- Continuing to try and fight, that is what the Dayak Pitap Indigenous People have been doing for years to gain recognition and protection of their customary territorial rights. Until now there is no clarity. Even so, there is a breath of fresh air following the long path of struggle of the Pitap Community, the Balangan Government plans to draft a Regional Regulation on the Recognition and Protection of Customary Law Communities.
- The Dayak Pitap Traditional Territory is rich, no doubt more than 80 permits have been issued by the government. There are permits for HPH, palm oil plantations and even iron ore mines.
- The Dayak Pitap community's struggle to defend their land has been going on since the FF entered. The rejection movement is not yet massive, it is still partial. It was only in 1999 that residents' resistance began to be coordinated, when Walhi activists came to Ajung Village.
- Fresh air comes, hope returns. Thursday 16 December 2023, the Balangan Environmental Service (DLH) and South Kalimantan DLH held an outreach at the Kambiayin Village Traditional Hall, Balangan. This discusses the issue of Regional Regulation Number 2/2023 concerning the Recognition and Protection of Customary Law Communities (PPMHA) which the South Kalimantan Government has just ratified.
Continuing to try and fight, that is what the Dayak Pitap Indigenous People have been doing for years to gain recognition and protection of their customary territorial rights. Until now there is no clarity. Even so, there is a breath of fresh air following the long path of struggle of the Pitap Community, the Balangan Government plans to draft a Regional Regulation on the Recognition and Protection of Customary Law Communities.
Meanwhile, threat after threat to their traditional territory comes and goes in various forms, from HPH, palm oil to mining.
The Pitap Dayak community persistently refuses, they believe, their ancestors inherited the land for them to manage and defend.
When companies came and went to the Dayak Pitap traditional territory, Rahmadi, the Dayak Pitap Traditional Head for the period 2000-2005, experienced recurring dreams. In the dream, a grandfather warned that if he dared to hand over customary land to the company, destruction would befall the community.
Every time he talked about that dream, he got goosebumps
" Ulun (I) believe it is a message from the ancestors," said Rahmadi when met in Ajung Village, Tebing Tinggi, Balangan, South Kalimantan (Kalsel) at the end of last December.
Around 2006, an iron ore mining company worker died suddenly after surveying the Pitap sacred sites in Tanalang and Batu Berani.
“Died after returning to his hometown in Bandung. His body looked like there were marks from being hit. "Ulun knows because a friend told him," said the 55-year-old man.
Previously, a worker died mysteriously after drilling in Tanalang. “While drilling, blood colored water came out. After that, one worker died. It happened a long time ago," he said.
To find the meaning of the dream and the series of incidents, Rahmadi met a person with the title Raja Ganap who lives in Lajar Village, Lampihong.
The hawas (smart people ) said that a major disaster and conflict would strike if the company got permission to operate on the Dayak Pitap traditional land.
" Ulun has become more confident in rejecting companies that want to enter our land," said Rahmadi.
The Pitap Dayak population is around 1,670 people. This small community is gathered in 19 traditional halls and lives on 22,806 hectares of customary land.
Administratively, it covers five villages: Dayak Pitap Village, Kambiayin, Langkap, Ajung, and part of Mayanau Village.
These five villages are in Tebing Tinggi, Balangan. In the past, before the expansion of the district occurred, this area was included in Hulu Sungai Utara (HSU).
Geographically, the Pitap area is located in the Meratus Mountains. This area holds important hydrological functions. It is the headwaters of many large rivers that flow into South Kalimantan. This area is also rich in gold, iron ore and coal.
From HPH to mine
Based on South Kalimantan Walhi documentation data, PT Fass Forest (FF) from the Daya Sakti Group has a forest tenure rights (HPH) decree issued on March 14 1980. They are in the Dayak Pitap customary forest.
This deforestation practice is also accompanied by horror stories. In 1986, after cutting down trees, four workers suddenly went crazy.
The company, he said, asked Pitap community leaders to treat the four of them. It is said that from here it was revealed that this was an ancestral curse on those who dared to encroach on the sacred forest.
The disaster didn't just hit the company. In 1987, a diarrhea outbreak killed 17 residents. The disease is thought to have emerged because river water was polluted due to eroded forests.
