The Simalungun District Court (PN) has sentenced the defendant Sorbatua Siallagan (65) to two years in prison and a fine of Rp2 billion or six months in prison on Wednesday (14/7) last week. Sorbatua, who is the traditional elder of Ompu Umbak Siallagan, was charged with occupying a state forest area in Huta (n?) Dolok Parmonangan, Nagori Pondok Buluh, Simalungun Regency, North Sumatra.
The concession permit for the area is also held by PT Toba Pulp Lestari (TPL).
“As a legal advisor and also a family, we are disappointed, although we respect the decision. But in principle we are disappointed,” said the Indigenous Peoples Advocacy Team of the Archipelago, Hendra Sinurat, to VOA, Tuesday (8/20).
So far, the area managed by Sorbatua has been the traditional territory of Ompu Umbak Siallagan and has been managed by his descendants for 11 generations.
No half measures, this customary area has been cultivated by Ompu Umbak Siallagan and his descendants for 11 generations.
However, the panel of judges still held that Sorbatua was guilty, because his claim to customary land was not proven based on official information from the Ministry of Environment and Forestry (KLHK). The status of customary land requested by Sorbatua is still only a proposal.
Now, Sorbatua has filed an appeal memorandum to the Medan High Court, Friday (16/8), through the Simalungun District Court. Hendra said the appeal was taken because his party still believes that Sorbatua is not guilty of what he did on his own customary land.
“We also received the appeal list from the Simalungun District Court last Friday. Within a week we will compile the appeal memorandum and we will submit it through the Simalungun District Court to be sent to the Medan High Court,” he said.
Hendra also explained that there was something odd about this case, namely that the panel of judges found Sorbatua guilty of violating Law Number 11 of 2020 concerning Job Creation. In fact, the law is no longer valid and has been replaced by Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law.
“There are two arguments (we have), first regarding the determination of forest areas. Second, we still believe that the law used is no longer valid. The prosecutor and panel of judges charged, prosecuted, and sentenced Sorbatua with Law No. 11 of 2020 concerning Job Creation where the law has been replaced with Law No. 6 of 2023,” explained Hendra.
Hengky Manalu from the Tano Batak Indigenous Peoples Alliance (AMAN Tano Batak) said there were overlapping claims on the Ompu Umbak Siallagan customary land made by PT Toba Pulp Lestari (TPL).
“The indigenous community of Ompu Umbak Siallagan's descendants claims that it is their customary territory because it has been occupied for a long time. But the presence of the PT TPL company on the customary territory marginalizes their rights. So actually there are overlapping claims that occur on the territory,” he told VOA on Tuesday (8/20).
In 2019, Sorbatua and several other indigenous communities met with the Minister of Environment and Forestry, Siti Nurbaya Bakar. At that time, the Minister of Environment and Forestry issued a decree on resolving the conflict between indigenous communities and PT TPL. Unfortunately, the effort has been deadlocked until now.
“Meanwhile, the community of Ompu Umbak Siallagan's descendants has made efforts through the local government, province, and ministry to immediately resolve the issue. However, there has been no clarity that the indigenous community has received until now,” said Hengky.
Furthermore, the indigenous people who did not receive attention from the government immediately took the initiative to re-manage their customary land such as planting trees and vegetables. However, this was opposed by PT TPL by reporting the indigenous people to the North Sumatra Regional Police.
“So the company made an effort to stop their steps by reporting to the police to the North Sumatra Regional Police. Several times the security officers prohibited the activity but the residents remained at the location. PT TPL seized it because they were there without any socialization to the community. So the unilateral claim made by PT TPL on the Ompu Umbak Siallagan customary area,” explained Hengky.
Hengky assessed that Sorbatua was only trying to fight for his customary land. The verdict given by the Simalungun District Court against Sorbatua further complicated the criminalization of the customary elder. “There has been a long process of them in the village from generations until now. From what we checked, they have been there for tens of generations. So what was made (the verdict) by the judge is certainly proof that the state or government does want to criminalize the indigenous people so that they stop fighting,” he said.
The criminalization of Sorbatua is also seen as a way to stop the struggle of indigenous people who want to regain their rights. “The court's decision is very flawed and has no strong basis because Sorbatua Siallagan farms and manages his own customary land,” said Hengky.
Then, Hengky said that so far there has been no process of determining the state forest area carried out in North Sumatra Province including in Simalungun Regency. However, it is only limited to designation. “It is still only limited to designation (the process of determining the state forest area). So on what basis did the judge decide that Sorbatua occupied the state forest area? That's why we consider this unfair and purely a form of criminalization made by the state against the struggle of indigenous peoples,” said Hengky.
Meanwhile, PT TPL spokesman Salomo Sitohang only gave a brief response regarding Sorbatua's appeal. PT TPL also did not respond to the Ompu Umbak Siallagan customary land claim. “TPL respects the legal process and the decision taken by the panel of judges in the trial,” he told VOA via a message on an online chat application, Wednesday (8/21).
Previously, at the trial on August 7, 2024 with the agenda of reading the defense notes or plea, Sorbatua said that he only occupied the customary territory of his descendants. “I did not occupy anyone's land. I occupied the customary territory of Ompu Umbak Siallagan. This May we were supposed to carry out the Manganjab traditional ritual. But we couldn't do it, because I was in prison. Even though I have never committed a crime or criminal act,” he said.
Sorbatua was arrested by police while buying fertilizer with his wife on March 22, 2024. At the time of the arrest, Sorbatua's wife was not given an arrest warrant. His wife was left alone with the car and fertilizer. (aa/ns)
