The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle

Society, 7 (1), 21-36, 2019 P-ISSN: 2338-6932 | E-ISSN: 2597-4874 https://society.fisip.ubb.ac.id

Rizky Octa Putri Charin 1, Arief Hidayat 2* 1, 2 Department of Politics and Government, Gadjah Mada University, Yogyakarta, Indonesia * Corresponding Author: [email protected]

ARTICLE INFO ABSTRACT

Publication Info: The resources of Customary Forest play an important role in Review Articles Talang Mamak Indigenous People to survive. The exploitation of the forest by private companies and investors has caused violent conflict. The situation of the indigenous people How to cite: becomes worsen since the local government does not fully Charin, R. O., & Hidayat, A. protect their rights of the forest. Even, the local government (2019). The Efforts of Talang tends to defend private company and investor in addressing Mamak Indigenous People to the conflict. Customary forest of Talang Mamak indigenous Maintain Their Existence in people is in the oligarchs grip and conflict of interest with Customary Forest Resources their elder. The Indigenous people are in crossroad; to preserve Battle. Society, 7(1), 21-36. or to release their heritage and right. This study aims to determine the efforts of Talang Mamak Indigenous People to maintain their existence in the customary forest resources DOI : 10.33019/society.v7i1.78 battle with private company and investor. This study used qualitative descriptive method. The data collection were documentation analysis and other relevant literature. This Copyright © 2019. Owned by study used Theory of Oligarchy (Winters 2011) as grounded Author(s), published by Society theory. The result found that the efforts of the indigenous people to fight for their rights getting weak. Some of them begin to accept compensation from the company and investor, in other word, some of them are willing to release their heritage and right on the forest. This is an open access article.

License: Attribution- Keywords: Customary Forest; Oligarchy; Private NonCommercial-ShareAlike Company; Resources; Talang Mamak (CC BY-NC-SA) Indigenous People;

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle

Introduction viewed as empowered by wealth for Conflict on customary forest centuries. The common thread for oligarchs exploitation of Talang Mamak Indigenous across history is that wealth defines them, people is not only with private company but empowers them and inherently exposes also several new entities such as the local them to threats. The existential motive of all elite and the government. oligarchs is wealth defense. How they Local Elite, The indigenous chief and respond varies with the threats they the village head, acts as a broker trading the confront, including how directly involved customary land to private company for they are in supplying the coercion personal gain without permission of the underlying all property claims and whether community. This is a strategy of private they act separately or collectively. These company and capital owner to take over variations yield four types of oligarchy: indigenous forest resources. Not only land Warring, ruling, sultanistic and civil. grabbing for plantation area expansion, but Related to this study, the indigenous companies engaged in paper production chief of Talang Mamak plays a rule as also do illegal logging. warring category, if at first the power in the This study discusses about the conflicts form of coercion from the Indigenous Chief between Talang Mamak indigenous people or indigenous used for collective interests who live in Indragiri Hulu, Riau Province such as maintaining land claims or other and private companies engaged in palm oil resources shared with other dominant actors and paper production. Both the people and as common enemies, it can then be used to the companies have struggled for ulayat make wealthy enriching and strengthening land since the beginning of 2000 and ending individuals or groups as chief, who in 2017. maintain and control their own groups first Since the indigenous people have loss and then others around whom they succeed their customary land and forests, they are in defeating1. Although it will eventually be increasingly losing economic resources, concentrated only under individual control, traditional wealth and culture. material power is initially organized into By investigating the dynamics of the "collective social power" because it is based conflict occurred between private on resources in the form of village assets, companies, investor, and the indigenous small clans, and families, which are people in early 2000 to 2008, and comparing prepared and maintained as "together". The it with the development of conflicts in the legitimacy of the Indigenous Chief or village end of 2010 until 2015, this study aims to head is exploited arbitrarily, the claim of discover the efforts of Talang Mamak these resources will implicate for the Indigenous people to maintain their material resources united over individual existence in customary forest resources ownership rather than the collective. In battle. other words, the expression "ours" becomes "mine".

Theoretical Framework 1. Theory of Oligarchy: Customary forest

tenure Local Elite shifting Jeffrey A. Winters, in his book entitled Oligarchy, states that oligarchs were 1 Jeffrey A. Winters. 2011. Oligarchy. Jakarta: PT. Gramedia Pustaka Utama. p. 64

