APA AKHIR CERITANYA?????? MENANG??? KALAH??? Siapa yang tau??
About the dispute
The land or emerging land or Public Land issue is under dispute between the community of Nusa Ceningan who claim that the land is public state owned land and I Wayan Naka and associates from Dusun Lembongan Kangin (an island adjacent to Ceningan island), who has claimed private ownership for the land, stating that the land is his private inheritance.
Proof that this land cannot possibly have been inherited includes:
Physical proof that the land has recently emerged from the sea
- The plants that grow above the coastal vegetation such as mangroves, grass-gereng gereng, grass-rolled coils and other types of plants suitable to grow in coastal areas.
- When high tide, part of the land in those locations will be submerged by seawater or location will be inundated, if the water receded and the land surface will be visible again.
- Plants that grow in these locations is a coastal plant species or as mangrove swamps, grass-rolled coils, plain bintak, katang – katang, etc.
- According to the elders / leaders - community leaders that the existence of such land is land that came from a shift from sea water currents that cause changes in the surface boundary of the beach.
- Before the year 1990, on the south side of public land adjacent to land owned by I Wayan Naka rights, no sewer or water flow in and out of the northeast direction (the position of the bridge now) flowed toward the west, to the mangrove area that thrives on the west (now at about Community Health Center of Ceningan) and the flow was closed since the construction of new bridges.
- There was a very clear boundary between the Land of I Wayan Naka property and public land form a height difference and the presence of barrier plants as land boundaries.
- On the public land, never out of Right to Use a certificate on behalf of I Wayan Antara and friends, in 4 (four) applicants.
- In the area or region, since the existence of elementary schools in Ceningan in 1970 (SD 2 Lembongan), have been exploited or used as a school sports field.
Historical chronology of the land's use
Following is a chronology of land use / land uses in the area of public land or land arising from the disputed community
Before the 1980s, the livelihoods of the population is the majority of Nusa Ceningan as farmers and fishermen, then the resulting land use on the ground were used to tether the boats of fisher folk at that time or rather as a place to park boat when not fishing.
Because as a boat park at that location then also the Fishermans built huts or shanty-shaped long house together to store boat equipment and fishing equipment such as: yarn, screen (pawns), rowing and other equipment including for a gathering place and sleep before going to sea. At the time the fishermen had come from fishing so at this location was also carried out transactions (sales - purchases) that catches at this location has also become a place like the market.
At this location is also used as a place to conduct the ceremony “Nanggluk Merana” performed miserably every month 6th of Balinese calendar (around December) by Ceningan community.
At around this location by the children - primary school children in Ceningan used as a sports field.
Broadly speaking lands in the land use functions arise is not significantly different from the year - the previous year, considering the livelihoods of the population still relies on agriculture and fishing sectors.
Then since the year 1984 with the introduction of the system of seaweed cultivation to the public, it is automatically changed also the livelihoods of the communities in which Ceningan become seaweed farmers.
Because almost all sectors of society working in the cultivation of seaweed so that everyday there are more people in the sea and surrounding coastal communities will eventually require a strategic location and close to where they work.
So in years is in the location of the land arising hut or huts were built - a small hut by the seaweed farmers in surrounding areas (12 persons) that functioned as a place to work, where drying and storage of dried seaweed and place transactions buy - sell seaweed after dry.
In addition to land uses such as where the activity of seaweed farmers are also used as a location for boat loading and unloading of goods that come and go to Nusa Penida or to Kusamba.
And in this land is also an entrance / street children - elementary school children to the sports field, especially during the rainy season.
Along with the increasing rate of population every year the use of the land as a commercial activity of the broader community life as well. Almost every day activities associated with the cultivation of seaweed by the beneficiaries who have been inhabiting the location of land or public land since 1984, because of the community to engage in a public location (Public Land) then by the government of the Lembongan Village with Village regulations Lembongan, one point that the people who inhabit or utilize the Public Land or the village land levies charged, therefore seaweed farmers who occupy the land are also obligated to pay retribution.
In early 1992 resulting in the location of land or state land use rights petition was filed with the 4 (four) members, namely:
· I Wayan Antara
· I Made Seger
· I Made Suwatawan
· I Wayan Wibayu
On February 29, 1992 in site of public land by the National Land Agency chief Klungkung district has been issued a certificate of Right to Use the name of I Wayan Antara (No. 3 with an area of 300 m²) and by I Wayan Antara land use are used to house lived up to now are still being found ex-building - like the foundation of the house, shrine, wells and storage.
