Sampit Traditional Land 179 Ha Confiscated Since 2005, Palm Oil Company Allegedly Ignores Summons

KOTAWARINGINTIMUR - Hartani, an elderly person from the Sampit traditional community, Central Kalimantan, and his attorney, threatened to take over his customary land controlled by PT Tapian Nadenggan, after decades of mediation efforts never resulted in an agreement.

Mr. Hartani (72) demanded recognition and compensation for the 179 Ha land which according to his claim was confiscated and controlled by PT Tapian Nadenggan since 2005.

The land ownership is based on a Certificate of Land Rights Based on Customs issued by the Head of Kawan Batu Village and passed by the Head of the Mentaya Hulu Sub-district in 1980.

The ownership of customary land by Mr. Hartani was strengthened by the results of a field check by the Land Inventory Team and Plant Growth in Mentaya Hulu District (Tim Sembilan) which was stated in the Minutes of Event dated July 29, 2007.

"On July 29, 2007, a field check was carried out by the Nineth Team formed by the Head of the Mentaya Hulu Sub-district, the result was that it was true that Mr. Hartani had customary land and a history of planting grew in the HGU area of PT Tapian Nadenggan", said Henri Silalahi, Hartani's attorney, in his statement Tuesday, August 26.

"Many witnesses in good faith conveyed the information and strengthened the findings of the Nine Team, including the Head of Kawan Batu Village who served in 1980 and who is currently in office, the Mantir of Pantap Village, to local community leaders", he continued.

One of the legal remedies that have been taken by Mr. Hartani is the mediation by the Head of the Mentaya Hulu Sub-district which was attended by the company and the team of Mr. Hartani on June 10, 2009.

The mediation reached a stalemate so that the Hartani legal team sent a subpoena to PT Tapian Nadenggan and threatened to close the land belonging to Mr. Hartani, who is currently in the HGU area of PT Tapian Nadenggan.

The legal team that previously accompanied Mr. Hartani had sent three summons to PT Tapian Nadenggan, basically the summons stated that the company paid compensation. However, the summons was not responded well, so the road we will take is to close the land, Ujar Febrian Muda, Attorney Hartani's attorney.

Closing the company's land is a constitutional step and has been a hereditary way carried out by indigenous peoples in Central Kalimantan. It is important to know that the land we cover is our client's land which is seized by the company according to the coordinates we have", he continued.