Handle the Claim of Bocek Check, the Sumbawa Regency Government Shows a Wise Way to Resolve Agrarian Conflicts

JAKARTA - Entering 2026, Indonesia is still overshadowed by a classic problem that is increasingly acute, namely agrarian conflict. Referring to data from the Agrarian Reform Consortium (KPA), there were 341 eruptions of agrarian conflicts in various regions in Indonesia in 2025. This figure is up 15 percent compared to the previous year's record.

This phenomenon often involves conflicts of interest between local communities claiming to be indigenous people and companies holding concessions for high-value land, both in the plantation and mining sectors.

Mining Industry Observer Ferdy Hasiman said the use of the label "customary" now appears more frequently on the surface whenever there is a land dispute. The identity of the custom is often used as the main instrument in conducting political and economic negotiations.

However, the prevalence of these claims is a major challenge for the Indonesian government.

"The view is to distinguish which communities really have a living legal genealogy (living law), and which groups merely establish new identities for pragmatic purposes," Ferdy said in an official statement, Monday, April 6.

One of the actual examples that is of national concern is the claim of the Cek Bocek Selesek Suri Reen (CBSR) community in Sumbawa Regency. This community has filed a claim for a total of 28,975 hectares of customary land and demands a fantastic amount of compensation from PT Amman Mineral Nusa Tenggara (AMNT), a mining company operating in the area.

To solve the complexity of these demands, the Sumbawa Regency Government took a proactive step by partnering with the National Research and Innovation Agency (BRIN) and Komnas HAM to conduct scientific verification.

Legally, the main basis for the recognition of indigenous peoples in Indonesia refers to the MK Decision 35/2012, which confirms that customary forests are no longer state forests, but belong to indigenous peoples. However, the decision provides strict conditions: the existence of indigenous peoples must be demonstrably proven. This is emphasized in Permendagri 52/2014, which stipulates five mandatory elements that must be verified multidisciplinary, namely the history of origin, customary territory, customary law/law, customary wealth, and stable customary institutions.

Responding to the results of an in-depth study of the case in Sumbawa, a research team from BRIN has issued its research that the recognition of customary status cannot be done arbitrarily based only on internal community claims.

Then, verification must be carried out through triangulation of historical, archaeological, and anthropological data. In the case of CBSR, it was found that five mandatory elements of indigenous people were not consistently fulfilled, so they are more appropriately categorized as an inland social community.

The Regional Secretary of Sumbawa Regency, Dr. H. Budi Prasetiyo emphasized the importance of obedience to legal procedures. Based on the Regional Government Law, the authority to determine and recognize the existence of customary law communities lies in the hands of the regency/city government through the Regent's Decree or Regional Regulation, not based on a unilateral recognition at the village level.

This is aimed at preventing overlapping regulations and ensuring legal certainty for all parties, including investors.

"We take this proactive step to conduct scientific studies with BRIN so that regional policies have objective bases. We do not want to give recognition that is forced only because of the pressure of conflict dynamics, because it will create new injustice for other Sumbawa people," said Budi.

With the surge in agrarian conflicts that are still occurring, this case in Sumbawa is an important lesson for other regions. The government needs to be present with a strong database before conflicts escalate. A proactive approach through scientific and legal validation is the key to maintaining the sovereignty of state space while respecting the rights of indigenous peoples, so that forests and land in Indonesia are not merely a commodity of dispute under the banner of identity.