ACCESS TO LAND AND CHANGES IN AGRARIAN STRUCTURE

ACCESS TO LAND AND CHANGES IN AGRARIAN STRUCTURE Mustapit Department of Social Economic of Agriculture, University of Jember, East Java, Indonesia mustapit.faperta@unej.ac.id ABSTRACT This study aims to examine the background and meaning of protected forest reclaiming by the coffee farmer community in Sidomulyo, Jember, East Java and the resulting flow of benefits. It also analyzes the mechanism by those parties in acquiring, controlling and maintaining the flow of benefits and power relations between them. Reclaiming of protected forest by coffee farmer community in Sidomulyo has an ideological purpose that is related to the reasons of morality, justice, normative and historical. It also has practical purposes that are related to economic and ecological value of protected forest. The main actors in conflict of struggle for agrarian resource (protected forest) are coffee farmer community and Perhutani. In addition there are also other actors that are indirectly related that is private parties (traders, investors and exporters) and government (village and district). Each actor has interests over protected forest as a contested resource. Interests of a coffee farmer community are to get livelihoods and their reclaiming is a social movement on agrarian crisis in their region. Interest of Perhutani is "access control": the ability to mediate others access to the resources they control (protected forest). Mechanism of reclaiming by the parties in acquiring, controlling and maintaining the flow of benefits from protected forests and their distribution is influenced by ability to access the technology, capital, markets, knowledge, authority, social identity, and social relations. Contestation is a dynamic process from the parties / actors (coffee farmer community, Perhutani, private, and government) that interact and negotiate their interests in the struggle for natural resources (protected forest). The contestation will lead to a new agrarian structure which is essentially a social change due to changing patterns of behavior, social relations, institutions and social structures also awareness and confidence on their village to be agro tourism village. KEYWORDS: agrarian structure, social change, reclaiming of protected forest. 54

INTRODUCTION There are two important things from the history of forest management in Java. First, as if the forest in Java is the inheritance of ruler without considering the existence and development of society, especially the villages in the forest and its surroundings. Second, the responses of policies do not directly resolve the problem. Starting from control of local kings in Java, moved to VOCs, continue to the Dutch colonial government, the short of Japanese control, moving to the Orde Lama until the year 1961, Perhutani established to carry out state control over forests (Ardana, 2008). Nowadays, all forest that has no individual ownership is under state control under the UUD 1945 (Article 33, paragraph 3). Further, the position of state with power get a basic of UUPA No.5/1960 (Article 2, paragraph 1) and the Act which recognizes the existence of "state forest" as contained in the Basic Forestry Law. 5 / 1967. This updated by the Forestry Law. 41/1999. The model of state forest in the history applied during the Dutch colonial period under the Governor-General Deandels (1808-1811) who had the program to restore the forests of teak (Tectona grandis) in Java. This is the starting point of the principle of state control over the region known as the "forest" (state forests). It was corroborated by the application of "Domeinverklaaring" as defined in the Forestry Act 1865 and then Agrarian Act (Wet Agrarisch) 1870 (Peluso, 1990; Peluso and Vandergeest, 2001; in Bacriadi and Sardjono, 2005). Forest areas in Java are now managed by four agencies. They are Perhutani, Forest Service, Directorate General of Forest Protection and Nature Conservation (PHPA), and the management of traditional Baduy. Baduy people autonomously manage their forests under customary law. (Baduy live in Banten region and obtain a special status since the Dutch colonial period). Nowadays, most forests in Java managed by Perhutani for full or limited production (Peluso, 2006). Community involvement in forest management in Java begins with the submission of post-colonial forest management authority to Perhutani Java in 1974. So, they developed a welfare approach called Ma-Lu program (Mantri-Lurah). After the World Forestry Congress 8 th held in Jakarta in 1978 with the theme Forests for People, Perhutani carried out the new program, Social Forestry, but it still has unclear operational form. Then in 1982, returned Perhutani refine their welfare approach in forest management with the Forest Village Community Development Project (PMDH) which aims to improve the welfare of rural communities and improve forest functions optimally. In 1985 the research team was formed to search for forest management system that is able to solve the socioeconomic problems of the communities around the forest. They succeeded in formulating a program of Social Forestry. At this period began to be known concept of agro-forestry. It also developed alternative form of Social forestry such as Management Regime project at KPH Madiun that considered the factor of affect the intensity of population pressure on forests, After political reforms in 1998, the Ministry of Forestry tried to change the paradigm of state-based forest management becomes more community based oriented programs through the introduction of Community Forestry. It also encourages the development policy of developing a new concept called Penanaman Hutan Berbasis Masyarakat (PHBM) or can be be called Community-Based Forest Planting. The policy was based on the Board of Perhutani Directors Decision No. 268/KPTS/DIR/2007). PHBM 55

