Chronology

Sungai Sodong Village Community clashed with PT SWA, District Mesuji Ogan Komering Ilir.
Investigation by WALHI South Sumatra Sunday, April 24, 2011

In 1996/1997 Sodong villagers filed cooperation with PT. Sumber Wangi Alam
(SWA)/Trikrasi Margamulya (TM) to be woken palm smallholdings. Sodong public filings
agreed by PT SWA/TM. (Letter of agreement in the villager). PT. SWA was initially a
network of PT London Sumatra. Owner PT SWA named H. Muhamad Akip from North

Sumatra.
During the 1997-2001 period, it turns out PT SWA only build 400 ha of smallholdings

society.
In 2002, due to plasma plantation area of 400 hectares is not enough to distribute to the
participants in the plasma (350 participants), plasma is converted into plasma fasif. With a
scheme that PT SWA who manage, people just accept the results. (Agreement of fasif

plasma in the villager)

After plasma made public in plasma fasif, PT SWA does not fulfill the conversion

agreement.
Seeing the company did not fulfill the agreement, the public questioned why the company

did not provide the results of plasma to the public. However, PT. SWA always dodged.
During 2002 until 2010, the community effort demanding their rights have been carried out.
Mediation efforts facilitated by the DPRD OKI has been done, but still did not produce a

settlement.
At the end of 2010, residents of the village of Sungai Sodong Mesuji Subdistrict Ogan
Komering Ilir (OKI) to harvest in palm oil plantation owned by PT Sumber Wangi Alam (PT
SWA). In fact, at that time, the harvest is done residents in nucleus PT SWA area of 298

hectares, watched by a platoon of Brimob members.

The company ever catch people who steal palm, but residents then holding employees of a

company and asking friends who were arrested were released.

In January 2011, immediate meeting resolution of this case led by the Regent of OKI, H.
Ishak Mekki in his office. Mediation was attended by community representatives Sungai
Sodong, PT. SWA, Kajari OKI, OKI police chief, commander, and Camat. This meeting also
unsuccessful. Precisely PT SWA circumvent that agreement fasif plasma has been canceled

by the former village chief Sungai Sodong named Safe'i Komala (late).
On April 17, 2011, PT SWA announced that April 18, 2011, the company invited to meet in

the land dispute for settlement of disputes. People feel elated over the news.
On 18, 19, 20 April 2011 people came to localized promised and wait, it turns out that no
one from the company came.
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On Thursday, April 21, 2011, the community came back to location land. A short time later,
around 11:00 am public hearing gunshots not far from the location where people wait.
Having in view turned out to be citizens of one of its citizens have been killed in suicide by
the neck slit and a gunshot wound to the breaking point and as many as 3 hole named Indra
Syafe'i (19). Approximately 30 meters of Indra Syafe'i, residents also have citizens named
Saktu (20) lying covered in blood with ears, shoulders dagger slashed and a knife still
lodged in his shoulder. At the moment it finds, Saktu still breathing and still can talk, the
deceased delivered to its citizens "do not leave me, help me, I'm beaten by security guards

and officers". Not long after, he dead on the way.

In the course of the evacuation of the bodies Indara Syafe'i and Saktu, panicked residents
met with dozens of security guards with security uniform and thugs that are not far from the
companys base camp. Then spontaneously came to pass clashed with security guards and
thugs. This then leads to clashes 5 people from the company were killed.

Komnas HAM Version

REPUBLIKA.CO.ID, JAKARTA - The debate between the government and the victims of violence
Mesuji, South Sumatra makes the fact that increasingly blurred. Komnas HAM trying to straighten
out the actual problems that occurred sitting there, as well as how the solution.
Commission Commissioner, Ridha Saleh, said the root of the problems that occur in Sungai
Sodong, Mesuji, Ogan Komering Ilir, South Sumatra told Reuters on Wednesday (21/12).
Ridha said the events in the Sungai Sodong triggered by land disputes. Where in 1997 occurred a
cooperation agreement between PT SWA with residents, related to the 564 parcels of land covering
an area of 1070 ha property of citizens to be plasma.
The agreement for a period of 10 years, after which it will be returned to the citizens. During the
past 10 years, every year residents also promised a compensation.
But until now the company did not fulfill the agreement. Finally in April 2011 Sungai Sodong
community to take back the land through occupation.
Not also restore the land, the company even accuse the occupation of land residents as a nuisance.
Then, on April 21, 2011, two people namely Indra (nephew) and Saytu (uncle) around 10:00 pm
rode out of the house is intended to buy toxic pest.
They passed through the shaft plantation residents (not the disputed territory and outside Sungai
Sodong Village). No one knows the event, suddenly at 13:00 pm No news spread that two people
died. The news reached the Sodong residents including the victim's family.
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Hearing the news, the victim's family including his uncle and his sister went straight to the scene
and found Indra lying in the street with cut wounds neck (not to drop out) and supposedly there are
three gunshot wounds, two in the chest and one in the waist. While Saytu found near oil palm
plantations, or about 70 meters away from the bodies of Indra, with the prone position in a state of
dying.
"Saytu then asked his brother who committed the abuse. Saytu answer that does is guard, pam
Swakarsa, and officers," said Ridha.
Then, around 14:00 pm, some residents went to base camp and marched companies there. They
were questioned, as well as hold the family why they were killed. According to residents, said
Ridha, march when they do not take action much less anarchic murder.
"Related to the 5 people who died of security firm they dont know. It should be straightened out,"
said Ridha.

