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Indonesia: Army grabs customary land and ignores law enforcement
Asian Human Rights Commission Urgent Appeal - September 14, 2015
Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding land confiscation conducted by the Indonesian Army in Urut Sewu, Kebumen Regency, Central Java Province. The Army has not obeyed the law; it has claimed the land without supporting evidence. The conflict has not been resolved since 2011 due to lack of law enforcement and weakness of the government policy on land reform. The perpetrators who have grabbed the land and resorted to violence have never been brought to court.
Case narrative:
Based on the information received by the Asian Human Rights Commission, friction related to land conflict in Urut Sewu, Kebumen Regency, has remained since 16 April 2011, when the Army attacked and shot local residents, resulted in serious injury to thirteen residents.
The are of conflict of Urut Sewu in Kebumen Regency, Central Java Province, is from around Lukulo River, Ayam Putih Village, up till Mawar River, Wiromartan Village. In total, the scale of the conflict area is 22.5 km by.5 km. Local residents who defend the land come from various villages along the coast of South Kebumen, namely: Ayam Putih, Setrojenar, and Bercong (BulusPesantrenSubdistrict); Kenoyojayan, Ambal, Petangkuran, and Sumberjati; MiritPetikusan, Tlogodepok, Tlogopragoto, and Lembupurwo.
The 2011 violence was never brought to court; the military men who attacked local residents remain unpunished and are enjoying impunity. Clashes have flared again 2015 because the Army has planned to fencethe land. Since 29 July 2015, heavy equipment, such as trucks and a number of Army soldiers have been brought to the village of Lembupurwo, Mirit District, Kebumen Regency. On July 30, at 9 p.m., around 150 residents of Urut Sewu publicly protested against the Army's plan.
Around 1 p.m., different kinds of heavy equipment began being rushed to the location and the Army started digging for fencing; around four hundred Army personnel began creating security barricades. Local residents defending their lands were attacked and forcibly moved by hundreds of soldiers and heavy equipment. As a result, 6 residents got injured, including a number of mothers. The Army trampled the women.
Additional information:
Land conflict between the military and local indigenous or community has occurred widely and frequently in Indonesia, in particular in the past 10 years. The conflict is due to the weak policy of the government, in particular the State Land Agency (BPN) and the Agrarian Ministry. Though the 1945 Indonesian Constitution and Law No. 5 of 1960 assure that the government will conduct land reform for all Indonesian citizens, it has never happened.
Military usurpation of customary land has destroyed the legal system in Indonesia, because the military does not obey the law; the military has always avoid the legal mechanism and preferred using excessive force to intimidate and claim the land without evidence.
Suggested action:
Please write to the authorities listed below, asking them to ensure that military (Army) will obey law enforcement and not avoid the mechanisms of civil judicial institutions to prove ownership of the land. The government must ensure investigation is conducted and the perpetrators brought to the court without undue delay. Moreover, the government should provide remedies for victims and the families of victims who got injured and lost their customary land.
The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Special Rapporteur on the rights of the indigenous peoples, and the Special Rapporteur on the rights to freedom of peaceful assembly and of association.
To support this case, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-111-2015.
Sample letter:
Dear ....................,
Indonesia: Army grabs customary land and ignores law enforcement
Names of victims:
1. Mr. Muchlis,
who fainted after being trampled and beaten by military personnel
2. Mr. Sunu,
who suffered head blows and kicks and whose left little finger is fractured
3. Mr. Prayogo,who
has suffered a head injury,bruised hands, and fainted
4. Mr. Ratiman,
kicked in the head, fainted, and suffered right and left hand bruises
5. Mr. Rajab,
suffered a broken left jaw, neck, thigh bruise, and fainted
6. Mr. Awit,
kicked in the groin, suffered head blows, and severe injury to the hand
7. Number of
women (mothers) who joined the public protest experienced violence, in
particular trampling, by the Army.
Alleged perpetrators:
The Indonesian Army
Date of incident:
29 July 2015
Place of incident:UrutSewu,
Kebumen Regency, Central Java Province, Indonesia
I am writing to voice my deep concern regarding land confiscation conducted by the Indonesian Army in Urut Sewu, Kebumen Regency, Central Java Province. The Army has not obeyed the law; it has claimed the land without supporting evidence. The conflict has not been resolved since 2011 due to lack of law enforcement and weakness of the government policy on land reform. The perpetrators who have grabbed the land and resorted to violence have never been brought to court.