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle

2. Theory of Conflict Approach people is an Indragiri Indigenous Conflict means perceived divergence of community and often calls themselves as interest, a belief that the parties current Tuha people, means the first men live in aspirations are incompatible (Pruit and Indragiri Hulu. Their distribution Riau is Rubin, 2009). the power of oligarchs will spread in four sub-districts, they are in immerse conflicts among the indigenous Batang Cenaku Sub-district, Kelayang Sub- people with private companies have been district, Seberida Sub-district, and Batang related each other. Gasal Sub-district. Two sub-districts, Kelayang and Batang Cenaku Sub-districts, covered 17 villages specifically in Talang Research Methodology Mamak has two Communities: Firstly, This study used qualitative method Talang Mamak Tiga Balai Community Area with descriptive. Sugiono (2008: 15) states in Kelayang District, Secondly, Malay that it is in constructive paradigm research Community Area in Batang Cenaku in design and the researcher is a key Batang Cenaku District3. instrument when the study conducted in Their livelihood is farming and planting natural objective. The data sources were especially rubber plantation. Rubber is main media, related research articles, and commodity of the community. Before that, legislation. Data collection were analyzed as since the beginning of the 19th century the it reflected on the title. Data Validation test forest products are varies, like dragon's and information of this study based on blood palm dragon (Daemonorops specific criteria; data validation and level of didymophylla Becc), jelutung (Dyera costulata), trust in describing finding and discussion, red / white balam (Shorea balangeran) and conclusion, and explanation. This study aloes tree (Aloidendron barberae) and rattan used data as comparison for various (Calameae). The people income increases information by organizing, compiling into with demand for forest products. Rubber pattern and category, and interpret them planting certainly makes them more settled using some schema. and at the same time as a tool to maintain their land and forests. Forests are the main source of livelihood for the Talang Mamak Discussion and Result indigenous people as their main livelihood, 1. A brief history of Talang Mamak forests is a great cultural value for them. Indigenous People in Riau Land and forest as living areas are an The indigenous entity live along the inseparable part. Since hundreds of years Indragiri River, Indragiri Hulu district, Riau Province. This tribal community belongs to the Old Malay race (Proto Malay). The Republic of Indonesia. The Constitutional Court of customary forest area reaches around the Republic of Indonesia. P. 102 400,000 hectares and it has been approved 3 Gilung. Talang Mamak: Hidup Terjepit Di Atas Tanah by the Dutch colony through the Resident of dan Hutannya Sendiri-Potret Konflik Kehutanan Antara Indragiri in 19252. The Talang Mamak Masyarakat Adat Talang Mamak Di Kabupaten Indragiri Hulu, Provinsi Riau Dengan Industri Kehutanan. Presented as additional material witnesses on Constitutional Court Review No.41 year 1999 about 2 Court Decision Number 35/PUU-X/2012 about forestry in The 1945 State Constitution of the Constitutional Review Number 41 Year 1999 about Republic of Indonesia at Constitutional Court of the Forestry in The 1945 State Constitution of the Republic of Indonesia, June 14, 2012, p. 2

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle ago, the community has become unity with 3. Dynamics of Conflict: Talang Mamak nature. The environment in which they live Indigenous People and Palm Oil is regulated through customary law, and the Plantation Company management decision is regulated by Patih The conflicts of land between Talang or the indigenous chief who is the highest Mamak Indigenous People to claim their power for Talang Mamak under the customary forest and the company occurred Indragiri Sultanate. complicatedly. From year 2000 to 2007, the The importance of forests for their life indigenous people made various efforts to has been loudly delivered by one of the stop the companies that were considered to chief named Laman; "I'd better be shot dead, occupy the customary forests of the Talang than the customary forest runs out". Forest Mamak indigenous, such as throwing stones which is a communal property, in terms of at the operational vehicles of private its arrangement is carried out by a Patih companies, asking for "road money" to which is a symbol of the highest power of drivers of private companies operating the community. There is an old saying that vehicles4. According to James C. Scott, The is well-known among them : "it is better a efforts are a form of resistance from those child dies, rather than tradition”. It indicates who lose. He examines the lives of farming that their identity cannot be separated from communities in the Sedaka area (not real customary forests managed by customary name) in the State of Kedah, Malaysia, with law under the supervision of Patih. the aim of observing the lives of farmers and the form of "daily resistance" that occurs. 2. Rights of Talang Mamak Indegenous Resistance takes place with unique forms, People on Lands resistance is not in a structured form, but in The first chief of the Talang Mamak the form of small daily resistance such as Community was Datuk Patih Nan Sebatang, small-scale stealing, slowing down, in beliefs as oral tradition, their ancestors pretending to be sick, pretending to be gave three regions as inheritance for their stupid, swearing behind, pretending to children and grandchildren, they are the agree, and doing sabotage at night5. The Talang Parit area which means land where resistance carried out is not in a massive and trenches (streams) , Talang Perigi where in structured form, but only in the form of that area there are perigi (wells) and Talang small resistance from those who are Durian Jajar which means there are durian powerless and not so capable of planted in raw in the region as customary destabilizing the group of private boundaries. companies as "winners". The indigenous The community has measured their people of the Talang Mamak indigenous Indigenous Forests which are bordered by people take on the role of "losers", namely trenches, perigi and durian lanes which still those who do not have power, must carry exist today, with the total area of customary forests is 451,411 hectares. This customary land ownership was also recognized by Haji 4 MongabayIndonesia.com. Talang Mamak Hak Ulayat Indragiri Hulu, the king in the past and Musnah Diterjang Budaya Uang. Accessed from http://www.mongabay.co.id/2013/01/19/talang- documented in the Resident of Indragiri in mamak-hak-ulayat-musnah-diterjang-budaya-uang/ 1925. on December 17, 2018, on 13.20 WIB 5 C. Scott, James. 2000. Senjatanya Orang-Orang Yang Kalah, (Bentuk-bentuk Perlawanan Sehari-Hari Kaum Tani). Jakarta: Yayasan Obor Indonesia. p. 318