Problem Cause
Henry Saragih, General Chairman of the Indonesian Farmers Union (SPI) assess, in principle,
conflicts occur because of the large plantations alignments Law No. 18 of 2004 against plantation
companies and ignoring the rights of the community.
"Act No. 18 of 2004 plantations provide very strong legality to the plantation companies to take the
lands controlled by the people. The articles in this law clearly gives a large space to the estates both
private and government to continue to commit acts of violence and criminalization of farmers, "said
Henry.
In chapter 20, for example by clearly allowing plantation companies do security plantation business
in coordination with the security forces and the local community. Article is then used by the
plantation companies to establish a special security team or better known as "Pam Swakarsa"
supported by the security forces who later became the company's main weapon in conflict with the
public estate.
"Actions such as intimidation, forced evictions, persecution and even actions that can lead to death
are often carried out by pam swakarsa on society in conflict with the plantation companies
supported by the authorities," said Henry.
Mesuji related to the incident, SPI Urgent:
1. Immediately establish a Special Committee in the Parliament in order to investigate and find
facts on the ground.

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2. Immediately revoke permissions PT. Silva INHUTANI and (SWA) as well as other
plantation companies involved; because the real has committed a crime against farmers and
3.
4.
5.
6.

cause casualties.
Investigate and prosecute members of the police and the parties involved in the case Mesuji;
Review the placement of members of the police in the area of the plantation;
Repeal Act No. 18 of 2004 Plantation Act because it is the source of agrarian conflicts;
Establish a specialized agency of the agrarian conflict resolution to resolve agrarian conflicts

that continue to occur;

7. Immediately implement agrarian reform that was promised by the government of SBY
through the National Agrarian Reform Program (PPAN) as mandated by the Basic Agrarian
Law No. 5 1960.

About CSR & Village Law

Corporate Social Responsibility (CSR) is a concept that organizations, especially (but not only) of
the company is to have various forms of responsibility towards all stakeholders, which include
customers, employees, shareholders, communities and the environment in all aspects of company
operations that include economic, social, and environmental. Therefore, CSR is closely related to
"sustainable development", which is an organization, particularly enterprises, in carrying out its
activities must base its decision not only based on their impact on the economic aspects, such as the
level of profits or dividends, but also must weigh the social and environmental impacts arising of
that decision, both for the short term and for the longer term. With such understanding, CSR can be
considered as the company's contribution towards the goal of sustainable development by way of
management impacts (minimizing negative impacts and maximizing positive impacts) on all
stakeholders.
A broad definition by the World Business Council for Sustainable Development (WBCSD) is a
global association of approximately 200 companies that are specifically engaged in the field of
"sustainable development" (sustainable development) which states as follows:

"CSR is a continuing commitment by business to act ethically and contribute to economic

development of the local community or society at large, along with an increase in the living
standards of workers and the whole family".

