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Newsletter Voicing for Life1
Nyawiji Nandur Kanggo
Lestarine Kendeng
Al Ayubi & Ary Nugroho
Self-led influencing:
Shifting the Empowerment
Narrative
Andri Prasetiyo & Al Ayubi
Liputan Media
Moeldoko and JMPPK
Discuss Kendeng Mountain
Study
Omnibus Law and Its Im-
plication on Spatial Plan-
ning and The Prevention
of Corruption in Natural
Resource Sector
Al Ayubi & Wicitra
Self-led influencing:
Shifting the Empowerment Narrative
Sedulur Kendeng Social
Audit Training: Increasing
Community Participation
in Development Oversight
Al Ayubi & Andri Prasetiyo
Newsletter
Voicing for Life
Series April 2020
Page 2
Page 8
Page 14
Page 4
Page 10
2Newsletter Voicing for Life
Nyawiji Nandur
Kanggo Lestarine Kendeng
A piece of the Javanese Pangkur song sung by
residents who are members of the Kendeng Moun-
tains Caring Community Network (JMPPK) during
the activity “Nyawiji Nandur Kanggo Lestarine
Kendeng” throughout January-February 2020.
This activity, also known as “Planting Wednes-
day”, takes the form of joint tree planting which
is routinely held every Wednesday morning in the
Kendeng Utara Mountains area. At that time, all
residents will gather at one point and then depart
together in tandem, travel and climb the mountain
to the location to be planted. Every month, the
Wednesday Planting activity is carried out by in-
viting outsiders, which aims to expand awareness
and build bonds of solidarity together.
Planting trees is the key to maintaining the balance
of the ecosystem. By planting, water and springs
can be saved and their habitat for biodiversity is
preserved. “By planting together, humans have
saved their own lives.” This was stated by a res-
Pangkur
Nanduri panggonan bera // Dina iki barengan
ditindhaki // Wujud tindakan lan laku // Kanggo
ngomahi toya // Dimen sumber lestari nyukupi
butuh // Kang mangkono anak putu // Tetep bisa
den warisi //
(Let's plant the vacant land, today we do it toget-
her. As a form of action and carry out. So that the
spring has a house, to make ends meet. Thus, we
hope our children and grandchildren. So that you
can feel the legacy of the preservation of the sp-
ring)
By: Al Ayubi & Ary Nugroho
Newsletter Voicing for Life3
ident of Kendeng while carrying out the Wednes-
day Planting Action activity, on Wednesday (26/2),
in Sukolilo District, Pati, Central Java.
This Wednesday Planting originated from the in-
sistence of residents of the mountains of North
Kendeng for the Pati District Government (Pemk-
ab) to care about the importance of revitalizing the
ecological function of the North Kendeng area. In
a number of local media, the Pati Regency Gov-
ernment has scheduled the planting of 3 (three)
million trees. However, it is not clear when and
where the 3 (three) million trees will be planted. A
number of women from North Kendeng then tried
to ask the Regent of Pati on January 8, 2020. Un-
fortunately, they did not get a definite answer. In
fact, the efforts of residents to ask the Regent are
a form of desire to be actively involved in efforts
to preserve the environment in the North Kend-
eng area. Finally, the residents took the initiative
to plant trees without waiting for news from the
Pati regency.
On the last Wednesday of February (26/02/2020),
Wednesday Planting or “Nyawiji Nandur Kanggo
Lestarine Kendeng” was closed with a series of
tree planting events with musician Melanie Soe-
bono followed by a gamelan collaboration perfor-
mance “Wiji Kendeng feat Melanie Soebono” and
a discussion about Revised Regional Regulation
(Perda) on Spatial Planning (RTRW) in Omah Kend-
eng, Sukolilo, Pati, Central Java. The discussion
presented the resource person, Dr. Mila Karmila,
Academics from Unnisulla Semarang and Gun-
retno, Coordinator of JMPPK, and moderated by
Aryanto Nugroho, Advocacy Manager of Publish
What You Pay (PWYP) Indonesia.
Gunretno, conveyed the latest developments in
the implementation of recommendations from
the Strategic Environmental Assessment (KLHS)
Kendeng Mountains which have not been fully im-
plemented by the Regional Government. “In fact,
KLHS is a mandate that was initiated directly by
the President, as the Head of State. Then it should
be done. “Gunretno explained.
On this occasion, Gunretno also explained that the
Revision of the Pati Regency RTRW Regional Reg-
ulation, which is currently underway, needs to be
guarded together. “KLHS Kendeng Mountains has
mandated that the revision of the RTRW for Pati
Regency must carry out a number of recommen-
dations, including the Sulilo KBAK must be main-
tained; Mining Business Permits (IUP) in KBAK may
not be extended; Kayen, Sukolilo and Tambakromo
sub-districts are not allowed for mining and other
areas.”
While Dr. Mila Karmila said, in every formulation
of the RTRW Perda, the Regional Government
must compile a RTRW KLHS. However, the KLHS
RTRW for Pati Regency should be in line with the
KLHS for the Kendeng Mountains that had been
prepared previously. Even though the contents of
KLHS are in the form of recommendations, this is
an objective and comprehensive study, so it needs
to be a major consideration for local governments
in implementing future policies.
4Newsletter Voicing for Life
Omnibus Law and Its Implication on Spatial
Planning and The Prevention of Corruption
in Natural Resource Sector
On February 12th 2020, the government officially
submitted The Job Creation/Cipta Kerja draft bill
to the House of Representatives, one of the Om-
nibus Law bills which later caused controversy,
because the process was considered closed and
too ambitious. Along with the raised of this issue,
PWYP Indonesia held the PWYP Knowledge Forum
(PKF) on Monday (17/2), titled “Implications of the
Omnibus Law for Spatial Planning and Prevention
of Corruption in the Natural Resource Sector/SDA”.
Present as speakers were Prof. Hariadi Kartodi-
hardjo (HK), Professor of Forestry Policy, Bogor
Agricultural University (IPB), and Muhammad Isro,
as representative of The National Corruption Pre-
vention Strategy (Stranas PK).
Through his presentation, Prof. Hariadi considered
the Omnibus Law to be an extraordinary form of
change, so the public must aware of it. Unfortu-
nately, the public attention is growing slowly. This
happened because of unclear information both on
the draft bill and academic manuscript.