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle out "daily resistance" to continue their lives drivers of the company's operational while avoiding greater risks. The resistance vehicles just to guarantee their survival is to be understood if it traces the conflict threatened because of private companies between the community and private presence that seize the forest and land that companies which have grabbed the initially became their place of life. customary forests. When compared with the strength of the company, the resistance action did not bring any impacts. As Scott explained, they ask for money for the

Dynamics of Conflict occurrence were as followed6:

Table 1. Dynamics of Conflict between Indigenous People and Company in 2019

Years Incidents Triggers Parties Involved Results or Loss 2000 Marched to against PT Regunas Agri Utama (PT. Talang Mamak Indigenous People Regunas Agri Utama RAU) opened new land about Indigenous People marchedin the offices of Ltd (PT. RAU) to 10,000 ha for oil palm plantation vs PT. RAU, this regional house of expand Oil Palm in three locations, they are conflict were representatives and Plantation area Talang Selantai village, Talang mediated by DPRD Indragiri Hulu head of Perigi village and Talang Durian Indragiri Hulu sub-district. The people Cacar village. The locations are demanded the Ulayat land, customary land of plantation as theirs. Talang Mamak Indigenous DPRD suggested PT Community RAU to give the indigenous people new land which can be planted oil palm as they need. However, the people refused it.

July 2002 Conflicts occured in National Land Agency (BPN) Talang Mamak Review on land village of Talang Indragiri Hulu issued land Indigenous certificate issued by Sungai Limau Rakit certificate about the conflicts community in BPN especially in Kulim Indragiri Hulu between private company and Talang Sungai conflict land of 200 ha, subdistricts Indigenous people for land village vs Inecda which has been grabbed battles about 200 Ha in 1.056 Ha, Plantation Ltd. and by . Mega Nusa Sawit, land area of Inecda Plantation Mega Nusa Inti Ltd as it land abudance Ltd which handed over Sawit, Ltd of Inecda Plantation,Ltd ownership to Mega Nusa Inti Sawit, Ltd. Indigenous People of Talang Sungai Limau argued that they never had any compentations on the 200 Ha. Also there are no agreement with Pola Inti Plasma maupun pola PIR (Perkebunan Inti Rakyat). The indigenous people have clear certificate both land certificate and right of Ulayan land ownership

6 Johny Setiawan, et al. Laporan Final Penelitian: Analisa Konflik Pertanahan di Provinsi Riau Antara Masyarakat dengan Perusahaan. Research and Development Team FKPMR 2007. p. 89-103

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle

Years Incidents Triggers Parties Involved Results or Loss November Audiences to DPRD Mega Nusa Inti Sawit Ltd and People of Talang Regent of Indragiri Hulu 2002 Indragiri Hulu and the Talang Sungai Limau Village Sungai Limau issued a letter so that regent of Bupati people visited the Indragiri Hulu village and Mega Mega Nusa Inti Sawit, Indragiri Hulu DPRD office. In the same month Nusa Inti Sawit, Ltd Ltd. resolve cases of they met the Regent through the land disputes with Regional Secretary of Indragiri indigenous peoples as Hulu. well as possible.

2004 The people of Talang Continuing conflict with Inecda Inecda Plantation No result Sungai Limau Village Plantation Ltd regarding the Ltd vs people of and Talang Sungai control of 200 ha of land for the Talang sungai Parit Village, Rakit company's oil palm plantations Limau and Talang Kulim Subdistrict, Sungai Parit villages Indragiri Hulu conducted a march on Inecda Ltd. office. and the office of the Regent and the Indragiri Hulu DPRD.

