Police suggested the group to move to the other gate, because they don’t have any order to disperse this Pulau Padang group from the Indonesia Chief of Police.

An hour after the police visited the group, at 3 o’clock in the afternoon, 15 personnel of Police Force Civil Service (Satpol PP) came to the tents of this group and tried to disperse the group by force, but then the Pulau Padang people was alert by preparing 10 tubes of 3 kilogram gas, and each of these tubes held by each men and ready to explode it and burn themselves.

Proper completion, quick, fair and wise is needed in resolving the conflicts in Pulau Padang. Indonesia Constitution 1945 Article 33 mandates the use of natural wealth for the welfare of the people, and the government became the manager of this natural wealth.

Contributors:

- Masita Riany

- Jefri Hidayat

(DK)

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Today, 16 January 2012, the community of Pulau Padang will continue their protest against the policy of the government which issued the permit of Timber Plantation for PT RAPP (APRIL Group) in their area for 41.205 Hectares. Protest after protest has been executed by this community, started in their area in Pulau Padang, Kepulauan Meranti District, Riau Province, and then in front of the regional parlements office in Pekanbaru, then hunger strike in front of the House of Representatives in Jakarta, and now they will have 6000 people of Pulau Padang are about to do another protest in front of the District Head Office of Kepulaun Meranti.  

This protest is followed after the lack of response from the district government on the recommendation to review the Timber Plantation Permit of PT RAPP in Pulau Padang.

However, from reliable source mentioned that there is another group that will also hold a demonstration on the same day, 16 january 2012. This group is the people who support the timber plantation of PT RAPP in Pulau Padang. And this group also plans to confront the Anti-PT RAPP group by using any means.

Very regrettable if there is disunity in the community related to licensing of PT RAPP. Hopefully does not happen the things or even casualties on both sides of communities.

For all interests concerning safety and community welfare, the government should pay more attention to what is actually happening at the community level of the impact from the policy being made, especially the community that lives around the forest and or even around the area with concession permit on it. Conflicts that often occured between the community and company or even between the community and government are caused by the inconsistency of the implementation of regulations, law and even policy.

It is also expected for a better understanding by the company to the level of pressure among the community. By the concession area that they have today, should be more lead to intensification of production capacity and the carrying capacity of their concession area in meeting the needs of raw materials, and not to expand the concession area. And by the resource that company’s have, experties in plants, environment, area management water management etc, its enough to find a better way of operation and survive with the relevant production capacity on the existence concession area without having an expansion.

For Paper consumer, to be selective on your paper product, the certifications, green marks on the package and even commercial media are not always an answer to put a trust for a health and sustainable products.

(DK)

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A meeting of almost 30 People took place in Walhi Riau Office at 10 January 2012. These people came from around 18 organizations, from NGOs, Civil Society and also Student groups. This meeting is the forming of Joint Secretariat of NGOs, Civil Society Organization and also Student Groups in Riau. Joint secretariat is formed as the concerns of violence in several regions in Indonesia related to natural resources conflict and agrarian conflicts.

The meeting is also planned a creative and peaceful action in Pekanbaru. The action with theme “Restore the Rights of The People of Indonesia” will be done by Long March for approximately 10 Kilometer on the main road of Pekanbaru, Riau.

This Long March is the first action and or joint activity in the Joint Secretariat, and it will be coordinated by Hariyansyah Usman (Director of Walhi Riau) and will take place on 12 January 2012. Approximately 150 people will participate in this long march. Long March will also be filled with theatrical action which will illustrate poor handling of agrarian conflict by government in Indonesia.

This Long March will also make speeches in front of several govenrment office and judicial offices of provincial level in Pekanbaru. Riau Police office, regional parlements, Forestry administration, Plantation administration, National Land Body, Governor office and Attorney office are the offices that will be the target for oration of this Joint Secretariat.

Meanwhile, in Jakarta, the same meeting took place on 9 January 2012 by 26 Organizations, they are from NGOs, civil Society organizations and also student groups, by the same plan of action and theme “Restore the Rights of The People”. Consolidation of these NGOs, Student and also civil society organizations will also conduct action on 12 January, on the exact same date as it plans in 27 other provinces in Indonesia. Mass Target of this action in Jakarta is 17.000 people.