Furthermore, Prof. HK stated that Omnibus Law
had serious implications for spatial planning. This
can be seen from several dimensions, including
corruption, which according to various studies
are considered to be the main reason for the in-
vestment problem in Indonesia, and not because
of procedural problems as government assumed.
“Corruption practices in this field cover various
types namely political corruption, law enforcement
By: Al Ayubi & Wicitra
Newsletter Voicing for Life5
corruption, licensing corruption, goods & services
procurement corruption, and corruption on public
service.” These findings are consistent with the
data from KPK which shows that Bribery Cases are
the highest in the vulnerable period of 2004-2017
with 340 cases or 55%.
Through the results of his study, Prof. HK also ex-
plained the existence of political structural prob-
lems from the conflict of interest in the regional
election in term of funding between the donors
and candidates, corruption in the path of Timber
Forest Product Utilization (IUPHHK), data manipu-
lation, extortion, until the transaction of particular
documents such as Environmental Impact Analy-
sis (Amdal) and other related documents. “There
are many counterfeit maps in Riau and West Papua
that leads to extortion, offers to increase the area
of permits, and the cost of ratifying documents.”
He said.
The draft bill of the Omnibus Law on the job crea-
tion bill, Hariadi concluded, was not based on real
problems in the field, and the government tends
to ignore the environmental risk for investment in-
stead of seeing natural resources as a living space.
”Due to interest, this pseudo-legal activity has in-
fluenced the decision-making process. In fact, the
situation of ‘bad governance’ requires a compre-
hensive solution, not only law” he concluded.
Omnibuslaw vs Living environment
The government has submitted the omnibus law on the Cipta Kerja Bill to the Parliament. For the sake of
investment, environmental protection is at stake.
Environmental protection is not affirmed as part
of an industrial decision
There is no EIA Assessment Commission
Environmental permits for companies are abol-
ished, replaced by government approval
There is no confirmation of environmental feasi-
bility information in investments easily accessi-
ble to the public
Environmental impact assessments are monop-
olized by the government and are no longer an
independent third party
Types of administrative sanctions are abolished
Nine business criteria with significant impact are
removed
Supervision and administrative sanctions for in-
dustry on carrying out environmental protection
completely taken by the central government
Activists observers/environmental experts are
no longer involved in drafting Environmental Im-
pact Analysis (EIA)
Claim on environmental damage is closed
Source: Prof. Hariadi’s presentation, 17 February 2020, at PWYP Indonesia, Jakarta
6Newsletter Voicing for Life
On the other hand, Muhammad Isro as a member
of the Stranas PK Team said that based on Pres-
idential Regulation 54/2019 and the Joint Decree,
one of the focuses and actions of Stranas PK in
2019-2020 is related to licensing and trade that
is to improve data governance and compliance in
the extractive sector, forestry, and plantation. One
of the tools that are used is through the One Map
policy.
“The pilot project for implementing the One Map
Policy was carried out in Central Kalimantan, West
Sulawesi, East Kalimantan, Riau and Papua, in col-
laboration with cross ministries, Geospatial Agen-
cy, and the local provincial government” Isro said.
The one map policy stage starts with data shar-
ing, synchronization, integration and compilation.
These data include Decree (SK), map attachments,
and, digital maps. “After the compilation process
is complete and integrated with the base map,
synchronization will be carried out so that the IGT
PITTI (Indicative Overlapping Map of Thematic
Geospatial Information) is released.” However, the
main obstacle found is the lack of data regional
decree, map attachments and its shapfiles.
Regarding the Omnibus Law, the Spatial Detail
Plan (RDTR) is said to be key in encouraging li-
censing. This is automatically included in the fo-
cus of the Stranas PK work because RDTR is in the
One Map policy. “RDTR is one of the instruments to
cut the implementation problem, which is related
to Online Single Submission, One Map Policy, and
Forest Area Determination. The acceleration of the
preparation for this RDTR, said Isro, will be moni-
tored through http://jaga.id/monitoring
“RDTR needs based on data from the Direc-
tor-General of Spatial Planning almost amounted
to 2000 RDTR. While the current position is only
around 50. Hence, in our opinion, if the CK Bill will
be enacted and linked to OSS, I think that is not
ready yet.”
Source: Presentation of Muhammad Isro, February, 17
2020 at PWYP Jakarta, Indonesia
Newsletter Voicing for Life7
Both speakers agreed that the involvement of the
community in the process of drafting the Omnibus
Law on the Cipta Kerja Bill is a must. Prof. Hariadi
conveyed that civil society can conduct Corrup-
tion Impact Assessment (CIA), which is checking
whether article/subsection in the CK Bill provides
space for corruption. This CIA can be used as data
to think about the negative impacts if CK Bill is im-
plemented. Recommendations in the form of risk
advocacy are also necessary to convey the gov-
ernment if there is horrible potency when this bill is
applied such as the vulnerability of social conflict
to an area. Prof Hariadi was considering the di-
verse social conditions in each region of Indonesia
by giving the example the CK Bill might be suitable
if applied on Java, but not suitable for Papua.
For the information, the government is on its way
to compile 4 (four) Draft Laws (RUU) of the Omni-
bus Law, namely the Bill on the State Capital (IKN),
the Bill on Pharmaceuticals, the Bill on Job Crea-
tion, and the Bill on Taxation Provisions and Facil-
ities for Strengthening Economy. At present, the
Omnibus Law bill package has been included as
part of the 50 bills which becam in the 2020 Na-
tional Legislation Program (Prolegnas).
8Newsletter Voicing for Life
Self-led influencing:
Shifting the Empowerment Narrative
September 16-19, 2019 – Voice, a grant facility for
diversity and inclusion, held the “Knowledge Ex-
change: Influencing Unbound; Rightsholders Tak-
ing the Lead” in Masaka, Uganda. This learning
event gathered community leaders from the ten
Voice member countries in Africa and Asia, Indo-
nesia included, to take a deep dive in answering
questions around self-led influencing.
