Transactions Facilitate Forest Encroachment

DOK POLRES PIDIE

Piles of wood from the protected forest of Geumpang, Pidie District, Aceh Province were confiscated by the police as evidence related to the illegal logging case.

Many forest conservation areas have been illegally cleared and turned into community plantations. The buying and selling of land for agriculture in conservation areas has further encouraged forest encroachment.

JAKARTA, KOMPAS — Forest encroachment is being increasingly encouraged in a number of conservation areas partly due to illegal deals over land in protected forests that has been illegally cleared. Parts of protected forests have been turned into plantations that can change hands from one individual to another.

An investigation conducted by the Kompas daily in Kerinci Seblat National Park (TNKS), located in West Sumatra and Jambi, found illegal transactions involving farmland in protected forests, which is prohibited. There are dozens of hectares of a forest belonging to the TNKS that have been illegally cleared for agriculture near Nagari Gambir Sungai Sako Tapan in Ranah Ampek Hulu Tapan district, South Pesisir regency, West Sumatra. The forest is located in the hills to the north of the highway connecting Pesisir Selatan and Kerinci.

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At first, loggers entered the TNKS forest to harvest wood. After the large trees had been cut down, the encroaching loggers sold the deforested land to local residents, who then converted the forest area into farms and plantations.

Now, “squatters” have sold part of the deforested land in TNKS forest near Nagari Gambir Sungai Sako Tapan to 10 residents. One of the buyers of the illegally sold land is Budi (30). Six months ago, he bought 1.5 ha of land for Rp 5 million (US$350).

“When I bought the land, it was still [brushland]. I plan to grow coffee and cinnamon,” Budi said in May.

IRMA TAMBUNAN

Law enforcement officers found illegal wood in a state forest on the Jambi and South Sumatra border, Sunday (6/9/2020).

Budi does not have a land deed to prove his legal ownership of the hilly tract of land. However, he said he had received a letter from the squatter as proof of purchase.

“I just moved here from Aceh, so I bought land to develop a plantation instead of just staying at home. We are farmers. If we don't have land, what can we do?" he said.

He admitted that he did not know that the land he had purchased was part of the TNKS. He said there were no markers or signs showing that the area was part of the conservation area.

Still expanding

Forest encroachment into the TNKS does not occur only in West Sumatra, but also in Jambi. In fact, agricultural areas in the protected area have continued to expand until they have reached Mount Kerinci. The sale and purchase of forest areas has been going on for decades.

A large gate with the words Pintu Rimba (Door to the Jungle) welcomes all those who come to climb Mount Kerinci from Kayu Aro in Kerinci regency, Jambi. To the right of Pitu Rimba, Syahban (22) was spraying pesticide on weeds growing between potato plants.

He walked leisurely among big trees that were dead, but still standing. On the dried-out trees are a number of signs warning that the area was part of the TNKS.

Syahban was aware that the land was part of the TNKS. “This forest was cleared into fields from the time of my father or grandfather. I just carry on," he said.

The price of “farmland” like the tract Syahban owns is very high. Land measuring 324 square meters usually sells for between Rp 30 million and Rp 40 million.

Syahban said that part of the TNKS forest at the top of the hill had also been encroached. The newly cleared forest was selling for Rp 10 million per 324 sqm. "Land that has just been cleared is indeed much cheaper, because the buyer has to clean up the wood [debris] that has been cut," he said.

Legal measures against the perpetrators could be pursued only if law enforcement officers gathered evidence.

The head of the TNKS forest conservation center, Teguh Ismail, acknowledged that widespread encroachment was occurring in the TNKS. Legal measures against the perpetrators could be pursued only if law enforcement officers gathered evidence.

Teguh explained that the local residents had been involved in reforestation activities in the deforested land for the last few years. One of the reforested areas spanned the villages of Kebun Baru and Girimulyo in Kerinci regency. “We are working with six groups from two villages. Each group is working to restore 25 ha of degraded forest,” he said.

KOMPAS/DIONISIUS REYNALDO TRIWIBOWO

A logger pushes logs in canals towards the Mantangai River, Kapuas Regency, Central Kalimantan.

Meanwhile, responding to reports of illegal logging in Nagari Sungai Gambir Sako Tapan in South Pesisir regency, the head of TNKS West Sumatra Region II, Darwis, said his team had followed up on reports alleging that two residents, Yaparuddin and Eri Chan Pasnepil, were involved in illegal logging. The inspection, said Darwis, found that the wood stumps the residents had reported were outside the TNKS. However, he admitted that wood stumps were also found inside TNKS, around 79 meters from the perimeter boundary.

According to Darwis, a patrol by TNKS officers on 16 May in Nagari Sungai Gambir Sako also found forest encroachment covering 0.25 ha, but the perpetrator was not found. As for legal action against illegal loggers, Darwis said that TNKS officers and West Sumatra Police personnel had seized a truck containing 7 cubic meters of illegally harvested timber in Nagari Sungai Gambir Sako. However, according to Darwis, the perpetrators were acquitted in court.

Common practice

Illegal land deals that encourage the encroachment of forest conservation areas for farming have also become common practice in the protected forests of Kamojang Crater Natural Tourism Park in West Java. These illegal farmers can also transfer the right to grow crops in the protected forest area through buying and selling the land.

One farmer, DN (60), grows crops near Lake Ciharus. He admitted that he had been farming land measure 300 tumbak (4,200 sqm, at 1 tumbak equivalent to 14 sqm) for three years. He had bought the land from someone else.

The walk from DN's farm to the forest area that is still dense with trees is surrounded with forest areas that have been cleared into farms.

Farmer IR (38) grew cabbage, chilies, and beans on a farm of around 1 ha. He admitted that he had only been growing crops in that location for four months. He said he leased the land from an acquaintance identified with the initials AE, who had purchased 1 ha of arable land from another person. IR was indirectly involved in the transaction between AE and the previous cultivator. "The price was Rp 5.7 million. I provided the money," he said.

Under the PHBM, the community had to sign a cooperation agreement through the Village Community Forestry Body (LMDH) with state-owned forestry company Perum Perhutani.

Tatang Subara, the head of forest resource and social forestry development at the Garut Forestry Management Unit, explained that local communities were given the right to manage protected forests through a partnership scheme (PHBM). Under the PHBM, the community had to sign a cooperation agreement through the Village Community Forestry Body (LMDH) with state-owned forestry company Perum Perhutani.

The PHBM cooperation agreement prohibits transferring land use titles for land located in protected forest areas. This clause should be contained in the LMDH’s basic rules or bylaws. “Transferring the land use [title] is not allowed. But if there is such a situtation in the field, it depends on the LMDH's regulations," said Tatang.

Regarding the existence of illegal land deals involving protected areas for agricultural use in the Kamojang Crater conservation park, Himawan Sasongko, the head of the West Java Natural Resources Conservation Center, said he was aware of the practice. "I don't deny it. We have [gathered] information about it," he said.

KOMPAS/IRMA TAMBUNAN

Illegal processed wood in the state forest area in Muaro Jambi Regency is transported by illegal loggers.

However, the center made efforts to cooperate with the community and farmers as much as possible in encouraging them to stop forest encroachment and actively restore the forests through conservation partnerships. "I've been everywhere, in several provinces, often detaining people. It turns out that is not a solution," he said. (JOG/DIV/FRD/NDU/FAI/FLO/ILO)

(This article was translated by Hendarsyah Tarmizi)