Abstract

While legal and policy frameworks are based on a clear distinction between public and private security actors and functions, the reality on the ground in Indonesia reveals that there is a high level of corporate capture of public security services, including the military and police, who often operate alongside private security companies (mainly local, though there is some evidence of an emerging international presence), and the security personnel of companies engaged in the natural resources industry. This has led to serious human rights violations of indigenous peoples and other local inhabitants, who often find themselves entangled in protracted conflicts with multinational companies over access to their land. Two case studies involving fieldwork in the logging and palm oil sectors in Sumatra reveal a pernicious and deliberate erosion and violation of rights of local inhabitants across the spectrum of security actors, showing that public security actors are protecting corporate interests rather than performing public functions. The implications of these findings are considered in terms of legal responsibilities as well as access to justice. The article reasons towards what are argued to be necessary legal and policy changes.

Highlights

  • There have been widespread human rights violations across the Indonesian archipelago by the Indonesian security sector working for or on behalf of multinational corporations (MNCs) in the commodities sector

  • While legal and policy frameworks are based on a clear distinction between public and private security actors and functions, the reality on the ground in Indonesia reveals that there is a high level of corporate capture of public security services, including the military and police, who often operate alongside private security companies, and the security personnel of companies engaged in the natural resources industry

  • The first case study revealed a conflict between PT Asiatic Persada (AP), a palm oil company owned by the Indonesian conglomerate Ganda Group, and the indigenous Suka Anak Dalam (SAD) people and former migrant populations involving 3550 ha of AP’s 20,000 ha palm oil concession in Jambi province Sumatra, with a focal point being the village of Bungku

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Summary

Introduction

There have been widespread human rights violations across the Indonesian archipelago by the Indonesian security sector working for or on behalf of multinational corporations (MNCs) in the commodities sector. 7 which presents clear evidence of persistent, pernicious and largely unpunished human rights abuse of villagers and communities by a combination of military, police and private security actors all working in one way or another for businesses engaged in the natural resources sector. There remains much blurring, between public and private actors especially in the field of security

Public–Private Distinctions and the Rise of ‘Corporate Capture’
Blurring the Distinction in Indonesia
Public Liability for Private Security
Business and Security in Indonesia
Human Rights Violations by Security Actors
Case Study on Palm Oil and Security
Case Study on Logging and Security
10 Accountability and Access to Justice
11 Conclusion
Full Text
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