Community groups of Dayak Misik struggle for justice, well-being and sustainable forestry in Central Kalimantan

Customary Law Communities, hereinafter referred to as Dayak Indigenous Peoples throughout the island of Kalimantan in general, particularly in Central Kalimantan, are currently experiencing a very fundamental problem, namely related to ownership rights to customary lands and customary forests when viewed from the point of national law.

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COMMUNITY GROUPS OF DAYAK MISIK STRUGGLE FOR JUSTICE, WELL-BEING AND SUSTAINABLE FORESTRY IN CENTRAL

KALIMANTAN

Siun Jarias

Faculty of Law, Palangka Raya University, Palangka Raya, Indonesia

ABSTRACT

Customary Law Communities, hereinafter referred to as Dayak Indigenous Peoples throughout the island of Kalimantan in general, particularly in Central Kalimantan, are currently experiencing a very fundamental problem, namely related

to ownership rights to customary lands and customary forests when viewed from the point of national law The Dayak Indigenous people who live in rural areas of Central Kalimantan, where their ancestors have been inhabiting these villages for hundreds of years However, their customary lands and forests since 1945 up to 2019, have not yet received recognition, protection and legality from the state This paper describes efforts to preserve life and its tradition

Keywords: Dayak, indigenous people, customary lands, tradition

Cite this Article: Siun Jarias, Community Groups of Dayak Misik Struggle for

Justice, Well-Being and Sustainable Forestry in Central Kalimantan, International Journal of Management (IJM), 11 (3), 2020, pp 242–246

http://www.iaeme.com/IJM/issues.asp?JType=IJM&VType=11&IType=3

1 INTRODUCTION

Central Kalimantan Province with an area of 153,564.5 square km, with a population of 2,605,274 inhabitants, with a density of around 16.96 inhabitants / Km2 It consists of 13 regencies, 1 city, 136 sub-districts, 139 sub-districts, 1,432 villages and 87 areas Peoples of Dayak as indigenous people reach 46.62% or 1,214,579 people The Dayak Indigenous people, which are still thick with traditional patterns of life, inhabit around 1,000 villages in the interior (upstream of the river), where the condition of the forest is still relatively maintained

Article 18 B paragraph (2) of the 1945 Constitution reads; "The state recognizes and respects the customary law community units and their traditional rights as long as they are still alive and in accordance with the development of the community and the state of the Unitary Republic of Indonesia as stipulated in the law" But until now the law specifically

"Lex Specialis" on customary law communities, has always failed to be passed by the parliament (DPR-RI)

On the other hand, the management space or living space for the Dayak indigenous people

in Central Kalimantan is increasingly dynamically narrowing from year to year This is as a result of the expansion of investment in the fields of Forestry, Mining and plantations that are increasingly out of control As a result, living space and management space become increasingly narrow, traditional rights to extinction, shifting cultivation traditions are increasingly "prohibited by burning" While the pattern of solutions as a substitute model has not been found

To answer all the problems mentioned, the Dayak Misik Farmer group is present to offer and fight for solutions, so that the Dayak Indigenous Peoples can continue to live happily and prosperously even though, on their ancestral land, Tanah Kalimantan Dayak Central

2 DAYAK TRIBE IN CENTRAL KALIMANTAN

The ancestors of the Dayak tribe, inhabited and lived on this Borneo-Kalimantan land, long before the birth of the Republic of Indonesia That is why the Dayak tribe is referred to as the indigenous people of the island of Borneo Likewise, the ancestors of the Dayaks who inhabited the "Land of Dayak" in Central Kalimantan, e.g Tambun Bungai, Rambang Ringkai, etc Furthermore recorded in local history, that Damang Batu with the support of the Dutch Colonial, held a Peace Meeting in Tumbang Anoi in 1894

Furthermore, entering the era of the Unitary Republic of Indonesia, descendants of the Dayak tribe fully joined the Republic of Indonesia with joy and hope to achieve a better life,

as the ideals of state life are contained in the four pillars of state life, namely; Pancasila, 1945 Constitution, Bhineka Tunggal Ika and NKRI

Some foundation; basic, constitutional and formal legal norms which become the "Spirit

of Optimism" of the struggle and programs for the Welfare of the Dayak Indigenous Peoples include: (1) Pancasila, (2) Opening of the 1945 Constitution, (3) Article 18B of the 1945 Constitution paragraph 2, (4) Article 28 I paragraph 3, (5) Article 33 of the 1945 Constitution, (6) Law No 5 of 1960 concerning UUPA, (7) article 67 of Law No 41 of 1999 concerning Forestry, (8) Constitution court Decree No 35 of 2012, that customary land outside state forests, (9) Local regulation No 16 of 2008 concerning Dayak Customary Institutions in Central Kalimantan and (10) Governor regulation No 13 of 2009 concerning Customary Land and Customary Rights on Land in Central Kalimantan