Voice Indonesia was represented by Publish What
You Pay (PWYP) and its project partner, the Sedu-
lur Kendeng community. Andri Prasetiyo (PWYP
Project Manager) and Gun Retno (Sedulur Sikep
indigenous leader) proudly took part and shared
their experiences in advocating for the communi-
ty’s access to productive resources while uphold-
ing environmental sustainability.
Specifically, under the Voice project, PWYP to-
gether with the community aims to facilitate the
development and implementation of policies sup-
portive of the conservation of the North Kendeng
Mountains through culturally-rooted advocacy
and sustainable development principles. Indige-
By: Andri Prasetiyo & Al Ayubi
Newsletter Voicing for Life9
nous women are also empowered to claim their
political space and fully participate in the advo-
cacy. It highlights the importance of a communi-
ty-driven change agenda which provided for rich
sharing during the learning exchange.
“What is the strength of being self-led? Who drives
the influencing agenda? How do you work with
others while still maintaining ownership?”
These were some of the questions that stirred
their discussions. One of the major reflections is
that being self-led realizes changes faster as it
provides for authenticity which also contributes to
faster mobilization.
However, there remains a range of challenges
from a personal to a community or organizational
level, such as cultural barriers, limited access to
information, conditions for sustainability, and sys-
temic marginalization. Between advantages and
blockages, what plays a significant role are lead-
ers and community members—the rightsholders
themselves— who are able to identify problems
and opportunities and are empowered to openly
talk about those.
According to Gun Retno, the experience has been
valuable as it strengthened his belief in the im-
portance of a rightsholders-led advocacy. He
committs to continue this empowerment process
within their movement and to apply what he has
learned to the Kendeng movement.
Along this influencing process, he emphasized
that it is as important to develop intergenerational
transfer to ensure that the movement not just con-
tinues but more importantly, strengthens. The ex-
change with other groups and organizations about
their struggles in their respective movements
served as an inspiration for him as he flew more
than 5,000 miles back to his hometown.
PWYP is a proud partner of the Sedulur Sikep
community. The learning exchange further moti-
vated the organization to continue nurturing this
transformational partnership, pushing forward the
advocacy with greater drive and a more united
voice. **
10Newsletter Voicing for Life
Community participation is needed to ensure the
implementation of appropriate and equitable de-
velopment policies. This is stated in PP No.45 of
2017 concerning Community Participation in the
Implementation of Regional Government.
In practice, the role of the community in this mat-
ter is still not optimal. The main cause is less un-
derstanding on the scope and aspects of supervi-
sion that can be done. Therefore, capacity building
is needed so that the public can better understand
their rights as citizens and they can carry out their
supervisory functions effectively and optimally,
and also able to measure the accountability and
integrity of the implementation of development
programs.
According to these conditions, PWYP Indone-
sia together with LBH Semarang and the Kend-
eng Mountains Concerned Community Network
(JMPPK) held a community gathering and social
audit training entitled Legal & Training Dialogue:
Community Participation in the Implementation
and Supervision of Development on Saturday
(26/10/2019) last week.
Sedulur Kendeng Social Audit Training:
Increasing Community Participation in
Development Oversight
By: Al Ayubi & Andri Prasetiyo
Newsletter Voicing for Life11
About a hundreds of people crowded the multi-
purpose room in Langgar Yu Patmi, in the Village
of Larangan, Tambakromo District, Pati, Central
Java. Gun Retno, as the coordinator of JMPPK, ex-
plained that this event was held to commemorate
the 1000 days of Yu Patmi’s death. Yu Patmi is a
Kartini Kendeng from Pati who passed away after
a series of actions held in front of the Merdeka
Palace in order to voicing the sustainability of the
Kendeng Mountains.
Entitled “Nyewu Yu Patmi Nukulke Patriot Bumi”
(Thousand Days Yu Patmi Regrowing the Patriot
of Earth) Gun Retno hopes that Yu Patmi’s soul can
inspire other people to become new patriots which
able to continue the struggle in preserving the en-
vironment.
State Law and Citizens’ Rights
The social audit training began with a discussion
session moderated by Andri Prasetiyo (Research-
er of Publish What You Pay Indonesia). This dis-
cussion presented a number of speakers such as
Nimeradi Gulo, who is also a legal assistant for
the Kendeng citizens, Rizki Agung Firmansyah
and Mujadid Salim from the Anti-Corruption Study
Center and the Law Faculty Law Program (CACCP
FH) UNAIR, and Tenti Nawari Kurniawati (Director
of the IDEA Association).
In his presentation, Nimeradi Gulo explained that
the Indonesian state was founded by the founders
not as a state of power but a state of law. Thus,
this country must be run by complying with appli-
cable law. Gulo also briefly related to attitudes of
lawlessness. Gulo gave an example by referring to
the Central Java government who was not com-
pliant with the law by ignoring the decision of the
Supreme Court’s verdict in favor of the Kendeng
Farmer suit. In fact, the Governor of Central Java,
Ganjar Pranowo, took a counterproductive action
by giving a new permit for the construction of a
cement factory in the karst mountainous in Rem-
bang, Central Java.
Furthermore, the conception of the law itself ac-
cording to him is required to contains moral and
justice. So, if a “law” is made without moral and
justice value, then that is not a law but power.
Thus the people as the supreme sovereignty hold-
er must monitor and straighten it.
Especially in terms of natural resource manage-
ment. As shared wealth, the governance carried
out by the regional government must be carried
out properly and as fairly as possible. Because he
added, “the end of the state law principle is the
creation of public order and welfare”. Therefore, it
is the duty of citizens to dispel any inappropriate
actions, including what is currently being faced by
people in Kendeng relating to the continued op-
eration of mining activities that are not in accord-
ance with regulations.
On the other hand, Agung from (CACCP FH) UN-
AIR described in detail the threat of the Land Bill
which was later discussed by the government.
One of them is the potential return of the domein
verklaring concept in Indonesia, where all land
which people cannot prove who the land belongs
to, it means that the land belongs to (eigendom)
the state.
12Newsletter Voicing for Life
In addition, a number of other controversial arti-
cles, he added, should also be criticized include
the existence of a Land Bank that allows to the
liberalization in agrarian sector, the emergence
of New Management Rights (HPL), the closure of
HGU information, also the articles that potential-
ly giving an increase of criminalization to the land
defender.