The series of bad incidents, he said, made FF lose his nerve and choose to run away.
Rahmadi said that disasters continued to befall the Pitap community. In 1995, a flash flood swept away logs left over from deforestation towards the village.
Two lives were lost, one school building was damaged, four suspension bridges were broken, livestock was lost, and grain reserves were swept away by floods.
The challenge of protecting traditional territories also arises from within the Pitap community.
During the 1997 monetary crisis, the local sub-district head issued a village levy for logging. This letter legitimizes the illegal loggers. They only need to pay IDR 25,000 per meter³ of wood to the village government.
Since then, he said, residents have begun to suspect each other. Social friction is inevitable. Slowly but surely, togetherness and family values are damaged.
After the reform, according to Walhi data, in 1999, HPH was issued to PT Kodeco. This company received an annual work plan (RKT) permit as compensation for the production forest which was converted into the Kapet Batulicin protected forest area or known as "meratus protected forest swap".
Some of Kodeco's land is the former FF area. At the same time, another HPH company was present, namely PT Bina Alam Indah Lestari (BAIL).
After the HPH era, oil palm plantation expansion permits were issued. January 1999, PT Malindo Jaya Diraja (MJD) became the talk of the town. After obtaining a permit covering an area of 10,000 hectares, around 4,500 hectares entered the Dayak Pitap traditional territory.
MJD is building an oil palm nursery covering four hectares of the planned 150 hectares in Gunung Batu. The nursery location is approximately 500 meters from the boundary of Iyam Hamlet.
In May 2000, HSU Regent, Suhailin Mohtar attended the inauguration of the company. The road was built for four kilometers to Bayuana Hamlet.
The presence of this company from Malaysia has become a new 'disease' for the lives of the residents of the Meratus Mountains.
Then, in May 2001, the HSU Government signed a cooperation agreement with an investor from North Korea, PT Han Iron Mining.
This mining corporation has a subsidiary, PT Sari Bumi Sinar Karya (SBSK), which has had a concession permit since 1998 to extract iron ore in the Dayak Pitap traditional territory.
SBSK plans exploitation in three zones covering an area of 990 hectares at the Pitap sacred site, at the foot of Mount Hauk Laki, and partly on Mount Hauk Bini. There is a community rubber plantation here.
Community struggle
The Dayak Pitap community's struggle to defend their land has been going on since the FF entered. The rejection movement is not yet massive, it is still partial.
It was only in 1999 that residents' resistance began to be coordinated, when Walhi activists came to Ajung Village.
Rahmadi said that every day there were in-depth discussions with Walhi South Kalimantan. Until 15-17 September 1999 at the Ajung Hilir Traditional Hall there was a meeting between villages. Communities from the hamlets of Ajung Hilir, Ajung Hulu, Nanai, Kambiyain and Iyam, held a dialogue.
Rudy Fahrianor, Manager for Organizational Strengthening and Program Management at Walhi South Kalimantan, said that the outline of the problem was found.
Difficult land access is an obstacle to the economy of indigenous communities. “Farm produce is difficult to market, while goods from abroad are expensive. "In difficult conditions, company seduction becomes very tempting."
Society began to unite. Strengthening traditional values. Protecting forests from industrial threats.
In November 1999, the village head revoked the letter of approval for oil palm plantations made by his predecessor. The letter was sent to the MJD Office in Amuntai.
In May 2000, continued Rahmadi, several Dayak Pitap figures accompanied by Walhi went to Kotabaru to meet the Dayak Samihim Community.
They want to see directly the indigenous people there who have already handed over land to palm oil companies. There, they witnessed a bitter scene.
They see the same pattern, companies making sweet promises.
“All kinds of lures. Promised land, jobs. "All the temptations," said Rahmadi.
Moreover, he said, seducing the traditional head. If you were weak in faith, you would have said yes. “ Ulun was once brought a suitcase of money. The lure of a blind salary. Just sign, but ulun kada (doesn't) want to.”
Rahmadi also saw the difficulty of the Samihim Community's struggle to reclaim their rights.
"They (Samihim) told us (Pitap), before (palm oil expansion) happens, it's better not to do it at all," he said.
The trip to Kotabaru was a valuable lesson. At the end of May 2000, the Pitap Community met at Balai Ajung. They agreed to write a letter of joint rejection of oil palm plantations.