The common struggle of all the nation's sons to expel the invaders and establish an independent state has been realized on August 17, 1945 Furthermore, we are struggling to fill independence with various forms of physical and non-physical development, which have also been carried out since the beginning of independence until today, in order to realize the ideals life as a state, "NKRI" namely; A safe, peaceful, prosperous, just and prosperous society

In the beginning, the Dayak Indigenous Peoples of Central Kalimantan, fully believed and waited and accepted all development programs designed only from "Above" However, after being lived, felt, understood and witnessed by the reality in the life of the Dayak people, especially those living in rural and rural areas, it turns out that there is a principal part that has been neglected, namely related to rights to land, forests and land In Central Kalimantan today there are 258 villages that live in their villages This is because 80 - 90% of the village area has been occupied for the benefit of investors (HPH, Mining and PBS / Oil Palm), transmigration and other developments This continues and is very dynamic In these villages traditional rights are dynamically threatened to be destroyed, such as rights; (1) hunting, (2) gathering, (3) collecting forest products, (4) farming / farming, (5) magical / religious magical All of the ancestral inheritance has disappeared without a trace On the other side;

although natural resources (Alpian et al., 2018; Jaya et al., 2018; Mangkoedihardjo, 2010; Samudro and Mangkoedihardjo, 2012), which are abundant in Central Kalimantan have been exploited on a large scale since the 70s until now 2019, apparently not directly proportional to the welfare of the indigenous Dayak people as indigenous people in Central Kalimantan The Dayak Indigenous Peoples have not fully received a sense of justice, prosperity has not yet been realized, even the forest as a place of traditional rights and environmental preservation, dynamically leading to destruction

There are at least five modes experienced by the Dayak Indigenous people in rural and remote areas related to the acquisition of land, forests and land by Investors, namely through; convocation, rope, compensation, sale and purchase and just taken The final result; the land, forest and land were transferred from the control of the Dayak Indigenous Peoples, together with the loss of all traditional rights on land, such as; the right to hunt, gather, collect forest products, plant or farm, even including the disappearance of magical religious symbols of

ancestral heritage, such as; Sandung, sapundu, grave, pahewan, sacred, patahu, sepan, antol

and so on

3 DAYAK MISIK FARMER GROUP

Observing the above facts and after attending the Declaration of September 1, 2014 at the Republic of Indonesia's Vice Presidential Palace, on the Recognition and Protection of the Customary Law Community with all its traditional rights, awareness emerged of the Central Kalimantan Indigenous Dayak Community "Misik" through the Dayak Indigenous Council, with " Propose "a program that is bottom up from the community to the Government, Namely the Program; Dayak Misik Farmer Group, which focuses on 3 (three) basic things, namely: (1) Request the Government and regional government to give recognition, protection and legality of the land, forest or 5 ha / household land in their respective villages, in the form of giving away certificates for free or in other forms such as HGU, HTI, HTR or other names (2) Request the government and regional government to provide recognition, protection and provide legality of at least 10 ha of customary forest in each Dayak Misik village, in their respective villages, or to join in one village in the same area

(3) The 5 ha / household land referred to after being established / acknowledged and given legality, is requested from the government and regional government, so that it can be facilitated to cooperate with investors in the form of partnership, so that it becomes productive

as a source of family income While the Customary Forest, in order to be facilitated to remain sustainable as a forest as the original

The big dream of this program is that after the 5 ha / household land is made productive as

a result of partnerships with investors, all the households have received a certain income then all members of the Dayak Misik Farmer Group have been freed from poverty All administrators and members of Central Kalimantan Dayak Misik Poktan feel optimistic that this program will be responded positively by the Government and regional government including investors This optimism is quite reasonable Why has natural resources in the Dayak land of Central Kalimantan (land, forests and land) been almost completely given to capital owners, transmigrants and others If they are allowed, of course when the Dayak Indigenous Peoples ask for their share, of course they can because they are also Indonesian citizens, even as indigenous people In essence, the Dayak community must get its fair share,

in order to create prosperity, and to maintain the preservation of some forests as a healthy environment As well as contributing to support the United Nations program on climate change