2004 people of Talang Sei The people claimed as land PTPN V vs people No result Parit and Talang Sei owners of PTPN V area about of Talang Sei Parit Limau Villages, Rakit 1.700 ha. and Talang Sei Kulim Subdistrict, Limau villages Indragiri Hulu held a demonstration in the PTPN V company area

June, 2006 Since 1997, Inecda Ltd Indigenous community refusal People of Talang The mediation with has built a new 9000 ha on development of oil palm Sungai Parit and DPRD Riau province, oil palm plantation in Inecda Plantation Ltd about 9000 Desa Talang Sungai FKPMR and WALHI but the communal land of ha Limau villages vs no result the Talang Mamak Inecda Plantation, indigenous community, Ltd and they did not know that presence

2005- In 2002 PT Bukit Indigenous The Indigenous People September Betabuh Sei Indah The community was angry and Community vs PT. Destructed acacia plants 2006 obtained a business took action to extract the acacia Betabuh Sei Indah owned by Beautiful permit for the planted on the communal land of Ltd Batabuh Sei, Ltd utilization of forest the Talang Mamak native products in the form of indigenous. timber and plantations covering an area of 13,450 ha. In 2005 - mid 2006, the company destroyed the community rubber plantations and oil palm plantations to replace acacia plants.

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle

Years Incidents Triggers Parties Involved Results or Loss June 2005 Residents of Talang The villagers demand that the Indigenous People The mediation Mamak, Talang Sungai land owned by residents be vs Inecda agreement with Regent Limau Village, counted returned to an area of 1,600 ha Plantation, Ltd of Indragiri Hulu, 7 times to visit the Thamsir Rachman, DPRD office to about 1,600 ha of land complain about the managed by Inecda, Ltd looting of communal returned land by PT Inecda Platation covering 3,200 Ha. Hundreds of times residents came to the Indragiri Hulu DPRD office to ask for clarity. But because the Indragiri Hulu DPRD did not provide concrete solutions. The community then complained to the Riau DPRD. Residents only demand 1,600 hectares of land from 3,200 hectares of communal land controlled by PT Inecda

2006-2007 Talang Mamak The community demands the Indegenous No result indigenous, Rakit return of the area because of its community vs Bukit Kulim District and status as ulayat forest, it cannot Sei Betabuh, Ltd Peranap Indragiri be converted into Industrial Hulu. Conducting Plantation Forest (HTI) demonstrations on massive activities taking place on their land which took place since 2002 by PT. Bukit Betabuh Sei Indah which is customary forest

2006 Indigenous Forests The The community wants Indigenous people Unrealized loss or no Talang Mamak customary forests to be returned vs Inecda, Ltd, result indigenous was to citizens with a more Bukit Sei Betabuh scheduled to comprehensive legal umbrella Indah , Ltd and etc. strengthen its legal umbrella through regional regulations in accordance with the Joint Decree (SKB) Number 31 of 2006 concerning the Indigenous Forest of the Talang Mamak indigenous.

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle

Years Incidents Triggers Parties Involved Results or Loss 2007 A total of 13,450 The community refused to take Indigenous People No result hectares of customary land by Bukit Betabuh Sei Indah vs Betabuh Sei, Ltd land of the Talang Ltd Mamak indigenous, Peranap District and Kulak Inhu Rakit were taken over by PT Bukit Betabuh Sei Indah

2008 SAL Ltd entered into a The community refused it Indigenous People No solution cooperation agreement because the community felt vs SAL, Ltd with three village disadvantaged by the system of heads, namely the partnership initiated by the Head of the Selantai company. Village, the Talang Durian Cacar Village Head and the Talang Perigi Village Head. Based on the agreement, where PT. SAL is allowed to control a forest area of 1000 ha.

2013 Conflict occurred The community collects the Indigenous people between the promise of PTPN V which will vs PTPN V community and empower the people by building in fact, they only built Perkebunan Nusantara oil palm plantations covering 680 200 hectares for six V Ltd, the company ha thousand families of the promises to build an oil Talang Mamak palm plantation with a Indgenous Community KKPA pattern of 680 ha

Source: data analysis of researcher, 2019.