using togetherness principle in forest management and aims to enhance the role and responsibilities of Perhutani, rural community and other parties interested in the sustainability of forest functions and benefits. Through this PHBM scheme, KPH Jember (Branch of Perhutani) manage protected forest on the southern slope of Mount Raung by forming Lembaga Masyarakat Desa Hutan (LMDH): Institute for Village Forest Communities. As people who live on surrounding forest, the resident of Sidomulyo Village, Silo Sub District, Jember District, depends on the forest. As coffee farmers, they used to be no problem with the land. They were still having vast land capable to meet their needs. Over time, these lands were fragmented, particularly through inheritance, so it reduced availability and carrying capacity of land. Even some residents eventually have no land at all that could be working on. This condition is in contrast with the surrounding area that is a vast forest. The openness of the political structure at the macro level during the reform spread to Sidomulyo and mobilize citizens to call for justice on natural resources (forest) management. Their movements have the shape of reclaiming against a protected forest which has been under the management of Perhutani. Forests that reclaimed then made by citizen as coffee farm. This social phenomenon that occurs in Sidomulyo is different from the cases, disputes, and agrarian conflicts in the existing forest areas elsewhere. Status of protected forest areas that are the object of reclaimed land is one differentiator with other studies that most of the conflicts in forest production, forest plantation and forest conservation. Besides the emergence of this phenomenon at contemporary, that is when the era of reform so having the newer backgrounds although can not be separated with a long history before especially for people relation with the forest. Social change (agrarian structure) due to reclaiming is also a new factor in the study of the dynamics of agrarian structure. The involvement of outsiders in many social phenomena in a forest village also showed that the village is no longer homogeneous and closed areas. The parties involved do certain practices in order to achieve their interests. This study aims to examine the background and meaning of reclaiming on protected forest by coffee farmers in Sidomulyo and also its benefit flows. It also analyzes the mechanisms that made by the parties in acquiring, controlling and maintaining the flow of benefits as well as power relations between them. RESEARCH METHODS The research was conducted in year 2010 in Sidomulyo Village, Silo Sub District, Jember District, East Java Province. The research method is a qualitative approach with multi-method case study strategy (Sitorus, 1998). This approach is to reveal the condition of "harmony" contestation of protected forest betweenthe parties, especially the Sidomulyo citizens (coffee farmers) and Perhutani. It also to understand and identify sociological symptoms related to reclaiming of protected forests and changes in agrarian structure and the condition of "harmony" contestation of the parties. It was used a method of sociological history to observe the dynamics of Sidomulyo citizen and Perhutani over time. The method of case history / historical was selected because of reclaiming of protected forest is not a social event at a particular time but 56

