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Introduction Up to now, July 2007, more than 13 months already gone from the beginning of the hot mudflow disaster. However, the realization of the amends is still not running well. The written agreement of the amount of the amends among Lapindo, the victims and the government had just been obtained on Desember 4th, 2006. In fact, a lot of problems still left as the agreement between Lapindo and the victims basically were not really finished yet as it could seen clearly afterwards.
What is the real problem? There is no a certain answer, it depends to whose people we are asking for and what kind of point of view they are using to answer the question. Different answer will arise when we asked either Lapindo, the victims, the government, the experts or the observers.
In this serial of articles, we attempt to disentangle the problems from different point of view which is actually related from one to another. We will separate the articles to ease the explanation and gradually understanding of the content. The content of the articles is the result of discussions among the TCS members which has different perceptions and view and also our direct involvement since February 2007.
We attempt to absorb all the perceptions coming from different parties and understanding their position. The priority, of course, we will give to the major involvement of the parties directly to the problems, such as the victims, Lapindo, Sidoarjo Regent Government and Central Government.
Our main objective is the achievement of fair problems solutions for every party’s in win-win solution. It might be possible our statement opposites the public opinion or differ with the opinion of the four major parties. However, we do not have any intension to force into the corner any parties. We want to ask all the parties to go to the same side and working together to find out the solutions.
Based on our experiences, problems reconstruction will either grew up or changed according to the additional information. Therefore, your suggestions and comments will be an important part of the achievement of the objective.
We believe, and we kept it from the beginning, that the victims HAVE TO get a suitable and fair compensation as they are the most suffered lose by the disaster. Regarding the kind of compensations and who will responsible for it, will be the part of the process in achieving the real agreement among the four parties.
Facet of Problems in Porong There are several facet of problems appear as the impact of hot mudflow disaster in Porong, Sidoarjo, East Java. Some of them are as follow:
1. Law Problems;
2. Technical Problems;
3. Social Problems;
4. Disaster Funding Problems;
5. Regional Economic Problems;
6. Cultural Problems;
7. Politics; and
8. Environment and Spatial Problems.
We will put the compensation for the victims as a part of Social Problems even it is not precisely.
The number of problems appear and the difficulties to handle each dimension of problems cause the Sidoarjo hot mud disaster becoming more complicated. Based on our observation, the comprehensive is not defined yet and in the other side the disaster probably going bigger. If it is not handled intensely, there is anxiety that the number of the victims will grow up and the problems getting more complicated.
Compensation: The Original Problems Trapped Lapindo sent a letter to National Team for Siadoarjo Mudflow Mitigation on December 4th, 2006 and agreed the following points of amends:
1. Willing to give compensation in form of contract of purchase.
2. Payment will be done based on the corporate social responsibility (CSR).
3. Compensation will give in two form of choices:
a. In Cash, according to the following calculation:
i. Compensation for courtyard is Rp 1.000.000,- per-square meter.
ii. Compensation for building is Rp 1.500.000,- per-square meter
iii. Compensation for the paddy field is Rp 120.000,-/ per-square meter
b. Relocate to another new location named as New Sidoarjo Region.
If we read carefully to the letter sent by Lapindo, it seems that Lapindo refuse to be the only party blamed and has to take fully responsibility for the disaster. Their statement that the amends will be in form of contract of purchase (means Lapindo will buy from the victims) and the payment will be done as a form of CSR are the indicators of the company intention.
Does the Lapindo reluctance was going to be the prominent cause of protracted of the amends as accused by most parties? According to our opinion it is not fully true. It is probable and normal Lapindo has that kind of reluctance, however there are another aspects which is more suitable refers as the main problems. First, the problems concerned with the Law considerations. Second, the problems concerned with incorrectness and inaccuracy of land and building ownership recording before the disaster happened. This should be the responsibility of residents as the owner and the public officers who has the official authority.
In our point of view both of them are the prominent cause even there are other dimensions involved.
The law considerations will explain in separated article. However, in brief we could say that in Lapindo’s point of view they do not want to be blamed as the only party caused the disaster before their punished by the court and they have reasons evidences of their unguilty. In the other side, the surrounding and most of Indonesian peoples are convinced that Lapindo is guilty based on the evidences and statement stated by the experts.
Up to now, the trial process seems stagnant and can not be extended to the next stage as there is a different of view between the Police Force, represented by East Java Police Force and the Counsel for the Prosecution represented by East Java office of Attorney.
Administration Incorrectness of Land Ownership aw uncertainty has been spread out to other dimensions and practically this causes the protracted of the amends. The fate of disaster victims becomes uncertain. The long waiting period and uncertainty of compensation are making them loose of patient. They have already done everything, beginning from struggling through negotiation and by doing the mass action through demonstration and blockade public facilities. These actions have sympathetic a lot of parties and forced the government to be seriously handling the problems. Unfortunately, all just only the written agreement and difficult to implement.
Another problem of the realization of compensation is the difficulties of the victims to process the payment administration requirement. The compensation with the purchase-buy scheme as agreed on Desember 4th, 2006 and confirmed by Presidential Regulation No.14 year 2007, legally should be follow the agrarian regulation in Indonesia. The administration requirement process will be faster to finalize if all the victims already have the Certificate of Land Ownership (SHM) and Building Permit (IMB).
Unfortunately, most of the victims, predicted to 90% not included the victims from Perum TAS 1, has not had yet the Certificate of Land Ownership and Building Permit. The evidence they had now generally are Pethok D dan Letter C. Legally, both of evidence is valid but difficult to be a reliable evidence as both are only recorded in Village Office and still not submitted yet to the Land National Affairs who has the authority of land matters in Indonesia.