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle

4. A total of land area grabbed by Private Companies7 There are four customary forest areas; 330,933 hectares of river, 98,577 hectares of Tabel 2. Durian Cacar forest, and 21,901 hectares of A total of land area grabbed by Private Kelumbuk Tinggi Baner forest8. The forest Companies in 2019 area spread in Rakit Kulim and Rengat Barat Districts which total area is 451,411 A total of hectares. However, Mongabay Indonesia's Land Years Incidents grabbed by Areas report which conducted an empirical study Private stated that in 2013 there were only 2,300 Company 2003 Land 9000 ha Villages of hectares of Talang Mamak forest, which is occupation Talang Sungai approximately 20 percent of the total by Inecda Parit and customary forest area, 2,300 hectares of this Plantation, Talang Sungai area functioned for six thousand people. Ltd Limau Rakit Kulim sub- This 2,300 hectare area also includes a count district of the buffer zones of Bukit Tiga puluh Okupasi oleh 10.000 ha Talang Durian National Park. In an interview of PT. Regunas Cacar village Agri Utama and Talang Mongabay Indonesia with Talang Mamak (PT. RAU) Perigi, village indigenous young man named Abu Sanar, of Talang "just taking wood for home is now being Selantai Rakit 9 Kulim sub- held by officers" . district In its journey from 2000 to 2007, the Occupation 13.450 ha Talang Tujuh community continued seeking ownership by Bukit Buah Tangga Betabuh Sei village, Rakit rights of their customary lands to the Indah Ltd Kulim sub- government continuously making demands (PT. BBSI) district on the accountability of private companies Indragiri Hulu district, Riau that grabbed their customary forests. But in 2005 Occupation 3.200 ha Rakit Kulin 2008 to 2013, there was no longer any by Inecda sub-district resistance from the community over private Plantation, Ltd companies and the government, while the Talang Mamak Customary Forest area 2007 Occupation 13.450 ha Kecamatan continued to decrease. As in 2013 there were by Bukit Peranap sub- only 2,300 hectares, compared to 2007 Betabuh Sei district and Indah Ltd Rakit Kulim people who continued to demand 49,100 (PT. BBSI) Inhu hectares of forest rights, but in 2013, only

2013 Land 2.300 ha Sub-districts of remained for Peranap and Talang Rakit Kulim 8 Kompas.com. Talang Mamak dan Masyarakat Adat mamak Inhu yang Merana. Accessed from indigenous http://sains.kompas.com/read/2010/04/03/232047 community 93/Talang.Mamak.dan.Masyarakat.Adat.yang.Mera na on December 17, 2018, at 13.00 WIB Source: Data of Research Analysis, 2019. 9 MongabayIndonesia.com. Talang Mamak Hak Ulayat Musnah Diterjang Budaya Uang. Accessed from http://www.mongabay.co.id/2013/01/19/talang- mamak-hak-ulayat-musnah-diterjang-budaya-uang/ 7 Ibid., p. 104-107 on December 17, 2018, at 13.20 WIB

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle

2,300 hectares remained. This means that Indigenous Chief was also a cukong or throughout 2013 until 2017, the community broker who sold customary land to private has lost 400,011 hectares of land. However, companies. This is to survive because every the conflict was not so prominent in the year the number of customary forests lost media as in previous years. So the question due to being seized by private companies is is, what kind of compromise or transaction increasingly widespread. Herbert Spencer occurred in 2007 to 2013? explained social change and related it to the Theory of Evolution put forward by 5. The role change : Indigenous Chief to Darwin, Spencer explained in social be Cukong or Broker interaction, change would always exist and The decision-making system in Talang be dynamic, change would start from the Mamak indigenous people is through tribal stage which is hegemony and simple customary deliberations. Decision making to modern and complex stages of society. In through this system is to determine all line with what Darwin said, Spencer argued matters of a general nature, such as the that the strongest would be the one who management of pool prohibition, won, who was capable and passionate and management of communal land, both in the able to adapt to changes that would win the rules of management and determination of struggle for life, weak people would be harvest time. Communities can take actions marginalized and marginalized10. regarding the use of customary forests Patih Gading, the grandson of Patih under Indigenous Chief supervision. The Laman who is now the successor to the chief chief position is important even it confirmed of the Talang Mamak, explained that the in their adage "better to die children than forest has been a victim of greedy people customary death" which means that the who do not care about the environment. As position of customary is at the top of the stated in the Commander's Oligarchy theory hierarchy. Elected leader is not descendants by Jeffrey A. Winters, within the customary of ordinary people, but descended from structure there is the Customary previous traditional leaders. Chairperson whose initial is Patih "Y" and From 2000 to 2007, all Patih, Talang several people who are included in his Mamak indigenous Chief, and the people alliance to trade customary forests, felt that they shared a common enemy, but a participate in this group Durian Cacar private company that grabbed their land, Village Head initials "H". The mechanism is various resistance efforts were made to that the Village Head makes a document demand the return of Talang Mamak regarding the ownership of recognized customary forest. From 2007 to 2013, the customary land through the signature of large number of forests lost and turned into Patih "Y" who is also the grandson of Patih oil palm plantations no longer gave birth to Laman, then the results of j transactions resistance from the community as happened carried out with private companies are not in 2000. Based on collected sources , both distributed to the public but are enjoyed by from newspapers and simple interviews groups this group. with one colleagues who visited to examine the life patterns of the Talang Mamak in one village. Son of one of the Indigenous Chiefs acknowledged that his father's 10 Herbert Spencer. 1896. Principles of Sociology, in profession in addition to being the Aminudin Ram. 1992. Sosiologi. Jakarta: Erlangga. p. 208