CSR as a firm engagement to maintain and improve the conditions of people and the environment
around the company in question through social development, environmental and economic
empowerment. More precisely called statutory rights accepted by society as part of the
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compensation of material and non-material by the company, because it indirectly society accept a
loss on operations of the company in their neighborhood.
While the amount of funds from the company to the public there is no agreed standard rules, but
only based on merit and feasibility on the basis of environmental conditions and financial
capabilities. Included in determining the adjusted coverage area of CSR activities on the company's
technical capabilities in reaching the public, especially in the areas of industrial development of the
companies concerned. If there is one company that has a working area of more than 2 region
administrative districts/cities, then between the company and the heads of regions must jointly
discuss how the amount of funds received CSR each district/city, because there will be differences
in terms of both concentration of activities and the amount of funding received depends on the
agreement of the various parties.
When viewed from the Law No. 6 of 2014 on the village related to the company's CSR activities,
there are several points that can be criticized on the Budget among rural, indigenous village, and the
position of village head. Act village itself is an accumulation of aspiration village head belonging to
the association and the entire village heads Indonesia. The draft law has been fought since 2006,
and recently passed on 15 January 2014 by the president and implementation plan in 2015 because
it requires derivative regulations that government regulations and local regulations.
In the implementation of this Act requires derivatives rules outlined in government regulation, at
least two PP is being hammered out, including PP and concerning the transfer of funds relating to
indigenous villages.
1) Budget village
CSR funds will be included in the financial scheme through APBDes his village. In this case the
CSR fund may enter into grants and third party contributions are not binding, or can also be
included in other income components were legitimate village. Regardless of how the funding
strategy, whether through a third party or handled by the company, but in general funding submitted
to village officials to be managed as for the construction of public facilities and economic
empowerment. If that is taken, then the funds of the company will be included in the count APBDes
with poured in through RPJMDes program. There are negative and positive side when the scheme is
carried out, depending on the goodwill of the village and the company as a funder. Goodwill
devices such as seriousness in running the program and funding, through the transparent use of
funds.
2) The traditional village
Various voices of indigenous people who say that the company who come into the customs territory
of the village, because of the generation before (ancestors) of indigenous peoples already inhabited
the area concerned. So that when companies perform what is called a land acquisition that is a kind
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of land acquisition, especially by relying on a formal approach and even threats, it reflects poorly on
the company. However people who lost the legal path, precisely organized resistance such as
demonstrations that tend to anarchy, to the outside of rational action even many cases of murder,
which they regarded as a form defense of what they consider to be the private property or
sometimes communal rights.
So the customary dispute resolution should be based on customary law prevailing in the Indigenous
Village with emphasis on human rights and the spirit of the deliberations. The Village Act set also
recognizes the rights of indigenous peoples and facilitated by the concept of the traditional village.
So that rules the people residing in the indigenous territory bargaining power of administration and
guaranteed their rights on companies operating in their areas.
Through Law The village is also set equal rights and obligations on the public with the village at
large.
Legal certainty indigenous peoples is also associated with the funding of CSR by companies. With
the recognition of indigenous villages as a formal entites society, then liability companies on their
social responsibility also fits the goal of empowerment. Such forms of company CSR is
philanthropy, for example, by providing assistance in the form of funds or programs that are
empowering the community on various issues, the company is not worried about the use of these
funds, the community will also feel appreciated for their rights, and even eliminate the distance
between the public and company.
3) The position of village headman
Linkages village headman position on various community issues related to the position of village
headman as a link the interests of society and companies operating in the village. Sometimes the
village headman more priority to personal interests and colleagues over the public interest. So it is
not surprising that the turmoil of the public arising from the company or companies that do not
concern to the society. This rhythm can be seen as the process of labor recruitment where the
company in recruiting local labor through the village headman as an intermediary. The company
takes the policy because the company does not want to get involved if there is a problem on labor is
concerned. The village headman who provide recommendations to the company who proposed to
become the labor. However, problems sometimes arise precisely as the village chief to charge to the
community for anyone who wants to work in the company.
Therefore Law mandates village headman obligations such as village heads should implement the
principles of governance accountable, transparent, professional, effective and efficient too clean,
and free from collusion, corruption, and nepotism. Thus required community participation in
overseeing and guarding various budgeting on APBDes. Liabilities village heads must also provide
and disseminate information in writing to the governance of rural communities each end of the
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budget year. So that people have the right to obtain information governance including the village
budget.

Law
Law No. 40 Year 2007 on Limited Liability Companies ("Company Law") and Government
Regulation No. 47 Year 2012 on Social and Environmental Responsibility Company Limited
("Regulation 47/2012")
Regarding TJSL, under Article 74 of the Company Law and explanation. These settings apply
to the company. Under Article 1 point 1 of the Company Law, the Company (Limited Liability
Company) is a legal entity which is a joint-venture, established by agreement, conduct business
with authorized capital divided into shares entirely and meet the requirements set out in this Act and
its implementing regulations.
According to Article 1 paragraph 3 of the Company Law, Social and Environmental
Responsibility is the company's commitment to participate in the sustainable economic
development to improve the quality of life and environment is beneficial, both for the company
itself, the local community and society in general.
Article 74 of the Company Law basically governs the following matters:
a. TJSL is mandatory for companies running their business activities in the field and/or related
to natural resources.
Referred to as "the company that runs its business activities in the field of natural resources"
is a company whose business is to manage and exploit natural resources.
While that is a "company that runs its business activities relating to natural resources" is a
company that is not managing and utilizing natural resources, but its operations have an
impact on the functioning ability of natural resources.
b. TJSL is an obligation of the company budgeted and accounted for as expenses of the
company are carried out with due regard to decency and fairness.
c. Regarding sanctions, saying that the company does not carry out the obligations TJSL be
sanctioned in accordance with the provisions of the legislation concerned.
In Article 4 of Regulation 47/2012, said that TJSL implemented by the Board of Directors by the
company's annual work plan after approval by the Board of Commissioners or the Shareholders
General Meeting (RUPS) in accordance with the articles of association of the company. The
company's annual work plan contains the plan of activities and budget needed for the
implementation of TJSL.

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TJSL implementation was published in the company's annual report and be accountable to the
General Meeting (Article 6 of Regulation 47/2012).

Source
http://walhi-sumsel.blogspot.com/2011/04/kronologis-bentrok-warga-sungai-sodong.html
http://satrioadiewicaksono.blogspot.com/2012/01/kronologi-kasus-mesuji.html
http://www.spi.or.id/?p=4555
http://id.wikipedia.org/wiki/Tanggung_jawab_sosial_perusahaan
http://www.hukumonline.com/klinik/detail/lt52716870e6a0f/aturan-aturan-hukum-corporate-socialresponsibility
https://www.academia.edu/7664437/CSR_DAN_UU_DESA
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