rather a social process within stretches of time. Besides the social processes that were examined are limited in contemporary time at which some subjects are still alive. RESULTS AND DISCUSSION Conflict of Meaning about Natural Resources (Forests) The Meaning of Reclaiming According to Citizens The term reclaiming although not yet have a standard definition, but it is popular in agrarian cases. This word means "get back". Meanwhile, in the sense defined by YLBHI, reclaiming movement is: "An act of resistance, conducted by oppressed people to regain their rights such as land, water and other natural resources, as well as other production tools in a fair, in order to create prosperity of the universe people. As the process to regain the rights, the reclaiming of farmers basically is as a response to treatments carried out by the other party to them (Wijardjo and Perdana, 2001). As a rural community living around the forest, it is not surprising that Sidomulyo Village residents have a high dependence on forests. Their dependence on forest is not only on ecological aspects, but also on economic aspects and social and even cultural. Determination of the status of protected forest by the Government which means only to ensure the ecological function does not stop the residents to continue taking advantage of the protected forests. In social perspective, the forest is a space for daily activities of Sidomulyo community. In the forest they interact with other citizens in order to find something that can be used as grass for fodder, firewood, vegetables and so on and especially spending time in the afternoon. In these interactions appear dialogues between them in understanding the linkages of forests with life. They always compare the condition of the forest from time to time with all the status and policy management. They feel that the forest is something that can not be separated from daily life. Ancestral stories, news or announcements from the village and Perhutani officers, extension of government officers were accumulated and so they bundle it into knowledge. These knowledges ultimately shape their attitudes to forests dynamically. For Sidomulyo community, forests have a special meaning to their lives. Their ancestors were still free to open it, although according to Dutch law it is not allowed. Forest control by the Dutch according to them was colonialism. The forest is a common resource that can be used by anyone. Opening the forest itself is a struggle which requires courage and durability. Thus, control by those who open it is a necessity regardless of any laws. Moreover the law enacted by the Dutch, in their opinion is clearly not valid because they do not acknowledge the existence of the Netherlands as a ruler. As is general in other areas, the forest is where those who want to avoid power or the people who lose or do not agree with the power. Since the beginning of the opening of the Sidomulyo Village and other suburban forests in Indonesia was ever so often the conflict of forest tenure. Claims appear from those concerned with any argument. Turnover time does not eliminate these claims, their argument also adapt to changing times. Even with changing times Sidomulyo 57

increasingly residents were able to develop arguments with more knowledge accumulated through the stories of parents, education, mass media, and so on. Sidomulyo residents established paguyuban (similiar with associations) for coffee farmers to preserve the meaning and values of reclaiming. Not every the established association can be always trusted by its members because not all the board in each association understand its roles. So that the board was often turn over and caused the dynamics within the community. The Meaning of Reclaiming According to Perhutani Perhutani privileges in managing these forests issued many regulations that are not different from the Dutch regulations. This condition is very detrimental to those living around the forest since their ancestors already had relations and dependences on forests. Perhutani forest management has meanings which are reflected from their vision and mission. For Perhutani, meaning the forest can be seen from the vision: "To become a sustainable forest manager for the greatest prosperity of the people". Their first mission is: "Managing forest resources with the principles of Sustainable Forest Management based on its characteristics and carrying capacity of Watershed Area (DAS) as well as enhance the benefits of timber and non-timber, ecotourism, environmental services, agro-forestry and other potential forestry-based businesses to generate profits to ensure a sustainable growth company. This mission is indicating that forests have economic purposes for Perhutani. Second mission of Perhutani is: "To build and develop businesses, organizations and modern professional and reliable corporate human resource, and empowering the rural community through the development of rural cooperative economic organizations of forest or forest farmer cooperatives". This mission is still showing the economic purposes because associated with internal management. The community empowerment is does not mean social significance, but rather as a form of corporate social responsibility. Third mission of Perhutani is: "Supporting and participating in regional development regionally and nationally, as well as contributing actively in solving environmental problems regionally, nationally and internationally". This mission indicates the existence of socio-economic significance (regional development) and the meaning of the environment (environmental problem solving). Three missions of Perhutani indicate a very dominant economic significance. This is actually not in accordance with the organizational form of Perhutani which according to Law No. 9 Year 1969 has business meaning and company objectives: public service and balanced profit. This means that between the social and economic significance must be balanced. This condition is also impact of unresolved issues about the meaning of stateowned enterprises (including Perhutani), whether for economic purposes or social service or both of them? The right answers will provide clarity of state-owned enterprises including Perhutani. 58