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle

Although the consequences of the oil palm seedlings in customary forests of actions were dismissal as chief by King the Talang Mamak indigenous will pay Indragiri on charges of betraying customary compensation for customary forests use. oaths on inheritance debts, the reality that Second, the company will buy community occurred in the field, the position of Patih land and then exchange it with one oil palm "Y" was still very strong and could not be plot, which can then be sold to the company prevented from the trading. Even the when the harvest period arrives12. community that is also a community of the Compromise happened because the Talang Mamak who are members of the community felt that it was the only way that sale and purchase of this land is increasing. was felt most likely to survive in the midst Patih Laman also reported the case of of greater power control, because the trading to the police, but it had no resistance effort was unable to deal with the continuation, while the practice of strength of the company. As stated by customary forest trade and purchase Spencer, a person or group must be strong continued. This has an impact on the in order to survive and adapt to change, overlapping of land ownership, on the one known as the concept of survival of the hand private companies feel that they have fittes. carried out customary forest sale and Nevertheless, there are still groups that purchase transactions with the community, continue to try to maintain their customary so that customary forests changed forests such as a group of indigenouss ownership11. named Tiga Balai under Patih Laman, in order to fight for rights to customary forests. 6. Private Companies and Talang Mamak They reject and oppose all forms of Indigenous Community Compromises development and are willing to die to People who realize that the resistance defend the forest. The reason they maintain efforts carried out so far have only been in their customary land is due to the vain because there is no settlement from the narrowing of the environment of Talang company on their demands, plus some of Mamak forest which has an impact on the the land they consider has been taken over difficulty of carrying out a farming system by the private companies actually has and must adapt, for those who are unable to official ownership documents that are adapt their lives will be threatened13. endorsed by The Indigenous Chief and The company and capital owners made village head who has changed roles as a an offer under the pretext of wanting to broker. So, by comparing the dynamics of prosper the Talang Mamak indigenous the conflict that occurred in 2000 to 2008 and community. They persuaded that customary thereafter, from 2008 to 2013, the conflicts lands and forests be submitted for that occurred in 2008 to 2013 were no longer processing. In this case, of course the related to the return of customary forests, indigenous people did not agree with the but demands for compensation or compensation money. This means that most people choose to compromise the situation 12 MongabayIndonesia.com. Beginilah Nasib that has occurred. The compromise that Masyarakat Adat Talang Mamak Bagian 1. Accessed occurs is: First, companies that have planted from http://www.mongabay.co.id/2016/07/24/beginilah- nasib-masyarakat-adat-talang-mamak-bagian-1/ on December 15, 2018, at 21.30 WIB 11 Jhony Setiawan, op.cit, p. 3 13 Ibid., p. 16

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle offer, but the private companies continued of the ILO Convention 1989. Regulated also their efforts by approaching the Customary in the United Nations Declaration on the Chair and the Village Head. Because of this, Rights of Indigenous Peoples (UNDRIP), in society is divided into two parts; First, the article 8, paragraph 2 b) stipulates that states community agreed to the company's offer must be responsible for providing effective and Secondly, the community refused to instruments to prevent any action, which approve and continue to try to defend causes the disposal of land, territories and Customary Forest. Because of the divisions resources of indigenous peoples. Added in that occurred in the bodies of indigenous article 10, the declaration guarantees that peoples and also traditional elders, the indigenous peoples cannot be forcibly company took advantage of this situation transferred from their lands and territories, and then freely obtained the approval of and that no relocation occurs without their individual indigenous chief and Village free, prior prior approval. The act of Heads. Then for this reason, private relocation must also provide fair companies and owners of capital submitted compensation and the possibility to return. permits to the government, saying they had Then, through articles 25 and 26, the obtained the consent of indigenous peoples. declaration recognizes the spiritual and Even though the agreement in question is cultural relations between indigenous only the approval of the Indigenous Elders peoples and traditional lands that have been and the Village Head and not through owned, occupied or used. Based on these customary deliberations14. provisions, the state must provide legal recognition and protection of these lands 7. Private Companies presence and Poor and resources with respect to traditions, Government Roles to protect customs, and ownership systems that are customary forest owned by indigenous peoples16. Land is very important for indigenous Based on Schutter report on the right to people since it contains many important food to the United Nations, he came to the things to support themselves, such as conclusion that indigenous peoples were economic resources, identity, self- vulnerable to the seizure of large-scale land determination and their cultural interests15. in the world. In a larger domain such as In the Universal Declaration of Human Southeast Asia, Magallanes & Hollick shows Rights (UDHR) Article 17 guarantees rights that as the most vulnerable group in society, to property, including land. Specifically indigenous peoples have suffered a lot from regarding the issues of indigenous peoples, the influence of development in Southeast several international legal mechanisms guarantee access of indigenous peoples to their lands through Article 13 to Article 19 16 Schutter, O. d. (2009, June 11). Large-scale land acquisitions and leases - Special Report on the Right To 14 Ibid., Food. Retrieved October 31, 2014 from Organisation 15 Gilbert, J. 2007. Indigenous Peoples' Land Rights for Economic Co-operation and Development: Under the International Law: From Victims to Actors. http://www.oecd.org/site/swacmali2010/44031283. Leiden: Martinus Nijhoff. p. Xv-xvi in Dini Suryani pdf, p 8, in Dini Suryani. Structural Violation Of Structural Violation Of Indigenous Human Rights In Indigenous Human Rights In Indonesia: A Case Study Of Indonesia: A Case Study Of Merauke Integrated Food And Merauke Integrated Food And Energy Estate (Mifee) In Energy Estate (Mifee) In Papua. Journal of society and Papua. Journal of Society and Culture, Volume 18 No. Culture, Volume 18 No. 1 year 2016, p.100 1 year 2016 p. 100