Based on the note of the Joint Secretariat meeting in Jakarta and Pekanbaru, demands in this action are as follows :

1. Stop forms of Land Grabbing and return the grabbed People’s land.
2. Execute True Agrarian Renewal that appropriate to Constitution 1945 and dan UUPA 1960
3. Withdraw TNI/Police from agrarian conflict area.
4. Implement Legal Audit and Social Economy against all Rights of Cultivate (HGU) of Plantation, Rights to Build (HGB), Decision Letter of Timber Plantation (HTI) and Logging concession (HPH), Mining Permit (IUP) both for Private Investment and Government Investment (BUMN).
5. Liquidate Perhutani and provide wider rights for the people, villagers and indigenous people in forest management
6. Farmer’s Rights enforcement by authorize Draft of Farmer’s Rights Protection and Draft of Food Sivereignty as the people’s demand.
7. Enforcement of Indigenous rights through Authorizing Draft of Recognition and Protection for Indigenous Rights
8. Restore Rights and Village authority by establish immidiately the Village Law Draft that aims to restore restore the rights and village authority in terms of economy, politic, law and culture.
9. Enforcement of Labor Rights by Suspend Low-Wage politic and Out Sourcing system and build National Industrialization
10. Enforcement of Traditional Fisherman’s Rights through protection of Traditional Fisherman Fishing Area
11. Cancellation of amount of Law which cause land grabbing
    

(DK)

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Teddy Hardiyansyah, Executive Director of Kabut Foundation and Dede Kunaifi, Director of Rumah Pohon Indonesia are talking about the recent developments related to licensing conflicts PT RAPP in Pulau Padang.

The Indonesia Ministry of Forestry through its General Director of Forest Business Development, Dr. Ir. Iman Santoso issued official letter 5.3/VI-PHPU/2012, a suspension of PT RAPP operation in Pulau Padang. According to the Chief of Forestry Administration of Kepulauan Meranti District, Drs. Mahmud Morod as his statement in one of the local online news, mentioned that the suspension of PT RAPP operation in Pulau Padang is to give space and time for the Team, formed by the Minister of Forestry, for research and get data and information related to the timber plantation permit of PT RAPP in Pulau Padang.

Different effort made by the Minister of Forestry, which is forming a Team that took on the task of conducting Desk Analysis of data and information of Timber plantation permit and local community demand, collecting and analyse facts, data and information on the field, collecting input from various field experties related to the community demand, conduct meeting with various stakeholders related to local community demand, conduct mediation to the local community and reporting the result of the work to the Minister of Forestry on week 4rd at the latest. The team that formed on December 27 2011 by the Indonesia Minister of Forestry, Zulkifli Hasan, called Mediation Team whose members consist of:

1. Andiko (Presidium National Forestry Council (DKN)-Chairman of HUMA Organization/NGO)
2. Ir. Timbul Batubara Msi (Head Sub-Directorate Work Plan and Production of Directorat General of Forestry Business Development)
3. Dr. Ir. Edi Batara Siregar (Presidium National Forestry Council (DKN)-Lecture North Sumatera University (USU))
4. Jomi Suhendri (National Forestry Council (DKN)-Community Representative)
5. Ir. Iman Harmaen MBA (National Forestry Council (DKN)- Indonesia Forestry Entrepreneur Association (APHI))
6. Ahmad Zazali (National Forestry Council (DKN)-Scale Up Riau/NGO)
7. Dr. Ir. Wawan MP (Independent Expert Team of Post Evaluation on Eco-Hydro Plan in PT RAPP Comcession on Peat Area – Semenanjung Kampar Ring, Riau-Lecture of Riau University)
8. Ir. Agus Setiadi (Task Executor of Preparation of Forest Area of General Directorate Forestry Planning)
9. Element of Riau Province Forestry Administration
10. Element of Local District Government
11. Head of Local Sub-District

This Mediation Team is also not welcomed by most of the Pulau Padang resident. Word of “Mediation” becomes the key point for this reaction from the community, until now this team considered will only provide a resolution that will not significantly influence or even answer the Pulau Padang resident demands,. Indication of the resolution from this team that only leads to Agrarian Conflict resolution, where only a process of compensation on the overlapped community’s land with the PT RAPP concession and its not become a reason for this people to stop their demand of rejecting the PT RAPP operation in Pulau Padang.