Conflict of Property Rights and Access to Agrarian Resources Property rights and access related to relationships among the people regarding the benefits and values (Ribot and Peluso, 2003). The benefit is important, because people, institutions, and communities living on and for profits, also odds and work well for the profit. The key distinction between access and property lies in the difference between ability and right. Ability is akin to power, which defined in two senses: first, as the capacity of some actors to affect the practices and ideas of others and second as emergent from, though not always attached to people. Property generally evokes some kind of socially acknowledgement and supported claims or rights- whether that acknowledgement is by law, custom, or convention. Conflict of property over protected forest between Sidomulyo citizen and Perhutani Jember revolves around the claims of each party. Perhutani claim rests on a formal legal from government regulation (PP) Number 15 Year 1972, PP No. 2 Year 1978, PP No. 36 Year 1986 and PP No. 53 Year 1999. Meanwhile, residents claim rests on morality values, justice, normative and history. These values have no legal basis, but its received widespread support from the community. In addition residents claim based on their ability to generate benefits (economic and ecological) of protected forest management. Increasing benefits of protected forest produce value on community. The value is "power" to benefit from existing plots in protected forests which has become coffee plantations. The "power" does not have proof of ownership, but is recognized by the public and can be transferable with "compensation". The "power" is access, refers to Ribot & Peluso (2003) defined as: "the ability to benefit from things, including material objecst, persons, institutions and symbols". By focusing on ability, rather than rights as in property theory, this formulation brings attention to a wider range of social relationships that can constrain or enable people to benefit from resources without focusing on property relations alone. Likewise Sidomulyo citizens, access to protected forest produce agrarian power relations between the parties related to reclaiming either directly or indirectly. Empirically, access to protected forest is carried out by the citizens through reclaiming and making coffee plantation. While Perhutani only have control rights but can not benefit. In this case, there is range of powers that affect the ability of Sidomulyo citizens to benefit from protected forests. These powers constitute the material, cultural, and political economic strands within the bundles and webs of powers that configure resources access. Access is shaped and influenced by technology, capital, markets, knowledge, authority, social identity, and social relations. Access conflict revolves around the rivalry of the parties to benefit from resources (protected forest). It is based on the existence of people and institution that "controlled" access to resources while others are "maintaining" access through those who have control. Distinction in relation to this access can help to understand why there are people or institutions that benefit from resources, either they have right or not on these resources. Residents benefit from protected forest by cultivating coffee plantations. To maintain this access they provide a "duty" to Perhutani officers. Access maintenance is an underground strategy to keeping from Perhutani officers damaging their coffee plantation in protected forest. This strategy is attractive to Perhutani, so they established Lembaga Masyarakat Desa Hutan (LMDH). This institution aims to accommodate the 59

payment "duty" that had been paid by farmer into Perhutani officers. It then become "sharing" and could be received as legal deposit like from production forests. The amount of benefit distribution is being conflict between farmers and board of association who set it without mutual agreement. The manager trying to meet the targets assigned to him, while the farmers felt the amount is not fair because it does not consider the condition of plantations and crops. The difference of interest is still not lead to open conflict, because the farmers still have not found a good opportunity to show his attitude to the management of association or Perhutani. Changes in Agrarian Structure Distribution of Reclaiming Benefits Reclaiming as a form of access to protected forest by Sidomulyo citizens has generates benefits. The benefit comes from the coffee plantations in the reclaimed protected forest. To maintain this access, they initially gave "duty" to the Perhutani officers. The "duty" is then accommodated by Perhutani and recognized as the "sharing" as received from the pesanggem in production forests. Even through Surat Perjanjian Kerjasama: SPK (Letter of Cooperation Agreements), Perhutani decided 1/3 of harvest is their share. The benefit of reclaiming is not only enjoyed by the two main actors (farmer and Perhutani). During the cultivation of coffee, both in maintenance of coffee plantation and harvesting, creating many job opportunities. So that agricultural workers can easily get a job that means also income. After that, the processing of the coffee fruit into coffee bean into is also creating job opportunities and opportunities for application of technological innovations. After that the marketing of coffee creates opportunities for traders to take profits. The economy activities in rural areas encouraged local government to improve their services and implementing development programs to support their citizen s activities. Contestation of the parties in reclaiming protected forest with all interests will lead to a new agrarian structure. Changes in agrarian structure is basically a social change due to changing patterns of behavior, social relations, institutions and social structures particularly in the community of coffee farmers and generally in Sidomulyo Village. It can be seen from the change of the elements of the agrarian structure as mentioned by Tuma (in Sitorus, 2002), which includes: land ownership, land and income concentration, social differentiation, business competition, and the ratio of land and labor. Land Ownership Land ownership of respondents did not show a direct addition, because coffee plantations in the protected forest can not be owned. But from benefit of the coffee plantations, some of the respondents claimed to be able to buy land in the village. Effective control of land as mentioned Wiradi (1984) that prior to the reclaiming ranges on average 1 hectare changed to 2 acres more. These average figures b not reflect the real situation but it only shows the increasing of change in the average of land holding 60