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle

Asia, which has taken the form of losing Report from the letter, the Indragiri their land17. Hulu Government only recognized the The loss of the customary forests in rights of the Talang Mamak indigenous addition to land grabbing carried out by which included rights to their customary private companies was also supported by forests on August 24, 201719. The the poor performance of the Indragiri Hulu government only acted when the customary the local government to save the rights of forests of the Talang Mamak were already the indigenous community over their gone and cultures that had taken root in forests. Hundreds of times people people's lives almost extinct because land complained about the land grabbing grabbing happened. problems they faced to Regional House of Representatives (DPRD) Indragiri Hulu but none of the cases were resolved. This Conclusion requires more in-depth and comprehensive Customary forests exploitation has research on whether the Regional destructed economy, environment, and Government of Indragiri Hulu Regency is water around the Indigenous people involved in a compromise with private neighborhood. As a result, their life and companies. culture has been changed, their customary In 2006, the Regional Government of wealth and existence extinct. The people Indragiri Hulu Regency was scheduled to who were very early on working as strengthen the legal umbrella for the fishermen and farmers, conducting barter customary forests of Talang Mamak system as their ancestor doing. Nowadays, through Regional Regulations. The regent of their indigenous chief has been a broker Indragiri Hilir and the Chairperson of the although he broke the customary law by Indragiri Hulu DPRD agreed on a Joint trading the forest to private companies. Agreement Letter (SKB) Number 31 of 2006 Some people have been becoming oil palm concerning the Indigenous Forest of the farmers and working as laborers in the indigenous community. However, since the private companies. The changes, as Spencer decree was signed, there has never been a states, must be done to survive. On the other continuation of the regional regulation. hands, there are other people against the There is no concrete evidence for the decision working at the companies, implementation of the SKB. The Indragiri unfortunately the people work at the Hulu Regency Government does not care companies increased. In the year 2000 and about land grabbing that continues to 2007, the companies were public enemy, occur18. resisted the land grabbing, now they take and accept the companies presence. In the

17 Magallanes, C., & Hollick, M. (Eds.). 1998. Land Conflict in Southeast Asia: Indigenous People, http://nasional.kompas.com/read/2010/05/17/103 Environment and International Law. Bangkok: White 24076/Punahnya.Hutan.Suku.Talang.Mamak on Lotus Press, p 6-7 in Dini Suryani Structural Violation December 15, 2018, at 20.00 WIB Of Indigenous Human Rights In Indonesia: A Case Study 19 Riauonline.com. Pemkab Indragiri Hulu Komitmen Of Merauke Integrated Food And Energy Estate (Mifee) Akui Hak Adat Suku Talang Mamak. Accessed from In Papua. Journal of society and culture, Volume 18 http://www.riauonline.co.id/riau/read/2017/08/2 No. 1 year 2016 p. 101 4/sejarah-pemkab-IndragiriHulu-komitmen-akui- 18 Kompas.com. Punahnya Hutan Suku Talang Mamak. hak-adat-suku-talang-mamak on December 15, 2018, Accessed from at 21.00 WIB