It was also agreed to stop logging for sale, both by outsiders and the Pitap community. The ban took effect from June 5, 2000.
“Soon, 13,000 palm oil seedlings here were transported to Pelaihari, Tanah Laut. "Deforestation has also decreased," recalled Rahmadi.
Realizing that there were other threats, they documented customary rules. They made a map of their traditional territory. The spatial plan is designed based on customary law and natural conditions.
“So that outsiders and the next generation can know our traditional rules. "We also want our existence and territory to be recognized by the state," he said.
In the late 2000-early 2001 period, there were several meetings between the Pitap Community and the Government and the HSU DPRD.
In mid-2001, SBSK's iron ore mining plans became increasingly popular, disrupting the direction of the struggle.
The Pitap Community's concentration shifted to other resistance
“But ulun refused. Basically, as long as the ulun is alive, no land should be handed over to the company. "Whether palm oil or mining," he said.
In November 2001, the community demonstrated at the district center and then held a community meeting on March 7-9 2002 which resulted in seven points of demands.
The Dayak Pitap Indigenous Community firmly rejects the activities of local, national and foreign entrepreneurs which result in environmental damage and community misery.
Urge the Government and DPRD HSU to revise Regional Regulation Number 15/2000 which does not accommodate the rights of communities and traditional institutions.
- When drafting regional regulations, the government must always involve indigenous communities.
- Demand that the government be fair in providing education, health and economic development for indigenous communities.
- Urge the government to protect customary land.
- Eliminate all disadvantageous stigmas, such as wild farmers, isolated tribes, isolated tribes, and primitive people.
- The government and council are servants of the community, not rulers.
- "Thanks to the community's persistence, currently no companies dare to move in the Pitap area," he said.
That doesn't mean Rahmadi can sleep in peace because the concession is still valid. SBSK concession until 2029, MJD, has a permit until 2030.
Referring to Walhi data, there are two other companies that hold concessions in the Dayak Pitap traditional area, namely, the coal mining company, PT Sinar Kemilau Abadi with a license until 2034 and the iron ore mining company, CV Razza Nugraha Agro until 2030.
“Without mining or palm oil, we can still live. Have a house, vehicle and savings. "Able to send children to school, even to graduate degrees," said Rahmadi.
The Pitap Dayak people prefer a simple life, as long as the forest remains sustainable.
The forest is sacred. “Source of livelihood. Farming and hunting grounds. "A place where medicinal plants grow," he said.
More than a living space, forests have spiritual significance. There are many sacred forbidden forest areas.
So when the forest was overgrown, he said, the ritual disappeared. Because aruh requires materials from the forest, such as coconut, coconut, bamboo, wax from beehives, and incense from wood sap.
Aruh, is an expression of gratitude for the rice harvest. “When forests and fields are controlled by corporations, what is there to celebrate? “If there is no rice, what else will be affected? "Traditional rituals have practically disappeared," said Rahmadi.
The Pitap people demand that the state be present. Helping the Pitap community's struggle by providing recognition.
“We have been trying to (get recognition) since the 2000s. "It hasn't produced any results yet," he said.
Rahmadi's words were confirmed by Ulan, the Dayak Pitap Traditional Head for the 2006-2010 period.
When he was met at the end of December 2023, the 72 year old grandfather tried to recall the efforts of his community.
Together with Walhi, they mapped the traditional territory. The hope is that there can be a regional recognition regulation. However, he said, several meetings ended in deadlock. Complicated bureaucracy is one of the reasons.
“At that time, the regional government's movements were very slow. "It is suspected that there are many interests behind it," said Ulan.
The plan to prepare a Draft Regional Regulation on the Recognition and Protection of Customary Law Communities (PPMHA) was completely stalled when the district expansion occurred.
Balangan was born with the issuance of Law Number 2/2003. The Pitap people live in this young district.
The struggle goes backwards, back to the starting point. “Completely stop. "Our documents are somewhere," said Ulan.
For two decades the PPMHA Regional Regulation has been marginalized. Until June 2019, the DPRD and the Balangan Government agreed to discuss the draft regional regulation regarding Dayak Traditional Institutions.