that reaches 100% even more. Even of the 30 respondents were 10 people of them previously did not have the coffee plantations at all. The ownership of coffee plantation in protected forests is not all coming from their own works. The survey showed that most respondents (14 people or 47%) accessed the coffee plantation by buying or compensating from others. Respondents who accessed by their own work are 13 people (43%) and the rest (3 people or 10%) accessed by their own work and buying. The pattern of coffee plantations ownership is indicating the commoditization of land as a production factor. Land in protected forest which has been turned into coffee plantations is to be something valuable and can be transferred even without proof of ownership. The value of coffee plantations in the protected forest was is not based on its wide, but on the number of coffee trees and its condition. Land and Income Concentration A more regular transfer of coffee plantation in protected forest land to those who can afford to buy leads to concentration of land on the owners of capital. The concentration of this land leads to concentration of income. Those who hold the more coffee plantation will earn more income. There are some people who finally hold the coffee plantations in protected forests in big amounts until hundreds of hectares. They never acknowledged what they hold, but many residents know that because they often buy from the people who sell. In addition, they also have many workers who handle jobs on coffee plantations in protected forests. The average income of residents from coffee plantations in the forest per year is linear to the wide of coffee plantation (See Table 1). Who s accessed more wide of coffee plantation will earn greater income. Nevertheless there are several factors that affect these quantities are: the number of coffee trees, plant age, harvest, the amount of duty, the price of coffee, and farming costs. Tabel 1: Average income of coffee farmer in reclaimed protected forests No. Wide of coffee plantation Average income/year (Rp) (Ha) 1 0,5 3.667.000 2 0,5-1 8.583.444 3 1-2 12.648.722 4 2 29.401.500 Social Differentiation Social differentiation of Sidomulyo citizens occurred from dynamics of reclaiming on protected forest. Citizens who accessed the coffee plantations in protected forests had been created new social groups based on common socio-economic conditions and the same interests. Increasing income that they earned from the coffee plantations in protected forests was changed their economic conditions. With the new economic conditions, their social life also began to change. Their participation is driven by the need to exchange information among residents, especially the access of coffee 61

plantations in protected forests. Information ranges from coffee plantations on the development of their existence, availability of fertilizers, coffee prices and labor. From observations indicated a more intensive social interaction between citizens who accessed the coffee plantations in the forest compared with who do not. In a religious meeting, they are also clustered in a group of those who have access of protected forests. Moreover in a group of farmers, members of which have coffee plantations in protected forests are more active because of their need for facilities that can be obtained from the larger farmer groups. Through farmer groups they can access projects from government and private. Although the projects aimed to development of coffee plantation in the village area, but they are also use it for coffee plantations in protected forests. In a group of farmers, there is social stratification based on land ownership and then be a consideration in the management position. Those who have a relatively large land will get are more strategic positions than those who just have a narrow land. Business Competition Cultivation of coffee in protected forests can not be separated from the competition in several respects. The most dominant is the need for fertilizer. Besides the need for labor in the coffee plantations that require a lot of people is also led to competition. Marketing of coffee bean is also has competition. Competition for fertilizer among farmers has often caused tensions between them. Each wanted to get fertilizer as much as he needed. Those who hold wide land want to be prioritized because of their big need of fertilizer. They feel that their need was the assurance for the distributor to provide the allocation of fertilizer in the region. While those who hold narrow land called for equity and justice in allocation of fertilizer. Policies of the farmer cooperation are favor of those who hold narrow land. However, in practice, because of those who hold wide land sit as a board of the cooperation, then they can get fertilizer more than the quota. Competition to get labor was dominated by wide land holders. This is because the workers prefer to work on wide land holders due to continuity of work. It means they will get more wages. Despite that narrow land holders are even more care to labor by providing consumption and giving higher wages. But because it only a narrow land that means a little work so it becomes not attractive for them. Competition in marketing coffee did not occurred among farmers, but on traders. The traders are those that deal directly with farmers, namely: penebas, trader for the local market and trader for export market. Every farmer has its own reasons to choose whom they will sell their coffee. Lad and labor ratio Sidomulyo village has 4984.3 hectares of land. The most land is forest and used for the plantation. Farming land is only 465,8 hectares, while citizen who work as farmer is 5126 person. Therefore, every farmer just holds 908.7 m2 or less than 0.1 hectares in 62