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle year 2008 until 2013 they worked at the Constitution of the Republic of companies to survive. The indigenous Indonesia at Constitutional Court of people did it since their efforts to claim the the Republic of Indonesia, June 14, forest did not meet any good responses both 2012. from private companies and the local Setiawan, J., et al. (2007). Laporan Final government of Indragiri Hulu district. Penelitian: Analisa Konflik Pertanahan Even, in 2013, an NGO, has supported di Provinsi Riau Antara Masyarakat the people to return their rights on the land, dengan Perusahaan. Research and however, did not solve the battle. The NGO, Development Team FKPMR 2007. Mongabay Indonesia, only issued their Kompas.com. Punahnya Hutan Suku Talang findings related to the forest conditions. The Mamak. Accessed from zero action, both NGO, moreover http://nasional.kompas.com/read/2 environmental NGO, and the local 010/05/17/10324076/Punahnya.Hut government to return the indigenous rights an.Suku.Talang.Mamak on December on the forest, only aggravated the conflicts. 15, 2018, at 20.00 WIB. Kompas.com. Talang Mamak dan Masyarakat Adat yang Merana. Accessed from References http://sains.kompas.com/read/2010 Court Decision Number 35/PUU-X/2012 /04/03/23204793/Talang.Mamak.da about Constitutional Review Number n.Masyarakat.Adat.yang.Merana on 41 Year 1999 about Forestry in The December 17, 2018, at 13.00 WIB 1945 State Constitution of the Magallanes, C., & Hollick, M. (Eds). (1998). Republic of Indonesia. The Land Conflict in Southeast Asia: Constitutional Court of the Republic Indigenous People, Environment and of Indonesia. P. 102 International Law. Bangkok: White Gilbert, J. (2007). Indigenous Peoples' Land Lotus Press, dalam Suryani, D. Rights Under the International Law: (2016). Structural Violation Of From Victims to Actors. Leiden: Indigenous Human Rights In Indonesia: Martinus Nijhoff, in Suryani, D. A Case Study Of Merauke Integrated (2016). Structural Violation Of Food And Energy Estate (Mifee) In Indigenous Human Rights In Indonesia: Papua. Jurnal Masyarakat dan A Case Study Of Merauke Integrated Budaya, 18 (1), 97-109. Food And Energy Estate (Mifee) In MongabayIndonesia.com. Beginilah Nasib Papua. Jurnal Masyarakat dan Masyarakat Adat Talang Mamak Bagian Budaya, 18 (1), 97-109. 1. Accessed from Gilung. (2012). Talang Mamak: Hidup Terjepit http://www.mongabay.co.id/2016/07/24/ Di Atas Tanah dan Hutannya Sendiri- beginilah-nasib-masyarakat-adat-talang- Potret Konflik Kehutanan Antara mamak-bagian-1/ on December 15, Masyarakat Adat Talang Mamak Di 2018, at 21.30 WIB Kabupaten Indragiri Hulu, Provinsi MongabayIndonesia.com. Talang Mamak Riau Dengan Industri Kehutanan. Hak Ulayat Musnah Diterjang Budaya Presented as additional material Uang. Accessed from witnesses on Constitutional Court http://www.mongabay.co.id/2013/ Review No. 41 Year 1999 about 01/19/talang-mamak-hak-ulayat- Forestry in The 1945 State

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle

musnah-diterjang-budaya-uang/ on A Case Study Of Merauke Integrated December 17, 2018, at 13.20 WIB Food And Energy Estate (Mifee) In Pruitt, D. G., & Rubin, J. Z. (2009). Teori Papua. Jurnal Masyarakat dan Konflik Sosial. Yogyakarta: Pustaka Budaya, 18 (1), 97-109. Pelajar. Scott, J. C. (2000). Senjatanya Orang-Orang Riauonline.com. Pemkab Indragiri Hulu Yang Kalah, (Bentuk-bentuk Perlawanan Komitmen Akui Hak Adat Suku Talang Sehari-Hari Kaum Tani). Jakarta: Mamak. Accessed from Yayasan Obor Indonesia. http://www.riauonline.co.id/riau/r Spencer, H. (1896). Principles of Sociology, ead/2017/08/24/sejarah-pemkab- dalam Ram, A. (1992). Sosiologi. IndragiriHulu-komitmen-akui-hak- Jakarta: Erlangga adat-suku-talang-mamak on Sugiono. (2008). Memahami Penelitian December 15, 2018, at 21.00 WIB Kualitatif. Bandung: IKAPI. Schutter, O. d. (2009). Large-Scale Land Winters, J. A. (2011). Oligarki. Jakarta: PT. Acquisitions and Leases-Special Report Gramedia Pustaka Utama. on the Right to Food. Retrieved October 31, 2014 From Organisation for Economic Co-operation and Development: http://www.oecd.org/site/swacmal i2010/44031283.pdf, in Suryani, D. (2016). Structural Violation Of Indigenous Human Rights In Indonesia:

The Efforts of Talang Mamak Indigenous People to Maintain Their Existence in Customary Forest Resources Battle

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About The Authors

1. Rizky Octa Putri Charin. A Master Degree student in Indonesian Politics at Department of Politics and Government, Gadjah Mada University, Yogyakarta, Indonesia. She obtained her Bachelor Degree in International Relations from University of Riau in 2016. Corresponding: [email protected]. 2. Arief Hidayat. A Master Degree student in Indonesian Politics at Department of Politics and Government, Gadjah Mada University , Yogyakarta, Indonesia. He obtained his Bachelor Degree in Government Affairs from Padjajaran University, Bandung, Indonesia in 2008. Corresponding: [email protected].