Mapping The Development Issues
In the afternoon, the activity continued to social
audit training. Tenti (IDEA Yogyakarta) as the fa-
cilitator, explained the basic concepts to partici-
pants about the role of citizen supervision and its
procedures through the available institutions. He
wants to encourage each participant to be actively
involved in the implementation of regional govern-
ment to ensure their rights are fulfilled.
Because for Tenti, the most important thing in the
movement is the increasing of capacity in commu-
nity groups as well as strengthening the organi-
zations. The organizing agenda, she added, “must
be done within the stages starting from villages,
districts, to the provincial and national levels.”
Group discussion activities by participants
Within the format of discussion and participatory
learning circles, participants are enthusiastic to
discuss in small groups discussing the concept of
citizens’ rights, basic regulations, and mapping is-
sues in various aspects close to life such as the
environment, education, health, infrastructure,
transparency and law enforcement.
Participants in the group were asked to mapping
the topics in terms of problems, causes, impacts,
and solutions that were thought of. This mapping
is crucial not only as an effort to identify problems
together, but also to encourage every person to
be involved and willing to voice their idea. Because
Newsletter Voicing for Life13
the topics that have been mapped must be pre-
sented in front of the group. This session show
that participants who previously did not speak
much slowly want to express their feel.
In some cases, such as on environmental topics,
community representatives explained that many
mining permits and activities in their areas were
not transparent and not considering the views of
local residents. A number of environmental prob-
lems such as dust, pollution and water crisis are
complained by residents because have an impact
on their health and economic aspects especially in
the agricultural sector. The people also highlight-
ed criminalization case when they trying to pro-
tect the environment. This has become a serious
things in the action to defend their rights.
The Meaning of Social Audit Train-
ing for Kendeng People
After a long series of discussions, the training ac-
tivities continued with evaluation. Gunarto, one of
the participants from Sikep Pati Citizens, claimed
that the activities he had participated in for the
whole day were very useful. He became more
aware of a variety of basic public services that
should be obtained as citizens.
Moreover, an understanding of the public’s right
to supervise public services that were previously
considered taboo by most participants was also
increasingly realized after the training. “Now, as a
citizen, I have better understanding of how to con-
duct surveillance through available channels such
as the Village Consultative Unit (BPD), the Police,
and related institutions at the Regency and Pro-
vincial level,” said Giyem, from Tambakromo Pati.
Statistically, we note that there are an increase
in understanding which can be observed from
the results of the Pre Test and the Post Test that
were given. In that form, residents were asked to
answer a number of questions about the issue of
public service and supervision of the develop-
ment. As a result, the overall score in average rise
up from 55.7 in the Pre Test to 83.3 in the Post Test
session.
As a follow-up, the activity ends with the decision
of the Sedulur Kendeng action plan, especially in
order to respond the Central Java Government’s
policies. It is hoped that what has been learned
during the training period can be implemented in
the JMPPK agenda particularly in monitoring the
implementation of the RTRW and RPJMD in Central
Java.
14Newsletter Voicing for Life
Moeldoko and JMPPK Discuss
Kendeng Mountain Study
Jakarta - The Kendeng Mountains Caring Com-
munity Network (JMPPK) held a meeting with the
Head of the Presidential Staff Office (KSP) Mo-
eldoko. JMPPK requested that the Strategic En-
vironmental Assessment (KLHS) in the Kendeng
Mountains be carried out according to President
Joko Widodo (Jokowi) ‘s instructions.
“We ask that this must be carried out, this is what
instructs Pak Jokowi, this has to go back to Mr.
Jokowi, whether this is followed up, such as creat-
ing presidential interruptions, or regulations. This
is up to Pak Jokowi, but this is Mr. Jokowi’s own
order when it is not being carried out, this is poor
Pak Jokowi, this is an order, “said JMPPK Chairman
Gunretno after meeting Moeldoko at the Presiden-
tial Palace Complex, Jakarta, Tuesday, November
19, 2019.
According to him, until now kendeng is still des-
ignated as a potential mine area. In fact, he said,
KLHS recommended that no new permits be is-
sued.
Media Coverage
Newsletter Voicing for Life15
Gunretno explained that KLHS is an order of Law
Number 32 of 2009 concerning Environmental
Protection and Management. Therefore, KLHS
must be carried out by the central and local gov-
ernments to prevent environmental damage. Gun-
retno also asked the government to follow up on
a number of problems that occurred in Kendeng.
Everything JMPPK has disclosed to Moeldoko.
“I think we feel that this is an omission. So we tell
Pak Moeldoko, how will this be our country if this
destruction continues. This must be firm action,”
he said.
It is known, Jokowi has entrusted a message to
the KSP as the coordinator between the Ministry
of Environment and Forestry (KLHK), Ministry of
BUMN, Ministry of Energy and Mineral Resources
(ESDM) to conduct KLHS in North Kendeng on 2
August 2016.
Gunretno said that until now, KLHS could not be
used as a basis for protecting areas in the Kend-
eng Mountains.
“Talking about the follow-up to KLHS. So KLHS is
Jokowi’s order to answer the long conflict about
Kendeng,” he said.
Until now, the palace represented by Moeldoko
has not given a definite answer to the JMPPK’s
insistence. Moeldoko admitted that he would
first coordinate with the Ministry of Environment
and Forestry, BUMN and ESDM to discuss viola-
tions committed by certain parties in the Kendeng
Mountains.
“He (Moeldoko) will communicate with the Minis-
try of Environment and Forestry and others to fol-
low up on these violations,” said Gunretno.
Source: https://www.tagar.id/moel-
doko-dan-jmppk-bahas-kajian-pegunun-
gan-kendeng
16Newsletter Voicing for Life
PWYP Indonesia is a coalition of civil societies for transparency and accountability of extractive
resource governance in Indonesia. PWYP Indonesia was established in 2007, legalized under Indo-
nesia’s law in 2012 as Yayasan Transparansi Sumberdaya Ekstraktif, and affiliates to the network of
PWYP global campaign. PWYP Indonesia works in transparency and accountability along the chain
of extractive resource, from development phase of contract and mining operation (publish what
you pay and how you extract), production phase and revenue from industries (publish what you
pay), to the spending phase of revenue for sustainable development and social welfare (publish
what you earn and how you spent).