When we obtained a deep understanding, we found that a lot of cases concerning pethok D and Letter C owned by the victims are had legal problems caused by the incorrectness of historical administration recording of ownership. For example, we found the inconsistence of data owned by the victims comparing to data recorded in the Village Office. We also found the transferred ownership not recorded yet in the Village Office. Some already divided into several peoples but the ownership still belongs to the original owner. Some already bequeathed to the lower generation and the original owner already passed away. In fact, some of the victims have only the payment receipt without supported by the written evidence of ownership.
The Problem of Building Permit has identically with the land ownership problem, though its lesser complicated. Most of the peoples do not have a Building Permit even though they always paid the land tax according to the invoice of Land and Building Tax. (Pajak Bumi dan Bangunan or PBB). Some of them already renovated by extending their home but they did not process the new Building Permit so they only have the old one.
Ironically, the potensial problems aroused from the administration incorrectness was not anticipated from the beginning, when the disaster just started up. At that time most of the houses still not fully sank and physically can be directly observed so as the documents required can be prepared quickly. Besides that, unfortunately there was no a proper socialization and publicity to aware the surrounding peoples about the potential of the problem.
Value of Land Compensation is Far Above of the Existing Market Price ased on the information received, we found that the value of land compensation for the courtyard, Rp 1.000.000,- per-square meter, is 2 to 3 times higher comparing to the real market price in that area. For one reason the compensation value deemed to be a normal price as the immaterial loses of the victims can not be replaced by the agreed compensation scheme. However, in the other side this value compensation caused to occur another new problem either to the victims already agreed to be paid their compensation or to the residents surrounding the disaster area.
We found one implication that some of the victims had a cultural changing as according to their calculation they will get a lot of money never thought before. Initially, they thought a nice hope. However, it became a frustration and an anger as until now their hope still not realized yet.
For the peoples surrounding the disaster area appears the expectation that they will get the same amount of compensation when the mudflow came to their land. The phenomena can be seen clearly from the peoples of 4 villages in south side of the pond, such as Mindi, Pejarakan, Kedungcangkring dan Besuki. Recently, they often to blockade the sand and stone trucks owned by the BPLS contractors and this makes all the employee can not work optimally. Based on such condition, they expectation is very human. Besides they’d seen the prerequisite, the surrounding area not attracting anymore for business and living.
In the safe area at Sidoarjo Regency, the price for rent houses is 2 to 3 times up. This situation, of course, will worsen the victims already received the compensation for rent the house. According to the formerly calculation, the Rp. 5.000.000,- as the value of compensation for 2 years rent of the house and added by Rp 500.000,- for transportation cost will be enough since the reference rent rate before the disaster was around Rp 2.000.000 to Rp 2.500.000 a year. However, when they were aware the the compensation for rent the house provided, the market rate of rent house increased 2 to 3 times. The victims were then choose a lower price of rent house or took a lesser period of rent, i.e. 1 year rent period.
Various Demands of the Victims Another problem aroused as needs and demands of the victims are various and often changed according to the change of the situation. Some of them did not want to relocate and sell their land for the historical reasons. The other agreed to relocate without selling their land. Some victims wanted to relocate but they decided the relocation area by themselves. We found also some victims willing to relocate all of them in the same location (called as ‘bedol desa’). There are also some victims demanded the amends paid by cash & carry 100%, or 20%-80%, or 50%-50%, etc.
For the time being seems that most of the victims has the same perception to accept the purchase-sell scheme with the terms of payment divided into first 20% as the down payment and the rest 80% to be paid latest 1 month before the end of rent house period. This is in accordance with the Presidential Regulation No.14 year 2007. Nevertheless we can not avoid the fact that there are still some victims has a different perception as shown by the victims came from Perum TAS 1 that expecting the special scheme forced by the problem facing with the bank. There are also some group from Renokenongo village do not want to receive the compensation for 2 years house rent and they want directly relocated to a new location with the payment of the amends by 50% in cash and the rest 50% in form of land.
Current Condition and Future Prediction Although the situation getting better to solve the conflicts, the source of prominent problems still have to finalize. The Legal Process still stuck and the process of administration requirement just started.
The President instruction in June 26th, 2007 in term of several targets to be achieved in the next 10 weeks extremely expected to be realized, still we find a lot of technical operation obstacles can be head off the targets achievement. It will be more endanger and more worry if the stated targets are very ambitious and can not be achieved. It is better to tell openly with more realistic targets by considering the constraints faced in the field.
To tell the real problems and to arrange the realistic targets may be bitter in feeling and not satisfying. However, may be it is better than to put the victims sleep and keep dreaming and when they awake their sickness are getting more serious than before. Futher Reading If you interesting to dig more deeper view please refer books as follow: 1. Akbar, Ali Azhar. 2007. Konspirasi di Balik Lumpur Lapindo (Conspiration Behind Lapindo’s Mudflow). Galangpress: Yogyakarta.
2. Mirdasi, Muhammad. 2007. Bernafas Dalam Lumpur Lapindo (Breath inside Lapindo’s Mudflow). MIPP:Surabaya.
3. Munawir, Wahyudin. 2007. Lapindogate. Progresio:Bandung
4. Zuber, Maksum. 2007. Titanic Made In Lapindo. AHAS:Sidoarjo We will add more books in the list as new one published or catch our eyes. You are welcome to share your recommendation too. Feel free to extend the list, :-) Brief Introduction (awk/udt)
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