|
Medan,
Perjuangan (4 August 2001)
The
Renun Hydroelectric Power Plant (Renun HEPP)
located in Sumbul district of Dairi regency and
being planned to operate in 2005 is still owing
to the tribal land owner of local community as
the valid owner since many generations.
The
aforesaid owners are clan Matanari, Lingga, and
Manik. The community land is located in arround
Lae Pondom (buried river) in Pegagan Julu II
Tanjung Beringin of Sumbul district, not
Silalahi village.
This
area now has been become a base-camp,
residential part, and infrastructure and tools
buildings of Renun HEPP mega project financed by
the Japan Bank for International Cooperation (JBIC),
as the creditor.
According
to a Raja Adat (tribal leader), Mr. TM. Matanari
said that their community means the symbol of
Law in many living and social aspects of the
area. So the existence of the land is not only
speaking about the advantage and disadvantage
position but more than that, it is a wealth
heritage which can not be bothered by whoever
without any valid permission from the community
land owner. In fact, the community are very wise
people. They never oppose any development
projects as long as the projects also do not
inflict a loss over their living needs
economically and socially.
They
deem the Renun HEPP did not respect the local
Law which prevails there. It is proved by
nothing of compensation that they should have
received from the PLN party regarding their land
that had been taken over.
Meanwhile,
local customary Law or rights is assured by the
Government Law. During the Dutch Colonial
occupation in the country, community land was
recognized by the Dutch government here, H.
Hamdani Harahap said (Director of Legal Aid
Bureau of Citra Keadilan Medan) when
Perjuangan’s reporter contacted him in his
office on August 2nd, 2001.
All
of forms from ancestor heritances such as stuffs
from clan and tribesman are entirely regulated
in custom Law. The custom law is a society
characteristic of indonesian and as well as
national characteristic. And it is very
erroneous to state that the custom law
restraints a region development.
According
to Hamdani, whether like or dislike, all parties
should admit every customs prevail in every
regions, included every single detail parts.
When one does not admit the custom he also does
not respect history, while he is a part of
history itself, and he can be categorized
as one does not know how to behave.
Concerning
this coming decentralized autonomy, Bupati
(regency officer) of Dairi must set an equal
position between local community, in this case
they are who positioning as tribal community and
other indigenous people segments, and the
outsiders. The outsider parties must respect all
custom law and other local regulations. No one
can act if he acts against the custom law nor
regulations. Moreover, activities that
confiscate their wealth heritance as Renun HEPP
did. If the project aims to develop prosperity
for people, the most important attention should
be prioritized to the tribal community as the
holder of tribal rights and they should also
respect local regulations. PLN and the local
government should clear problems in relation
with people rights.
We
all know that in every region, local regulations
prevail everlasting and no one dares
ignore them. Beside, every custom law and local
regulations are assured under UU Pokok Agraria
(the Agrarian Basic Law) No. 5, 1960 and
Peraturan Menteri Negara/Kepala Badan Pertanahan
Nasional (State Ministry of Agrarian
Regulation/Head of National Agrarian Body) No.
5, 1999 and still there are many supporting
regulations.
For
the time being, the tribal community that are
inflicted a
loss by the project still fight over their
rights wisely and the Renun HEPP (PLN) has to
respond them wisely, too. Because if it does
not, there will occur implication on dissocial
and other impacts. It can mean creating
disaster. And in fact, no one wants it. That’s
why before this is getting acute and
accumulated, the PLN and local government and
the community land owner along with other
society must sit together to solve the prolonged
problems, and find a mutually beneficial
solution.
|