Address
Jl. Tebet Timur Dalam VIII K No. 12, RT 001/009,
Tebet Timur, Tebet, Kota Jakarta Selatan, DKI
Jakarta 12820
Social Media
pwypindonesia — Instagram
pwyp_indonesia — Twitter
Publish What You Pay Indonesia — Facebook
Publish What You Pay Indonesia — Linkedin
Contact
sekretariat@pwypindonesia.org — Email
www.pwypindonesia.org — Website
Publish What You Pay Indonesia
[Yayasan Transparasi Sumberdaya Ekstraktif]

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Newsletter Voicing for Life April 2020 - English Version

  • 1. Newsletter Voicing for Life1 Nyawiji Nandur Kanggo Lestarine Kendeng Al Ayubi & Ary Nugroho Self-led influencing: Shifting the Empowerment Narrative Andri Prasetiyo & Al Ayubi Liputan Media Moeldoko and JMPPK Discuss Kendeng Mountain Study Omnibus Law and Its Im- plication on Spatial Plan- ning and The Prevention of Corruption in Natural Resource Sector Al Ayubi & Wicitra Self-led influencing: Shifting the Empowerment Narrative Sedulur Kendeng Social Audit Training: Increasing Community Participation in Development Oversight Al Ayubi & Andri Prasetiyo Newsletter Voicing for Life Series April 2020 Page 2 Page 8 Page 14 Page 4 Page 10
  • 2. 2Newsletter Voicing for Life Nyawiji Nandur Kanggo Lestarine Kendeng A piece of the Javanese Pangkur song sung by residents who are members of the Kendeng Moun- tains Caring Community Network (JMPPK) during the activity “Nyawiji Nandur Kanggo Lestarine Kendeng” throughout January-February 2020. This activity, also known as “Planting Wednes- day”, takes the form of joint tree planting which is routinely held every Wednesday morning in the Kendeng Utara Mountains area. At that time, all residents will gather at one point and then depart together in tandem, travel and climb the mountain to the location to be planted. Every month, the Wednesday Planting activity is carried out by in- viting outsiders, which aims to expand awareness and build bonds of solidarity together. Planting trees is the key to maintaining the balance of the ecosystem. By planting, water and springs can be saved and their habitat for biodiversity is preserved. “By planting together, humans have saved their own lives.” This was stated by a res- Pangkur Nanduri panggonan bera // Dina iki barengan ditindhaki // Wujud tindakan lan laku // Kanggo ngomahi toya // Dimen sumber lestari nyukupi butuh // Kang mangkono anak putu // Tetep bisa den warisi // (Let's plant the vacant land, today we do it toget- her. As a form of action and carry out. So that the spring has a house, to make ends meet. Thus, we hope our children and grandchildren. So that you can feel the legacy of the preservation of the sp- ring) By: Al Ayubi & Ary Nugroho
  • 3. Newsletter Voicing for Life3 ident of Kendeng while carrying out the Wednes- day Planting Action activity, on Wednesday (26/2), in Sukolilo District, Pati, Central Java. This Wednesday Planting originated from the in- sistence of residents of the mountains of North Kendeng for the Pati District Government (Pemk- ab) to care about the importance of revitalizing the ecological function of the North Kendeng area. In a number of local media, the Pati Regency Gov- ernment has scheduled the planting of 3 (three) million trees. However, it is not clear when and where the 3 (three) million trees will be planted. A number of women from North Kendeng then tried to ask the Regent of Pati on January 8, 2020. Un- fortunately, they did not get a definite answer. In fact, the efforts of residents to ask the Regent are a form of desire to be actively involved in efforts to preserve the environment in the North Kend- eng area. Finally, the residents took the initiative to plant trees without waiting for news from the Pati regency. On the last Wednesday of February (26/02/2020), Wednesday Planting or “Nyawiji Nandur Kanggo Lestarine Kendeng” was closed with a series of tree planting events with musician Melanie Soe- bono followed by a gamelan collaboration perfor- mance “Wiji Kendeng feat Melanie Soebono” and a discussion about Revised Regional Regulation (Perda) on Spatial Planning (RTRW) in Omah Kend- eng, Sukolilo, Pati, Central Java. The discussion presented the resource person, Dr. Mila Karmila, Academics from Unnisulla Semarang and Gun- retno, Coordinator of JMPPK, and moderated by Aryanto Nugroho, Advocacy Manager of Publish What You Pay (PWYP) Indonesia. Gunretno, conveyed the latest developments in the implementation of recommendations from the Strategic Environmental Assessment (KLHS) Kendeng Mountains which have not been fully im- plemented by the Regional Government. “In fact, KLHS is a mandate that was initiated directly by the President, as the Head of State. Then it should be done. “Gunretno explained. On this occasion, Gunretno also explained that the Revision of the Pati Regency RTRW Regional Reg- ulation, which is currently underway, needs to be guarded together. “KLHS Kendeng Mountains has mandated that the revision of the RTRW for Pati Regency must carry out a number of recommen- dations, including the Sulilo KBAK must be main- tained; Mining Business Permits (IUP) in KBAK may not be extended; Kayen, Sukolilo and Tambakromo sub-districts are not allowed for mining and other areas.” While Dr. Mila Karmila said, in every formulation of the RTRW Perda, the Regional Government must compile a RTRW KLHS. However, the KLHS RTRW for Pati Regency should be in line with the KLHS for the Kendeng Mountains that had been prepared previously. Even though the contents of KLHS are in the form of recommendations, this is an objective and comprehensive study, so it needs to be a major consideration for local governments in implementing future policies.