The management and members of the Dayak Misik Poktan have made various efforts, both internally and externally Internally, efforts have been made to form the management of

the Dayak Misik Poktan in each village to the interior, (currently reaching 800 villages) from the target of 1000 villages, holding meetings, socializing and determining the location (mapping, pegging, making SKTA / SKT, point coordinates, etc.) Externally, it has conducted socialization, consultation, coordination, meetings, submitted requests to the BPN, MoU with potential investors, faced government officials, even faced relevant ministers to face the President of Indonesia - Mr Joko Widodo The culinary shoots arrived; Mr President Joko Widodo, is committed to encouraging local people to achieve progress and prosperity, through the Nawa Cita Program There were two important sentences delivered by the President when he received the Dayak Misik Team at that time (6 November 2015 in Palangka Raya); (1) Prove that the Dayak Misik Farmer Group Program is indeed the request

of the Dayak Indigenous Peoples, (2) If the people ask for it and the rules do not yet exist, then the rules will be made

The Nawa Cita Program, specifically political commitment through Agrarian Reform; that the government will provide recognition, protection and legality of 21.7 million hectares of land, forests or land for the community, especially for 31,000 indigenous villages that have been legally declared to be living in forest areas The direction of the distribution of land legality covers 9 million ha through BPN certification and 12.7 million ha through KLH (Director General of Forestry Ministry of Environment / March 21, 2017)

This Dayak Misik Poktan Program is a program to "Free" the Dayak Indigenous Peoples from poverty, ignorance, marginalization, exclusion or even being driven out of their hometowns on the Dayak land of their ancestral heritage In accordance with the mandate of

the Central Kalimantan fighter, Mr Tjilik Riwut: "Ela tempah plots but manana sare, ela tempa kajang but can be loaded, ela tempah uyah but Batawah strokes"

The realization of the objectives of the Misak Dayak Farmers Group Program is believed

to depend on political commitment, goodwill and goodwill of the Central Government and Regional Governments in this case the Governor, and the Regent / Mayor If the Government and Local Government want to make a "Breakthrough" as is done for the citizens of Transmigration, then this program can definitely be realized The issue of customary land ownership rights and customary forests for the Dayak Indigenous Peoples, the solution is the

"Necessary State Present" If the Dayak Misik Poktan Program is realized, then: a sense of justice will be fulfilled, welfare will increase, harmonious relations with investors, state revenues from the tax sector will increase, farming by burning will gradually be abandoned, customary forests will be maintained and a healthy environment will remain sustainable The Central Government, in this case Mr President of the Republic of Indonesia, has responded positively to the proposals of the Customary Law Community, especially the results of the meeting between the core management of the Dayak Misik Poktan with Mr President Joko Widodo on November 6, 2015 in Palangka Raya This also acts as an implementation of the Art 18 B The 1945 Constitution which so far has only been dreaming about, has not yet descended into the Dayak Land of Central Kalimantan The positive response from the Central Government was manifested in the form of: (1) Ministry of Environment Decree No 180 / MENLHK / SETJEN / KUM.1 / 4/2017, Concerning Indicative Maps of Forest Area Allocation for Provision of TORA Sources, (5 / 4- 2017), and (2) President decree No: 88 of 2017 concerning Settlement of Land Tenure in Regions Forests, (date 6 / 9- 2017) However, the implementation for the Dayak Indigenous Peoples who are members of the Dayak Misik Poktan in Central Kalimantan, apparently has not yet produced the expected results

Since it was declared in Tumbang Anoi on October 3, 2014 at the Pumpung Hai event with Governor Agustin Teras Narang, SH to this day, the Dayak Misik Poktan Program has received tremendous welcome from all Dayak Indigenous Peoples throughout Central

Kalimantan who are already "Misik" or aware of as a native, but they have not received a fair share of the natural resources inherited from ancestors in their respective village areas

4 CONCLUSION

That the Dayak Misik Poktan Program is one of the "Breakthroughs" of the Dayak Farmers Rescue Program "shifting cultivation" by burning, from poverty, ignorance, backwardness, oppression, marginalization and expulsion from the ancestral lands In this case the state must

be present to give a positive response The Dayak tribe as a native must stop positioning themselves only as spectators and surrender, must be changed to participate as players When the other party is excited and partying to enrich themselves by exploiting the natural resources that are abundant in Central Kalimantan on a large scale (even unclear whether legal or illegal), the Dayaks must also be pro-active in demanding their share for justice, welfare, peace , harmony, the preservation of customary forests, dignity and dignity

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