neighborhood organization consisting of 2–4 RT), and people who own the
adjacent land.
Local governments such as the sub-district and villages are warned against
issuing SKT and other documents. For example, the Circular Letter of the Governor
Riau Province in 2005
10 said that it would not tolerate the issuance of SKT in the
state forest area (Detikfinance 2005, May 2). The governor and administrators of
Indragiri Hulu district said, “Head of the sub-districts and the secretariat of the
villages, please be careful . . . issuing the SKT, refrain from issuing SKT in the state
forest area. SKT and certificates that have been issued for land in the state forest area
would be invoked if there are administrative mistakes according to the regulations as
provided by the Forestry Act of 1999” (Mediacenter.riau.go.id 2018, January 22).
As mentioned earlier, the Forestry Act of 1999 added the stipulation that persons
were prohibited from cultivating and/or making use of and/or occupying the state
forest area illegally (Article 50 [3]).
According to the Forestry Act, and government and local government policies on
land rights in the state forest area, most of the letters that local people have could
very well be invalid. Such conditions have brought about the insecurity of the land
rights in the peatland area, especially in the state forest area.
As has already been made clear, before the Agrarian Act of 1870 or the idea of
woeste grond (waste land) that can be given through concessions to companies, the
Sultan had allowed local people to clear land as long as they paid dues to the sultan
or the community chief. This practice has been found in the peatland area on
Bengkalis Island at the beginning of nineteenth century. Land clearing has also
been conducted at the research site since the 1930s. People have made use of this
land for planting dry rice, pinang, coconut trees, and rubber trees. Since the 1990s
and the 2000s several local people started to plant oil palm, many of whom secured
letters of land right such as SKT, SKGK, or a land certificate.
23.4.2 Towards Agrarian Reform of Peatland
At the beginning of the reform era in 2001, the People’s Representative Council
(MPR) adopted resolution TAP MPR No. IX/MPR/2001
11 concerning the Renewal
of Agrarian and Natural Resources Management. The resolution stipulates that
agrarian renewal covers the process of pursuing legal security and protection for
all people concerned. In 2012 the Constitutional Court ruled in its decision No. 35/
PUU-X/2012
12 that the customary community forest (hutan adat) is located in the
customary area (wilayah adat) and not in the state forest area (hutan negara). To deal
10 Surat Edaran Gubernur Riau, No 522/Ekbang/35.27 tertanggal 14 December 2005.
11 Ketetapan Majelis Permusyawaratan Rakyat No. IX/2001 tentang Pembaruan Agraria dan
Pengelolaan Sumber Daya Alam.
12 Putusan Mahkamah Konstitusi tentang Tanah Hak ulayat Masyarakat Hukum Adat.
23 Land Tenure on Peatland: A Source of Insecurity and Degradation in Riau, Sumatra
645
adjacent land.
Local governments such as the sub-district and villages are warned against
issuing SKT and other documents. For example, the Circular Letter of the Governor
Riau Province in 2005
10 said that it would not tolerate the issuance of SKT in the
state forest area (Detikfinance 2005, May 2). The governor and administrators of
Indragiri Hulu district said, “Head of the sub-districts and the secretariat of the
villages, please be careful . . . issuing the SKT, refrain from issuing SKT in the state
forest area. SKT and certificates that have been issued for land in the state forest area
would be invoked if there are administrative mistakes according to the regulations as
provided by the Forestry Act of 1999” (Mediacenter.riau.go.id 2018, January 22).
As mentioned earlier, the Forestry Act of 1999 added the stipulation that persons
were prohibited from cultivating and/or making use of and/or occupying the state
forest area illegally (Article 50 [3]).
According to the Forestry Act, and government and local government policies on
land rights in the state forest area, most of the letters that local people have could
very well be invalid. Such conditions have brought about the insecurity of the land
rights in the peatland area, especially in the state forest area.
As has already been made clear, before the Agrarian Act of 1870 or the idea of
woeste grond (waste land) that can be given through concessions to companies, the
Sultan had allowed local people to clear land as long as they paid dues to the sultan
or the community chief. This practice has been found in the peatland area on
Bengkalis Island at the beginning of nineteenth century. Land clearing has also
been conducted at the research site since the 1930s. People have made use of this
land for planting dry rice, pinang, coconut trees, and rubber trees. Since the 1990s
and the 2000s several local people started to plant oil palm, many of whom secured
letters of land right such as SKT, SKGK, or a land certificate.
23.4.2 Towards Agrarian Reform of Peatland
At the beginning of the reform era in 2001, the People’s Representative Council
(MPR) adopted resolution TAP MPR No. IX/MPR/2001
11 concerning the Renewal
of Agrarian and Natural Resources Management. The resolution stipulates that
agrarian renewal covers the process of pursuing legal security and protection for
all people concerned. In 2012 the Constitutional Court ruled in its decision No. 35/
PUU-X/2012
12 that the customary community forest (hutan adat) is located in the
customary area (wilayah adat) and not in the state forest area (hutan negara). To deal
10 Surat Edaran Gubernur Riau, No 522/Ekbang/35.27 tertanggal 14 December 2005.
11 Ketetapan Majelis Permusyawaratan Rakyat No. IX/2001 tentang Pembaruan Agraria dan
Pengelolaan Sumber Daya Alam.
12 Putusan Mahkamah Konstitusi tentang Tanah Hak ulayat Masyarakat Hukum Adat.
23 Land Tenure on Peatland: A Source of Insecurity and Degradation in Riau, Sumatra
645