  • 4. 4Newsletter Voicing for Life Omnibus Law and Its Implication on Spatial Planning and The Prevention of Corruption in Natural Resource Sector On February 12th 2020, the government officially submitted The Job Creation/Cipta Kerja draft bill to the House of Representatives, one of the Om- nibus Law bills which later caused controversy, because the process was considered closed and too ambitious. Along with the raised of this issue, PWYP Indonesia held the PWYP Knowledge Forum (PKF) on Monday (17/2), titled “Implications of the Omnibus Law for Spatial Planning and Prevention of Corruption in the Natural Resource Sector/SDA”. Present as speakers were Prof. Hariadi Kartodi- hardjo (HK), Professor of Forestry Policy, Bogor Agricultural University (IPB), and Muhammad Isro, as representative of The National Corruption Pre- vention Strategy (Stranas PK). Through his presentation, Prof. Hariadi considered the Omnibus Law to be an extraordinary form of change, so the public must aware of it. Unfortu- nately, the public attention is growing slowly. This happened because of unclear information both on the draft bill and academic manuscript. Furthermore, Prof. HK stated that Omnibus Law had serious implications for spatial planning. This can be seen from several dimensions, including corruption, which according to various studies are considered to be the main reason for the in- vestment problem in Indonesia, and not because of procedural problems as government assumed. “Corruption practices in this field cover various types namely political corruption, law enforcement By: Al Ayubi & Wicitra
  • 5. Newsletter Voicing for Life5 corruption, licensing corruption, goods & services procurement corruption, and corruption on public service.” These findings are consistent with the data from KPK which shows that Bribery Cases are the highest in the vulnerable period of 2004-2017 with 340 cases or 55%. Through the results of his study, Prof. HK also ex- plained the existence of political structural prob- lems from the conflict of interest in the regional election in term of funding between the donors and candidates, corruption in the path of Timber Forest Product Utilization (IUPHHK), data manipu- lation, extortion, until the transaction of particular documents such as Environmental Impact Analy- sis (Amdal) and other related documents. “There are many counterfeit maps in Riau and West Papua that leads to extortion, offers to increase the area of permits, and the cost of ratifying documents.” He said. The draft bill of the Omnibus Law on the job crea- tion bill, Hariadi concluded, was not based on real problems in the field, and the government tends to ignore the environmental risk for investment in- stead of seeing natural resources as a living space. ”Due to interest, this pseudo-legal activity has in- fluenced the decision-making process. In fact, the situation of ‘bad governance’ requires a compre- hensive solution, not only law” he concluded. Omnibuslaw vs Living environment The government has submitted the omnibus law on the Cipta Kerja Bill to the Parliament. For the sake of investment, environmental protection is at stake. Environmental protection is not affirmed as part of an industrial decision There is no EIA Assessment Commission Environmental permits for companies are abol- ished, replaced by government approval There is no confirmation of environmental feasi- bility information in investments easily accessi- ble to the public Environmental impact assessments are monop- olized by the government and are no longer an independent third party Types of administrative sanctions are abolished Nine business criteria with significant impact are removed Supervision and administrative sanctions for in- dustry on carrying out environmental protection completely taken by the central government Activists observers/environmental experts are no longer involved in drafting Environmental Im- pact Analysis (EIA) Claim on environmental damage is closed Source: Prof. Hariadi’s presentation, 17 February 2020, at PWYP Indonesia, Jakarta
  • 6. 6Newsletter Voicing for Life On the other hand, Muhammad Isro as a member of the Stranas PK Team said that based on Pres- idential Regulation 54/2019 and the Joint Decree, one of the focuses and actions of Stranas PK in 2019-2020 is related to licensing and trade that is to improve data governance and compliance in the extractive sector, forestry, and plantation. One of the tools that are used is through the One Map policy. “The pilot project for implementing the One Map Policy was carried out in Central Kalimantan, West Sulawesi, East Kalimantan, Riau and Papua, in col- laboration with cross ministries, Geospatial Agen- cy, and the local provincial government” Isro said. The one map policy stage starts with data shar- ing, synchronization, integration and compilation. These data include Decree (SK), map attachments, and, digital maps. “After the compilation process is complete and integrated with the base map, synchronization will be carried out so that the IGT PITTI (Indicative Overlapping Map of Thematic Geospatial Information) is released.” However, the main obstacle found is the lack of data regional decree, map attachments and its shapfiles. Regarding the Omnibus Law, the Spatial Detail Plan (RDTR) is said to be key in encouraging li- censing. This is automatically included in the fo- cus of the Stranas PK work because RDTR is in the One Map policy. “RDTR is one of the instruments to cut the implementation problem, which is related to Online Single Submission, One Map Policy, and Forest Area Determination. The acceleration of the preparation for this RDTR, said Isro, will be moni- tored through http://jaga.id/monitoring “RDTR needs based on data from the Direc- tor-General of Spatial Planning almost amounted to 2000 RDTR. While the current position is only around 50. Hence, in our opinion, if the CK Bill will be enacted and linked to OSS, I think that is not ready yet.” Source: Presentation of Muhammad Isro, February, 17 2020 at PWYP Jakarta, Indonesia
  • 7. Newsletter Voicing for Life7 Both speakers agreed that the involvement of the community in the process of drafting the Omnibus Law on the Cipta Kerja Bill is a must. Prof. Hariadi conveyed that civil society can conduct Corrup- tion Impact Assessment (CIA), which is checking whether article/subsection in the CK Bill provides space for corruption. This CIA can be used as data to think about the negative impacts if CK Bill is im- plemented. Recommendations in the form of risk advocacy are also necessary to convey the gov- ernment if there is horrible potency when this bill is applied such as the vulnerability of social conflict to an area. Prof Hariadi was considering the di- verse social conditions in each region of Indonesia by giving the example the CK Bill might be suitable if applied on Java, but not suitable for Papua. For the information, the government is on its way to compile 4 (four) Draft Laws (RUU) of the Omni- bus Law, namely the Bill on the State Capital (IKN), the Bill on Pharmaceuticals, the Bill on Job Crea- tion, and the Bill on Taxation Provisions and Facil- ities for Strengthening Economy. At present, the Omnibus Law bill package has been included as part of the 50 bills which becam in the 2020 Na- tional Legislation Program (Prolegnas).