Unfortunately, until the end of 2023, the draft regional regulation had not yet been ratified.
There is hope
Fresh air comes, hope returns. Thursday 16 December 2023, the Balangan Environmental Service (DLH) and South Kalimantan DLH held an outreach at the Kambiayin Village Traditional Hall, Balangan. This discusses the issue of Regional Regulation Number 2/2023 concerning the Recognition and Protection of Customary Law Communities (PPMHA) which the South Kalimantan Government has just ratified.
"They said that the Balangan Regency Government was asked to immediately form a committee to form a customary law community," said Ulan.
In Kambiayin, the Environmental Service also identified data. "We display regional documents, customary laws, historical objects and data on our natural resource wealth," he said.
"After being shown, we asked, do Dayak Pitap deserve recognition? They said it was very worthy. We were only asked to complete a few more documents.”
A week later, there was a follow-up meeting with the district government. In the audience were the Dayak Traditional Head Pitap, administrators of traditional institutions, a number of village heads, Dayak Traditional Heads throughout Balangan, and AMAN Balangan administrators.
The regent and regional secretary were absent, represented by the Legal Section of the Balangan Regional Secretariat, two agencies, and the Balangan KPH UPTD.
“We asked, when was the MHA formation committee formed? "We ask that the formation involve the village heads," said Anang Suryani, Head of Kambiayin Village.
The government's answer is that it is studying the regulations. The answer was not satisfactory, but Anang understood.
He is aware that the process will not be short, not to mention the limited regional budget. "We hope we can do it soon. "If there is no regional regulation, at least there will be a decision letter from the regent," requested Ulan and Anang.
This is the same as the hope of Karah, Deputy Head of the Dayak Pitap Traditional Tradition. If there is no regional regulation yet, at least for Dayak Pitap, there is a regent's decree first.
He suggested that a committee for drafting the MHA Regional Regulation could be formed as soon as possible.
“This regulation may take a long time. Bearing in mind the need to collect documents from all indigenous communities throughout Balangan."
Hanifah Dwi Nirwana, Head of South Kalimantan DLH, said that the PPMHA Regional Regulation regulates procedures for recognizing indigenous communities.
For indigenous communities with cross-district territories, he said, the authority lies with the provincial government. For indigenous peoples living in one district, the district government is sufficient.
"There are already six districts that have formed committees, namely, Tabalong, Hulu Sungai Selatan, Hulu Sungai Tengah, Tapin, Banjar and Tanah Bumbu," he said.
What about Balangan? Syahbudin, Chair of the Regional Regulation Formation Agency (Bapemperda) of the Balangan DPRD, stated that they were committed to speeding up the drafting of the PPMHA Draft Regional Regulation.
Moreover, we have started discussing regional regulations on traditional institutions between the executive and legislature since 2019.
However, he said, in 2023, when registering with the South Kalimantan Government, it turned out that there were inappropriate substances. "The plan is to continue discussions in 2024. We will change the title to Perda PPMHA. "This has been on the agenda of the Deliberative Body," said Syihab, early January.
Hasan Nor Arifin, Head of the Trial and Legislation Division of the Balangan DPRD Secretariat, said that the PPMHA Regional Regulation will cover all traditional communities in Balangan.
“This year, it will begin to be discussed in the DPRD. "It has been included in Propemperda 2024," said M Roji, Head of Legal Affairs of the Balangan Regional Secretariat, separately.
He guaranteed that Regent Abdul Hadi supports the aspirations of indigenous peoples. "Even though yesterday he was not present at the December 22 hearing, because he was busy in Jakarta, he sent his greetings," he said.
Even so, he did not want to set a completion target. “We don't dare to target. "Because this concerns vertical agencies such as the Ministry of Law and Human Rights as well as the Ministry of Home Affairs."
The stage of determining recognition of indigenous communities, he said, takes several stages from identification, verification, validation and determination.
"We will oversee the recognition of the customary law community regarding the status of the Dayak Pitap traditional territory," said Rudy.
Apart from that, Walhi also assisted the community in forming a village-owned business entity (BumDes) in Kambiayin.
"If it is successful, we will expand it to other villages. "The hope is that the Pitap Dayak Community can be economically independent without the presence of palm oil and mining companies."