This Mediation Team that formed by the Minister of Forestry should be a messenger of the community voice to the Minister of Forestry related to the higher demand but also has to be with uncontested data and information. Therefore, community rejection based on uncontested data and information could be a recommendation of review or even revoke the Timber Plantation Permit of PT RAPP, and it will be delivered by this Mediation Team to Minister of Forestry.

As a team tasked with colllecting data and information on the field regarding the problem of Timber Plantation permit of PT. RAPP in Pulau Padang that will reported to Minister of Forestry and become a material to formulate the solution of the conflict and based on their findings, the minister of forestry should be scheduled for a visit to the area.

On the other local online news, Distrcit Head of Kepulauan Meranti, Irwan Nasir said that the revocation of SK 327/2009 for the Timber Plantation Permit of PT RAPP is not possible as the demand of most of Pulau Padang Residents, because in the same permit, it is also included the other area in different district administration in Riau Province.

And Irwan Nasir also said that he had sent a letter to the Minister of Forestry, Zulkifli hasan, about a needs to review the timber plantation permit of PT RAPP on SK 327/2009. And once again, different administration area  in Riau Province that there located the PT RAPP permit became new reason for the Minister of Forestry in refusing to review or even revoke the permit.

After several other reasons made by the Minister of Forestry in his effort of denying to answer the demand of Pulau Padang residents, which are the statement of Pulau Padang is empty island, Indigenous People issue and “throwing power” needs recommendation from District Head and Governor to revoke the permit, this time the minister of Forestry use different administration area as the reason of not possibility of the revocating of PT RAPP Timber Plantation permit in which is not logic, since the permit of SK 327/2009 is a compounding of all existed timber plantation permit of PT RAPP and added with the expansion in June 2009, included Block Tasik metas and Block Sungai Kampar and also Block Pulau Padang, which are administratively included in three different District area, Pelalawan, Siak and Kepulauan Meranti. The question is, “why in the compounding process of several permits that located in different administration areas so easy to be accomplished, meanwhile to review the same permit is something that difficult to take place???”

Another interesting thing is that to date there is no statement from PT RAPP and or APRIL Group regarding the update situation related to their permit in Pulau Padang. After before statement came several times from PT RAPP and even APRIL Group, for example as quoted from www.jakartaglobe.com  by RAPP president commissioner Tony Wenas, he said on Thursday that the protesters’ accusations toward the company were not clear.
“We’re not even sure if the protesters are actually from Pulau Padang or not,” Tony said. “For all we know, there are ex-cons among the protesters.”

* Kabut Foundation is an NGO based in Riau, formed in 1998. This NGO focus on social-community Issues and also campaign on Paper Industry in Riau and Indonesia.

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In Jakarta the 28 protestors from the island camped out at in front of the House of Respresentative, the protests to revoke permit no. 327/2009 for PT RAPP, part of the APRIL group based in Singapore, continues. The aim of the demonstrations were to raise public awareness to government and the wider audience on the conflict itself.

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One protest to another continue for the rejection of Timber Plantation permit of PT RAPP in Pulau Padang.

Still ongoing and not yet answered of hunger strike action in Jakarta by the Pulau Padang people, and now few days to the end of 2011, December 27 2011, 4000 people of Pulau Padang, men, women and children using 8 large size boats and 300 motorcycles  to Selat Panjang and conduct demonstration in front of District Government Office of Kepulauan Meranti. These people comes from different Villages in Pulau Padang that demand for Head District of Kepulauan Meranti recommendation for the revocation of PT RAPP Timber Plantation  permit in Pulau Padang.

Latest information from the field say that the District Head currently does not in Kepulauan Meranti but in Jakarta. And according to the same source, the coordinator of the action will keep doing this action until their demand is answered.

This refusal action on Timber Plantation permit of PT RAPP will continue to happen as long as no definite action by the Government to resolve the conflict between People of Pulau Padang with the company. Hopefully this action does not end in violence as happened in the conflict in several regions in Indonesia.

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