  • 8. 8Newsletter Voicing for Life Self-led influencing: Shifting the Empowerment Narrative September 16-19, 2019 – Voice, a grant facility for diversity and inclusion, held the “Knowledge Ex- change: Influencing Unbound; Rightsholders Tak- ing the Lead” in Masaka, Uganda. This learning event gathered community leaders from the ten Voice member countries in Africa and Asia, Indo- nesia included, to take a deep dive in answering questions around self-led influencing. Voice Indonesia was represented by Publish What You Pay (PWYP) and its project partner, the Sedu- lur Kendeng community. Andri Prasetiyo (PWYP Project Manager) and Gun Retno (Sedulur Sikep indigenous leader) proudly took part and shared their experiences in advocating for the communi- ty’s access to productive resources while uphold- ing environmental sustainability. Specifically, under the Voice project, PWYP to- gether with the community aims to facilitate the development and implementation of policies sup- portive of the conservation of the North Kendeng Mountains through culturally-rooted advocacy and sustainable development principles. Indige- By: Andri Prasetiyo & Al Ayubi
  • 9. Newsletter Voicing for Life9 nous women are also empowered to claim their political space and fully participate in the advo- cacy. It highlights the importance of a communi- ty-driven change agenda which provided for rich sharing during the learning exchange. “What is the strength of being self-led? Who drives the influencing agenda? How do you work with others while still maintaining ownership?” These were some of the questions that stirred their discussions. One of the major reflections is that being self-led realizes changes faster as it provides for authenticity which also contributes to faster mobilization. However, there remains a range of challenges from a personal to a community or organizational level, such as cultural barriers, limited access to information, conditions for sustainability, and sys- temic marginalization. Between advantages and blockages, what plays a significant role are lead- ers and community members—the rightsholders themselves— who are able to identify problems and opportunities and are empowered to openly talk about those. According to Gun Retno, the experience has been valuable as it strengthened his belief in the im- portance of a rightsholders-led advocacy. He committs to continue this empowerment process within their movement and to apply what he has learned to the Kendeng movement. Along this influencing process, he emphasized that it is as important to develop intergenerational transfer to ensure that the movement not just con- tinues but more importantly, strengthens. The ex- change with other groups and organizations about their struggles in their respective movements served as an inspiration for him as he flew more than 5,000 miles back to his hometown. PWYP is a proud partner of the Sedulur Sikep community. The learning exchange further moti- vated the organization to continue nurturing this transformational partnership, pushing forward the advocacy with greater drive and a more united voice. **
  • 10. 10Newsletter Voicing for Life Community participation is needed to ensure the implementation of appropriate and equitable de- velopment policies. This is stated in PP No.45 of 2017 concerning Community Participation in the Implementation of Regional Government. In practice, the role of the community in this mat- ter is still not optimal. The main cause is less un- derstanding on the scope and aspects of supervi- sion that can be done. Therefore, capacity building is needed so that the public can better understand their rights as citizens and they can carry out their supervisory functions effectively and optimally, and also able to measure the accountability and integrity of the implementation of development programs. According to these conditions, PWYP Indone- sia together with LBH Semarang and the Kend- eng Mountains Concerned Community Network (JMPPK) held a community gathering and social audit training entitled Legal & Training Dialogue: Community Participation in the Implementation and Supervision of Development on Saturday (26/10/2019) last week. Sedulur Kendeng Social Audit Training: Increasing Community Participation in Development Oversight By: Al Ayubi & Andri Prasetiyo
  • 11. Newsletter Voicing for Life11 About a hundreds of people crowded the multi- purpose room in Langgar Yu Patmi, in the Village of Larangan, Tambakromo District, Pati, Central Java. Gun Retno, as the coordinator of JMPPK, ex- plained that this event was held to commemorate the 1000 days of Yu Patmi’s death. Yu Patmi is a Kartini Kendeng from Pati who passed away after a series of actions held in front of the Merdeka Palace in order to voicing the sustainability of the Kendeng Mountains. Entitled “Nyewu Yu Patmi Nukulke Patriot Bumi” (Thousand Days Yu Patmi Regrowing the Patriot of Earth) Gun Retno hopes that Yu Patmi’s soul can inspire other people to become new patriots which able to continue the struggle in preserving the en- vironment. State Law and Citizens’ Rights The social audit training began with a discussion session moderated by Andri Prasetiyo (Research- er of Publish What You Pay Indonesia). This dis- cussion presented a number of speakers such as Nimeradi Gulo, who is also a legal assistant for the Kendeng citizens, Rizki Agung Firmansyah and Mujadid Salim from the Anti-Corruption Study Center and the Law Faculty Law Program (CACCP FH) UNAIR, and Tenti Nawari Kurniawati (Director of the IDEA Association). In his presentation, Nimeradi Gulo explained that the Indonesian state was founded by the founders not as a state of power but a state of law. Thus, this country must be run by complying with appli- cable law. Gulo also briefly related to attitudes of lawlessness. Gulo gave an example by referring to the Central Java government who was not com- pliant with the law by ignoring the decision of the Supreme Court’s verdict in favor of the Kendeng Farmer suit. In fact, the Governor of Central Java, Ganjar Pranowo, took a counterproductive action by giving a new permit for the construction of a cement factory in the karst mountainous in Rem- bang, Central Java. Furthermore, the conception of the law itself ac- cording to him is required to contains moral and justice. So, if a “law” is made without moral and justice value, then that is not a law but power. Thus the people as the supreme sovereignty hold- er must monitor and straighten it. Especially in terms of natural resource manage- ment. As shared wealth, the governance carried out by the regional government must be carried out properly and as fairly as possible. Because he added, “the end of the state law principle is the creation of public order and welfare”. Therefore, it is the duty of citizens to dispel any inappropriate actions, including what is currently being faced by people in Kendeng relating to the continued op- eration of mining activities that are not in accord- ance with regulations. On the other hand, Agung from (CACCP FH) UN- AIR described in detail the threat of the Land Bill which was later discussed by the government. One of them is the potential return of the domein verklaring concept in Indonesia, where all land which people cannot prove who the land belongs to, it means that the land belongs to (eigendom) the state.
