InfoSAWIT, JAKARTA – Indonesian environmental organization Kaoem Telapak has called on PT Borneo Surya Mining Jaya (BSMJ), an oil palm plantation company under First Resources Ltd. and a member of the Roundtable on Sustainable Palm Oil (RSPO), to immediately suspend land clearing activities in the Indigenous territory of Muara Tae, West Kutai Regency, East Kalimantan.
The appeal follows reports from the Muara Tae Indigenous community alleging that the company resumed land clearing and oil palm planting on June 18 in an area they claim remains part of their customary territory and is still subject to an unresolved land dispute.
According to a statement received by InfoSAWIT on Sunday, community representatives said the latest clearing took place adjacent to previously disputed areas and threatens one of the remaining forest landscapes that local residents have protected for generations.
Kaoem Telapak noted that PT BSMJ had suspended land development in 2012 following protests from local residents. Since then, the Muara Tae community has pursued multiple dispute-resolution mechanisms, including direct engagement with the company, RSPO's complaints process, and Indonesia's National Human Rights Commission (Komnas HAM).
However, the organization said those efforts have yet to produce a comprehensive and mutually accepted resolution, leaving the conflict unresolved more than a decade later.
As an RSPO member, First Resources is expected to implement sustainability standards that include respecting Indigenous and local community rights, recognizing customary land tenure, applying the principle of Free, Prior and Informed Consent (FPIC), and resolving disputes through transparent and inclusive consultation processes.
Kaoem Telapak argued that the reported resumption of land clearing raises questions about the implementation of those commitments, given that the Muara Tae land dispute has remained unresolved since 2011.
The organization also highlighted that the Muara Tae Indigenous community received the 2015 Equator Prize from the United Nations Development Programme (UNDP) in recognition of its efforts to protect local forests and biodiversity. Despite that international recognition, Kaoem Telapak said the community continues to face prolonged land conflicts and growing pressure on its customary territory.
Community leader Masrani said the reported land clearing has affected not only community-owned plantations but also forest areas and critical watershed ecosystems that support daily livelihoods.
"What has been cleared is not only our fruit gardens, rattan, and rubber trees, but also the forests we have protected for many years. Around 30 hectares have already been affected, and the clearing is expected to expand. The river's headwaters have also been damaged, leaving the water muddy even though the community depends on it for daily needs," Masrani said.
He also urged PT BSMJ to halt activities that he believes could intensify tensions between neighboring communities over the boundary with Muara Ponaq Village, arguing that the company has been aware since 2012 that the area remains disputed.
Meanwhile, Olvy Tumbelaka, a board member of Kaoem Telapak, said the Muara Tae case illustrates the continuing gap between Indonesia's legal recognition of Indigenous rights and conditions on the ground.
More than a decade after Constitutional Court Decision No. 35/PUU-X/2012, which ruled that customary forests are not part of state forests, many Indigenous communities continue to struggle to secure legal protection for their traditional territories, he said.
Olvy argued that stronger legal safeguards remain necessary and urged lawmakers to accelerate the passage of Indonesia's long-awaited Indigenous Peoples Bill, which he said would provide clearer legal recognition and stronger protection for customary land rights.
In its statement, Kaoem Telapak called on PT BSMJ to suspend all land clearing activities in the disputed area, while urging the governments of West Kutai Regency, East Kalimantan Province, and the central government to take concrete measures to protect the rights of the Muara Tae Indigenous community and facilitate a fair resolution to the dispute.
The organization also called on both the RSPO and Indonesia's Indonesian Sustainable Palm Oil (ISPO) certification system to strengthen oversight by ensuring the company complies with FPIC principles, refrains from clearing disputed land, and protects the remaining forests within the Muara Tae customary territory. (T2)