Based on the information received by the Asian Human Rights Commission, friction related to land conflict in Urut Sewu, Kebumen Regency, has remained since 16 April 2011, when the Army attacked and shot local residents, resulted in serious injury to thirteen residents.
The are of conflict of Urut Sewuin Kebumen Regency, Central Java Province, is from around Lukulo River, Ayam Putih Village, up till Mawar River, Wiromartan Village. In total, the scale of the conflict area is 22.5 km by.5 km. Local residents who defend the land come from various villages along the coast of South Kebumen, namely: Ayam Putih, Setrojenar, and Bercong (BulusPesantrenSubdistrict); Kenoyojayan, Ambal, Petangkuran, and Sumberjati; Mirit Petikusan, Tlogodepok, Tlogopragoto, andLembupurwo.
The 2011 violence was never brought to court; the military men who attacked local residents remain unpunished and are enjoying impunity. Clashes have flared again 2015 because the Army has planned to fence the land. Since 29 July 2015, heavy equipment, such as trucks and a number of Army soldiers have been brought to the village of Lembupurwo, Mirit District, Kebumen Regency. On July 30, at 9 p.m., around 150 residents of Urut Sewu publicly protested against the Army's plan.
Around 1 p.m., different kinds of heavy equipment began being rushed to the location and the Army started digging for fencing; around four hundred Army personnel began creating security barricades. Local residents defending their lands were attacked and forcibly moved by hundreds of soldiers and heavy equipment. As a result, 6 residents got injured, including a number of mothers. The Army trampled the women.
Therefore, we respectfully call upon the Indonesian government to ensure that an impartial invetigation is conducted into this incident, whereinthe Army brutally attacked the local residents and fenced the land without enough evidence to support their claim land.
Please also ensure
that the perpetrators be held accountable under the standard of fair trial.
And further, the Indonesian government has to provide adequate compensation
to victims and their families.
I look forward
to your prompt action in this matter.
Yours Sincerely,
...................
Please send your letters to:
1. Mr. Joko Widodo
President of
the Republic of Indonesia
Jl. Veteran No.
16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458
595
Fax: +62 21 3484
4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna
Laoly
Minister
Ministry of Law
and Human Rights
Jl. HR Rasuna
Said Kav. 6 -- 7
Kuningan, Jakarta
12940
INDONESIA
Tel: +62 21 525
3006, 525 3889
Fax: +62 21 525
3095
3. Dr. Mualimin
Abdi SH., MH
Director General
of Human Rights
Office of the
Director General of Human Rights
Jl. HR Rasuna
Said Kav. 6 -- 7
Kuningan, Jakarta
12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Badroedin
Haiti
Chief of National
Police
KAPOLRI
Jl. Trunojoyo
No. 3
KebayoranBaru,
Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384
8537, 726 0306
Fax: +62 21 7220
669
E-mail: info@polri.go.id
5. General Gatot
Nurmantyo
Chief of Indonesian
Military
Mabes TNI Cilangkap
Jakarta Timur
INDONESIA
Tel: +62 21 84595576,
+62 21 8459-5326
Fax: + 62 21
84591193
Email: ppidtni@puspen.tni.mil.id
6. Mr. Danang
Girindrawardana
Chairperson of
Ombudsman of Republic of Indonesia
Jl. HR. Rasuna
Said Kav. C-19 Kuningan (Gedung Pengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
7. Mr. Luhut Binsar
Panjaitan
Chairperson
National Police
Commission
Jl. Tirtayasa
VII No. 20
Kebayoran Baru,
Jakarta Selatan
INDONESIA
Tel: +62 21 739
2315
Fax: +62 21 739
2352
E-mail: secretariat@kompolnas.go.id,
skm@kompolnas.go.id
8. Mr. Mahfudz
Siddiq
Chairperson of
the Commission One of the House of Representative [DPR]
Gedung Nusantara
II DPR Indonesia, Lt I
JalanJenderalGatotSubroto,
Jakarta,
INDONESIA
Tel: +62 21 5715.520,
+62 21 5715.518/581
Fax: +62 21 5715.
328/+62 21 571 5687
Email: bag_pengaduan@dpr.go.id
9. Mr. Nur Kholis
Chairperson National
Human Rights Commission
Jl. Latuharhary
No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392
5227-30
Fax: +62 21 392
5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals
Programme
Asian Human Rights
Commission (ua@ahrc.asia)
Source: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-111-2015.
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