  • 12. 12Newsletter Voicing for Life In addition, a number of other controversial arti- cles, he added, should also be criticized include the existence of a Land Bank that allows to the liberalization in agrarian sector, the emergence of New Management Rights (HPL), the closure of HGU information, also the articles that potential- ly giving an increase of criminalization to the land defender. Mapping The Development Issues In the afternoon, the activity continued to social audit training. Tenti (IDEA Yogyakarta) as the fa- cilitator, explained the basic concepts to partici- pants about the role of citizen supervision and its procedures through the available institutions. He wants to encourage each participant to be actively involved in the implementation of regional govern- ment to ensure their rights are fulfilled. Because for Tenti, the most important thing in the movement is the increasing of capacity in commu- nity groups as well as strengthening the organi- zations. The organizing agenda, she added, “must be done within the stages starting from villages, districts, to the provincial and national levels.” Group discussion activities by participants Within the format of discussion and participatory learning circles, participants are enthusiastic to discuss in small groups discussing the concept of citizens’ rights, basic regulations, and mapping is- sues in various aspects close to life such as the environment, education, health, infrastructure, transparency and law enforcement. Participants in the group were asked to mapping the topics in terms of problems, causes, impacts, and solutions that were thought of. This mapping is crucial not only as an effort to identify problems together, but also to encourage every person to be involved and willing to voice their idea. Because
  • 13. Newsletter Voicing for Life13 the topics that have been mapped must be pre- sented in front of the group. This session show that participants who previously did not speak much slowly want to express their feel. In some cases, such as on environmental topics, community representatives explained that many mining permits and activities in their areas were not transparent and not considering the views of local residents. A number of environmental prob- lems such as dust, pollution and water crisis are complained by residents because have an impact on their health and economic aspects especially in the agricultural sector. The people also highlight- ed criminalization case when they trying to pro- tect the environment. This has become a serious things in the action to defend their rights. The Meaning of Social Audit Train- ing for Kendeng People After a long series of discussions, the training ac- tivities continued with evaluation. Gunarto, one of the participants from Sikep Pati Citizens, claimed that the activities he had participated in for the whole day were very useful. He became more aware of a variety of basic public services that should be obtained as citizens. Moreover, an understanding of the public’s right to supervise public services that were previously considered taboo by most participants was also increasingly realized after the training. “Now, as a citizen, I have better understanding of how to con- duct surveillance through available channels such as the Village Consultative Unit (BPD), the Police, and related institutions at the Regency and Pro- vincial level,” said Giyem, from Tambakromo Pati. Statistically, we note that there are an increase in understanding which can be observed from the results of the Pre Test and the Post Test that were given. In that form, residents were asked to answer a number of questions about the issue of public service and supervision of the develop- ment. As a result, the overall score in average rise up from 55.7 in the Pre Test to 83.3 in the Post Test session. As a follow-up, the activity ends with the decision of the Sedulur Kendeng action plan, especially in order to respond the Central Java Government’s policies. It is hoped that what has been learned during the training period can be implemented in the JMPPK agenda particularly in monitoring the implementation of the RTRW and RPJMD in Central Java.
  • 14. 14Newsletter Voicing for Life Moeldoko and JMPPK Discuss Kendeng Mountain Study Jakarta - The Kendeng Mountains Caring Com- munity Network (JMPPK) held a meeting with the Head of the Presidential Staff Office (KSP) Mo- eldoko. JMPPK requested that the Strategic En- vironmental Assessment (KLHS) in the Kendeng Mountains be carried out according to President Joko Widodo (Jokowi) ‘s instructions. “We ask that this must be carried out, this is what instructs Pak Jokowi, this has to go back to Mr. Jokowi, whether this is followed up, such as creat- ing presidential interruptions, or regulations. This is up to Pak Jokowi, but this is Mr. Jokowi’s own order when it is not being carried out, this is poor Pak Jokowi, this is an order, “said JMPPK Chairman Gunretno after meeting Moeldoko at the Presiden- tial Palace Complex, Jakarta, Tuesday, November 19, 2019. According to him, until now kendeng is still des- ignated as a potential mine area. In fact, he said, KLHS recommended that no new permits be is- sued. Media Coverage
  • 15. Newsletter Voicing for Life15 Gunretno explained that KLHS is an order of Law Number 32 of 2009 concerning Environmental Protection and Management. Therefore, KLHS must be carried out by the central and local gov- ernments to prevent environmental damage. Gun- retno also asked the government to follow up on a number of problems that occurred in Kendeng. Everything JMPPK has disclosed to Moeldoko. “I think we feel that this is an omission. So we tell Pak Moeldoko, how will this be our country if this destruction continues. This must be firm action,” he said. It is known, Jokowi has entrusted a message to the KSP as the coordinator between the Ministry of Environment and Forestry (KLHK), Ministry of BUMN, Ministry of Energy and Mineral Resources (ESDM) to conduct KLHS in North Kendeng on 2 August 2016. Gunretno said that until now, KLHS could not be used as a basis for protecting areas in the Kend- eng Mountains. “Talking about the follow-up to KLHS. So KLHS is Jokowi’s order to answer the long conflict about Kendeng,” he said. Until now, the palace represented by Moeldoko has not given a definite answer to the JMPPK’s insistence. Moeldoko admitted that he would first coordinate with the Ministry of Environment and Forestry, BUMN and ESDM to discuss viola- tions committed by certain parties in the Kendeng Mountains. “He (Moeldoko) will communicate with the Minis- try of Environment and Forestry and others to fol- low up on these violations,” said Gunretno. Source: https://www.tagar.id/moel- doko-dan-jmppk-bahas-kajian-pegunun- gan-kendeng
  • 16. 16Newsletter Voicing for Life PWYP Indonesia is a coalition of civil societies for transparency and accountability of extractive resource governance in Indonesia. PWYP Indonesia was established in 2007, legalized under Indo- nesia’s law in 2012 as Yayasan Transparansi Sumberdaya Ekstraktif, and affiliates to the network of PWYP global campaign. PWYP Indonesia works in transparency and accountability along the chain of extractive resource, from development phase of contract and mining operation (publish what you pay and how you extract), production phase and revenue from industries (publish what you pay), to the spending phase of revenue for sustainable development and social welfare (publish what you earn and how you spent). Address Jl. Tebet Timur Dalam VIII K No. 12, RT 001/009, Tebet Timur, Tebet, Kota Jakarta Selatan, DKI Jakarta 12820 Social Media pwypindonesia — Instagram pwyp_indonesia — Twitter Publish What You Pay Indonesia — Facebook Publish What You Pay Indonesia — Linkedin Contact sekretariat@pwypindonesia.org — Email www.pwypindonesia.org — Website Publish What You Pay Indonesia [Yayasan Transparasi Sumberdaya Ekstraktif]