Responding to PSN in Fakfak, Filep Wamafma: Investment Policy Should Not Cause Conflict Between Indigenous Peoples

17 January 2023 oleh admin

JAKARTA, dpd.go.id – West Papua Senator Dr. Filep Wamafma responded to the designation of the development project of PT Pupuk Kalimantan Timur (Pupuk Kaltim) in Fakfak Regency, West Papua as a National Strategic Project (PSN) by the Coordinating Ministry for the Economy.

Senator Filep admitted that he was surprised by the designation because the name PT Pupuk Kalimantan Timur had never been mentioned as West Papua PSN in a Presidential Regulation (Perpres) including in its several amendments. However, Kick Off Ceremony of the Project Development was carried out by the Board of Directors together with the Board of Commissioners of Pupuk Kaltim, Tuesday, 10 January 2023.

"As far as I can see, there is no mention of PT. Pupuk Kalimantan Timur as the PSN of the Fertilizer Industrial Area in Fakfak Regency, West Papua in the Presidential Decree, including in its several amendments. We are worried that this will become a serious problem considering the socio-political experience of the people in West Papua in general, who often intersect with the government, especially when it relates to indigenous peoples' land use," said Filep, Monday (16/1/2023).

Filep explained that the provisions regarding National Strategic Projects are regulated in Presidential Regulation Number 3 of 2016 concerning the Acceleration of Implementation of National Strategic Projects. Specifically for West Papua, there is a PSN in the form of the Development of the Port of Sorong, Bintuni Bay, and the Acceleration of Infrastructure for the Sorong Special Economic Zone.

This presidential regulation was amended by Presidential Decree Number 58 of 2017 concerning Amendments to Presidential Regulation Number 3 of 2016 concerning the Acceleration of the Implementation of National Strategic Projects, which in its attachment mentions the Development of the Sarong Seget Port, the Tangguh LNG Train 3 Project, the Bintuni Bay Industrial Area, and the Sorong Special Economic Zone. .

This Presidential Decree was amended again by Presidential Decree Number 56 of 2018 concerning the Second Amendment to Presidential Regulation Number 3 of 2016 concerning the Acceleration of Implementation of National Strategic Projects, which in its attachment mentions the Tangguh Train 3 LNG Project, the Bintuni Bay Industrial Area, and the Sorong Special Economic Zone.

"Furthermore, this Presidential Decree was amended again with Presidential Decree Number 109 of 2020 concerning the Third Amendment to Presidential Regulation Number 3 of 2016 concerning the Acceleration of Implementation of National Strategic Projects, which in its attachment states PSN in West Papua is the Development of the Existing Sorong and Arar Ports, the Development of Siboru Airport Fak Fak, Teluk Bintuni Industrial Area, Tangguh LNG Train 3 Project. There is no mention of PT Pupuk Kalimantan Timur. So I hope the government is truly consistent in implementing investment policies in the land of Papua," he said.

Apart from that, continued Filep, in the Regulation of the Coordinating Minister for the Economy Number 9 of 2022 concerning Amendments to the Regulation of the Coordinating Minister for the Economy Number 7 of 2021 concerning Changes to the List of National Strategic Projects, it is stated that the PSN in West Papua includes the Development of the Port of Sorong, The construction of Siboru Fak Fak Airport, the Bintuni Bay Industrial Area, the Tangguh LNG Train 3 Project, and the Development of Kelapa Dalam and the West Papua Province Industrial Derivatives. In this Ministerial Regulation there is also no mention of PT Pupuk Kalimantan Timur as PSN for the Fertilizer Industrial Area in Fak Fak Regency, West Papua.

"However, in Article 3 paragraph (2) PP Number 42 of 2021 concerning Facilitation of National Strategic Projects, it is stated that the Minister/head of institution/head of region and Business Entity submits a National Strategic Project proposal to the Minister in accordance with statutory provisions. Maybe based on this, the Coordinating Ministry for the Economy will also determine the PSN," said Filep.

In this regard, the Vice Chairman of Committee I DPD RI reminded about the experience of the 7 ethnic communities in Teluk Bintuni Regency regarding BP Tangguh. According to him, the settlement of compensation payments must go through a long procedure, debates, demonstrations, and other matters to obtain rights for indigenous peoples.

"Within that scope, strengthening the position of indigenous peoples in the new Papua Special Autonomy Law must also be considered. Its existence must continue to be recognized, maintained, maintained, and developed. That is why 10 percent of the Oil and Gas Revenue Sharing Fund (DBH) is allocated for the empowerment of indigenous peoples," said Filep.

Furthermore, Filep said, with regard to land use for PSN, Government Regulation Number 42 of 2021 concerning Ease of National Strategic Projects, requires the Minister to coordinate the formulation of policy strategies and approval for handling social impacts submitted by ministers/heads of institutions, governors and regents. /mayor. This means that the government is required to have a policy to deal with social impacts, for example the rejection of indigenous peoples, refusal of compensation, including the environmental impacts caused.

“The question is, has the local government proposed the form or type of social impact to be analyzed by the central government? Traumatic experiences of indigenous peoples in West Papua related to development have often been experienced. Don't let this backfire on the government because the PP emphasizes that the minister facilitates problem solving in business permits and land acquisition for National Strategic Projects," he said.

"In this PP, Ministers, governors and/or regents/mayors must prepare programs and budgets for handling social impacts for directly affected communities, namely people who control state land or land owned by the Central Government, Regional Governments, BUMN, or regionally owned enterprises, communities with land rights, or communities experiencing direct and measurable losses. Thus, social impacts, for example land acquisition for PSN in West Papua, must be resolved in an integrated, effective and efficient manner, without leaving prolonged conflicts," Filep added.

On the same occasion, Senator Filep also highlighted the dissemination which he considered not sufficiently heard regarding the location of the Pupuk Kaltim project. He considered that the steps for hearing opinions, gathering aspirations, involving affected communities were not heard at all. In fact, all of these points are very important for the living space of the community and the continuation of West Papua's Special Autonomy.

Therefore, Filep emphasized a number of important points in determining the Pupuk Kaltim as PSN in Fakfak.

There must be legal certainty regarding the existence of PT Pupuk Kaltim which is designated as PSN in Fakfak West Papua, both at the Perpres level and at the Ministerial Decree level, which is adjusted to the policies in the Papua Special Autonomy Law;
There must be socialization and gathering of community aspirations as a whole regarding the PSN, especially for affected communities, both from the central government and regional governments;
There must be clarity on the management and mitigation of social impacts caused by the existence of the fertilizer industrial area;
There must be involvement of the affected community and the entire Fakfak community regarding the recruitment of workers;
It is not permitted to have a consignment that will have an impact on the financial losses experienced by the affected community, especially when it relates to indigenous peoples.

"If the matters above are not properly regulated, then it should be considered that the Pupuk Kaltim PSN is canceled or postponed first. This cancellation or postponement will provide an opportunity for the regional government to focus on the implementation of Special Autonomy volume 2 so that the affirmation of the dignity of OAP can be achieved, rather than simply bringing in industries that eliminate the involvement of OAP," he concluded. (*)