Between communities that have inhabited the site since 1984 with I Wayan Antara and other applicants did not occur a problem because of the utilization and the current land use in accordance with their interests - each party.
In the year 1994 with the construction of the bridge which connects Nusa Lembongan with Nusa Ceningan with activities in these locations due to increased transport flows from and to Lembongan including Jungutbatu more smoothly,hence the use of public Field (field Penumangan) situated on the west land disputes that had once been only used by elementary school children in Ceningan now been used by youth, elementary and secondary school children in Lembongan.
Traditional Fisherman's life at this location is not there anymore, all they has turned into seaweed, activity at this location is also increasingly crowded start of the activity of seaweed farmers, stevedoring, where sports, traditional ceremonies, including a system of traditional market exchanges between the traders and the community from Nusa Penida and Nusa Ceningan happen in this location.
Along with the changing times and increasing the public revenues in the year 2000 by I Wayan Antara, in this location (exactly in the west of the bridge or the eastern end of this public land) was built Café’s / nightclubs so the life of this location become crowded especially in the night. Because it is considered to be a place that is not good, then repeatedly questioned by society Ceningan because disturbing the public.
In the year 2000 was also by people who cooperate with the foundation of Wisnu, Manikaya Kauci, UNUD State Polytechnic, JKPP, LBH, etc. Participatory mapping in Ceningan and this location in the map is Public Land.
And at the end of the year 2004 I Wayan Antara and his family finally left Nusa Ceningan and chose to return home to Singaraja (the origin of I Wayan Antara) and his permanent buildings were sold to residents who have lived in that location since 1984 (there are 4 (four) people who buy them) and used as seaweed hut.
While the former Cafe existing buildings at the east end of the public land was sold to his in-laws: Mr. Renan, in 2005 Mr Renan was sold the former building cafe again to I Wayan Naka. Since then I Wayan Naka began to do the activity at that location.
From this moment it seems I Wayan Naka slowly and secretly began to master some of the land arising or Public Land.
In the year 2006, exactly on 14 February 2006 the National Land Agency of Klungkung Regency issued a certificate property in the name of I Wayan Naka, et al with certificate number: M.917 with a land area of 23.70 acres located on Public land or land arising which has been previously been issued certificates and are right to wear the same exact location.
With certificated the Public land as the property of I Wayan Naka then he began to perform activities of plantation (planting cassava, peanuts, bananas, coconuts) in the location and the planted is the location of the land immediately adjacent to his property with the Public Land (exactly in the south huts of seaweed farmers).
In 2006, I Wayan Naka began making guardrail especially in the western land adjacent to the public square planted with trees such as gliricidia, santen, and cemcem, etc. So that access to the location adjacent to the bridge (including the entire huts seaweed farmers, Public Land) become closed, impacted disturbed in stevedoring activities but at that time if the community or a car wanted to pass the hedge is revoked to open access roads, until at that time people did not know if the land has been certificated as Property Rights by I Wayan Naka.
Then on June 3, 2008, I Wayan Naka began hauling stones to make a fence in a permanent location, then by the people of this problem reported to the Head of Countryside and finally the installation of stone at the site shall be dismissed by the village.
Of the several activities undertaken by I Wayan Naka initiate the people of Nusa Ceningan started to take steps by step process through the completion of government officers Lembongan Village.
The community's struggle and efforts to date
Local attempts to seek resolution
1. Personal and oral society never submit to the mayor about these issues arise, including fencing of land made by I Wayan Naka, but by the head of village community was asked to report by mail.
2. At the meeting the village chief responsibility in 2007 BPD has asked the mayor about the issue and the Public Land since 2006 has asked the village chief to inquire into the BPN Kabupaten Klungkung about it. (Summary of meeting BPD, Number: 09/BPD LMB/V/08).
3. On March 24, 2008, the owners of the public land which amounts to 12 (twelve) persons have been sent a letter to the head of Lembongan village to resolve the problem by deliberation.
4. On April 1, 2008 letter was answered by the head of Lembongan village with letter: 13/Kesra/IV/2008. Subject: Problem solving and in essence that the head of the Lembongan village do not understand the mayor's letter sent by the community (letter attached).
5. On 12 April 2008, second letters to be made regarding: please help solve the problem (II) signed by I Nyoman Embon, et al on behalf of the community, this letter was delivered because the answer to the first request is not clear and no sign from the Village Head to solve these problems by deliberation.
1. On June 7, 2008 letter addressed to the Head of the Third BPD Lembongan Village and the core so that the Village government as soon as possible to take step by step associated with the public about the public land, this letter was signed by Head of Dusun Ceningan Kawan and Kangin, Banjar Kelihan in Ceningan, including community leader who comes from Ceningan BPD.
