Land Acquisition by PT. Bumi Sari

Then, in 1970, the land cultivated by Pakel farmers, which was used daily for planting, was acquired by PT. Bumi Sari. On December 13, 1985, PT. Bumi Sari obtained HGU on land covering 1,189.89 hectares, which was divided into two certificates, namely HGU Certificate Number 1 Kluncing covering 1,902,600 square meters and HGU Certificate Number 8 Songgon covering 9,995,500 square meters. However, Walhi stated that in its implementation, PT. Bumi Sari claimed a management permit for the area up to Pakel Village. Clearly, we can see from the HGU Certificate given that Pakel Village is not included in the land use for corporations. It was reaffirmed by BPN Banyuwangi that the land of Pakel Village is not included in the HGU of PT. Bumi Sari.

The Struggle of the Pakel Community

In the midst of the conflict that occurred in Pakel Village, Banyuwangi, the Pakel community continues to fight for and reclaim their land rights. The state must open its eyes wide. Independence is not just symbolic, but there is the welfare of the people in it. Stated in the fifth principle of the narrative "social justice for all Indonesian people" makes the state have to provide fundamental implementation. The granting of HGU by the government held by PT. Bumi Sari must look at the history of the land. Clearly, the granting of HGU can only be done on land with the status of state land.

Meanwhile, some of the land given to the company is land that is still actively controlled and cultivated by residents and there has been no process of providing compensation or relocation policies for affected residents. The categorization of land that can be used as HGU objects includes state land and management rights land regulated in Article 21 of PP No. 18/2021. Meanwhile, the land of Pakel Village cannot be categorized as state land because the people of Pakel Village have cultivated the land long before independence and there is evidence in the form of the Akta Van Verwizing in 1929 from the official in power at that time.

Moreover, residents have controlled the land long before the HGU certificate was issued. Based on these rights, the community has also proposed a transformation of rights to improve the legal status of the instrument of rights, which was then issued by the authorized official but has never been followed up by the current government.