average. It can also mean a hectare of land should be able to absorb more than 10 farmers. The ratio of land and labor pushed some residents to work outside Sidomulyo village. Reclaiming thousands acres of protected forest were given a solution to the small ratio of land and labor. Even some residents who work outside then return back because of the opportunity to have coffee plantation. Nowadays, almost all households in the Sidomulyo village have coffee plantations in protected forests, although only 0.25 hectares or about 400 coffee trees. Changes in agrarian structure above can directly solved rural unemployment. The coffee plantations of reclaimed protected forest were proved directly increased the ratio of land and labor, improving income and employment. It also pulled back people who work outside village and hired labors from outside the village. Implications on Agrotourism Changes in agrarian structure have implications for the village community. Their awareness of products value is increasing. They believe and more confident that coffees they produced have special taste and characteristics. Their confidence was proofed by accepting UTZ-certification. UTZ CERTIFIED is sustainability programs for coffee, cocoa and tea, one-third of all coffee that is sustainably traded worldwide is certified by UTZ. So they will name their coffee with coffee Sidomulyo. The awareness and confidences of Sidomulyo farmer is supported by local governments who plan Sidomulyo as tourist villages. The government has begun to prepare and organize this village as a tourist destination. With the status of village tourism, Sidomulyo will be more advanced, because with the increasing number of tourists will encourage rural development. CONCLUSIONS Reclaiming of protected forest by Sidomulyo farmers have ideological purpose that is related to the reasons of morality, justice, normative and history. It also has a practical purpose that is related to the economic and ecological value of protected forests. The main actors in conflict of protected forest are village resident and Perhutani. In addition there are also indirectly actors namely the private parties (traders, owners of capital and exporters) and government (local, regional and national). Reclaiming as a form of access to protected forest has provided benefits. The coffee farmers give a "duty" to Perhutani officers and then accommodated by Perhutani and recognized as the "sharing" of production. Reclaiming also create job opportunities and opportunities for application of technological innovations, opportunities for traders to take profits, and encourage the village government to improve public services. These benefits attracted the owners of capital to make investment in coffee farming and marketing. Contestation of the parties is importance in the context of the struggle for natural resources (protected forest). They interact each other into two forms of agrarian power relations, namely: the technical relationship between the main actors (community of coffee farmers and Perhutani) with the object of agrarian (protected forest), and social 63

relations (relations between the parties). Negotiation of their interests located in conflict of meaning and conflicts of rights and access. The contestation will lead to a new agrarian structure which is essentially a social change due to changing patterns of behavior, social relations, institutions and social structures also awareness and confidence on their village to be agro tourism village. REFERENCES Ardana, R. 2008, Seputar Hutan Jawa, viewed 5 February 2011<http: www.arupa.or.id>. Bachriadi, D. & Mustofa Agung Sardjono, 2005, Conversion Or Occupation? : The Possibility Of Returning Local Communties Control Over Forest Lands In Indononesia. Makalah pada International Exchange in Environmental Governance, Community Resource Management and Conflict Resolution (Green Governance/Green Peace Program), The Institute of International Studies, University of California Berkeley, and the KARSA Foundation (Indonesia), Jakarta. Peluso, N.L, 2006, Hutan Kaya, Rakyat Melarat: Penguasaan Sumberdaya dan Perlawanan di Jawa.Konphalindo, Jakarta. Ribot, J.C. & Peluso, N.L, 2003, A Theory of Access. Rural Sociology. Volume 68, Number 2, pp 153-181. Sitorus, M.T.F, 1998, Penelitian Kualitatif: Suatu Perkenalan, Kelompok Dokumentasi Ilmu-ilmu Sosial, Jurusan Ilmu-ilmu Sosial dan Ekonomi Pertanian IPB, Bogor. Wijardjo, B. & H. Perdana, 2001, Reklaiming dan Kedaulatan Rakyat. YLBHI and RACA Institute, Jakarta. 64