2. As of the date, June 9, 2008 Chief of Dusun Ceningan Kawan and Kangin, Kelihan banjar in Ceningan and community leaders came to the mayor's office and asked the village head for: (i) As soon as possible community representatives met with I Wayan Naka, et al. (ii) There should be no activities closing access to State land may not have transportation to the location and enclosure of stone permanently.
1. As of the date, June 15, 2008 conducted a rally in Banjar Ambentiying and attended by people from the two Dusun of Nusa Ceningan, decided at the meeting: (i) Continue to fight for that public land which has been certificated by I Wayan Naka, et al to get back into the original (Public Land), (ii) Make all efforts necessary to return the land as public land, the core goal is not achieved when the travel path of peace so that people know the legal point edge the real issues, about losing and winning are not very important, important people know who the mastermind behind this all, (iii) If required by the community is ready dues in order to demand settlement of this matter, (iv) Communities have agreed to work to make a new road to open access roads to the field, (v) Communities provide a full mandate to the Head of Dusun, Kelihan Banjar and other leaders who are ready to fight and are advised to form a team in conducting this struggle.
1. In June 2008, has also finally made the meeting of the parties involved in the mayor's office of Lembongan village that unite I Wayan Naka, et al with The people represented by the Head of Dusun Ceningan Kawan and Kangin, Kelihan Banjar, Member of Ceningan BPD in the meeting did not achieve agreed in the settlement said that public land issues.
2. On July 19, 2008 and Head of Dusun Ceningan Kawan and Kangin, also Kelihan Banjar send a letter to the BPN Klungkung, the Regent of Klungkung is the core of society Parliament objected to go on - the dissolution of the settlement of public land problems in Ceningan and on the date, July 22, 2008 letter is returned by the BPN (Badan Pertanahan Nasional) explained essentially chronological petition I Wayan Naka on the land up out of certificates (annex response letter BPN).
1. Vice Chairman of the Parliament and its Kabag. Hukum Klungkung, Governmental down to the field review the location of the disputed land but no one from BPN down and essentially legislative Klungkung is ready to assist the community to resolve the land issue especially after the parliament to see immediate physical condition directly (footage available).
2. In November 2008 the society Ceningan I Wayan Suwali Klungkung district police called on the reports I Wayan Naka about the annexation of land by I Wayan Suwali. (Where previously I Wayan Suwali improve seaweed huts of the old because his hut been damaged then he makes a new hut in old location).
3. Dated December 2, 2008 I Wayan Naka, and Vices of Ceningan community representatives held a meeting at the mayor's office Lembongan facilitated by the Head of National Land Disputes and their staffs, head of Nusa Penida district, Head of Village Lembongan, Nusa Lembongan Kapolpos aim to discuss the settlement of land issues but to no avail or agreement. Then the team and its parties finally come down to the location of land in Public Land Ceningan to see first hand the location and direct dialogue with the community and the entire Ceningan community when it comes with a traditional outfit. The results of the dialogue is the BPN will soon do the re-measurement of Public Land in dispute including land rights owned by I Wayan Naka land immediately adjacent to the public land.
4. Dated December 4, 2008 carried out by a re-measurement of the BPN Klungkung and measuring the time it was a lot of people who were present witnessed measurements including I Wayan Naka, but the measurement results were not explained.
5. January 28, 2009 Date and the Kelihan Kadus Ceningan personally came to the village chief aim that this problem can be resolved amicably and the mayor hopes to facilitate the meeting and requested a meeting conducted in Klungkung, and on February 3, 2009 Kadus Ceningan Kawan called the Village Head, I Wayan Naka ready to meet people but its place in her home.
1. February 5, 2009 meeting to discuss the request I Wayan Naka, finally decided Ceningan society will take the public land disputes through legal channels the risk of any society is ready. At that time also established a small team is coordinating the settlement of land problems of this country including funding sources and donors. For the community agreed dues per-family Rp. 100.000,-
2. Because of the efforts undertaken at the village level does not work then the problem is eventually pursued through legal channels.
Actually there are many more efforts - community efforts undertaken to resolve these land through a peaceful process, but this can not be achieved.
This exposure was obtained from the narrative Village elders, community leaders, former officials and former officials in the village, as well as information from the community to volunteer and evidences of notes, letters, photos, videos/films, maps, and physical evidence in the field.
Copied in Ceningan,
Date, June 15, 2009
Team Chairman
I Made Sukadana
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