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Indonesia: Local farmers arrested and prosecuted after reclaiming their land
Asian Human Rights Commission Urgent Appeal - November 2, 2016
Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from a prominent human rights NGO, the Commission for the Disappeared and Victims of Violence (KontraS), Surabaya branch office. It is regarding the arbitrary arrest of 40 farmers and two university students by police officers of the Blitar police resort (Polres Blitar). All of them were arrested and interrogated without the presence of their lawyer. Eleven have been named as suspects and prosecuted before the courts.
Case narrative:
Senggon farmers in an East Java province reclaimed their land. This included the Cultivation Right on Land (HGU certificate) belong to the Dewi Sri Company (Plantation Company) in Wlingi sub-district, East Java province. Previously, the farmers had sent letters to the President, to the National Land Agency (BPN) as well as to the Blitar regent about the land re-claiming plan. These efforts have not yet brought any results.
On October 15, 2016 the farmers reclaimed and planted the land in order to send a message that the land belongs to the farmers. The reclaiming activity was not a spontaneous activity. On October 10, the farmers had informed and submitted a written permit to the Blitar Police Resort (Polres Blitar), Blitar regent and local police sector (Polsek). These institutions recommended that the farmers plant in the area of HGU that is managed by the Dewi Sri Company.
Before planting, Mr. Slamet Darioni, a farmer community leader who led the land acquisition, made a request of the police and representative of the plantation company. He asked that they give the opening remarks. They refused the invitation. At 11 am (local time) the farmers started planting. The plantation's security personnel prohibited the farmers from continuing and requested them to stop. And the farmers complied.
However, without any discussion or announcement, the police brought out their weapons. They ordered the farmers to move together into a group. The residents were then arrested and brought to the Blitar police resorts. The police investigators interrogated 40 farmers and two university students without the presence of their lawyer and released all of them. The police named 11 of them as suspects and the case proceeded to court. The eleven farmers, potentially, can be sentenced to three months imprisonment while Mr. Slamet Darioni potentially can be sentenced to a maximum of six years in prison.
Additional information:
Land conflicts contribute to the most human rights violations in Indonesia. The government has failed to provide a resolving body to settle the problem. They have also failed to implement land reform as written in the Nawacita (President Widodo's Nine Priority Agenda Items). Despite mandated land reform, regulated under Law No. 5 of 1960 on Basic Regulation on Agrarian issues, has never been implemented. The AHRC has documented and reported similar cases on land conflicts and human rights violations against farmers. See AHRC-UAC-062-2015, AHRC-UAC-051-2012, and AHRC-UAC-010-2013.
Suggested action:
Please write to the authorities listed below, asking them to ensure that the government of Indonesia implements the land reform agenda and stops the prosecution of the 11 Senggon Farmers. An effective mechanism needs to be developed to resolve any agrarian conflicts. Security forces should not be used in solving agrarian conflicts. Rather, the law enforcement agencies should investigate the abuse of power by police officers of the Blitar police resort. An immediate review should be conducted on the Cultivation Right on Land (HGU certificate) belonging to the Dewi Sri Company.
The AHRC will write a separate letter to the UN Special Rapporteur on the Independence of Judges and Lawyers and Chairperson Working Group. The issue is human rights and a calling for the intervention of national corporations and other business enterprises into this matter.
To support this case, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-136-2016
Sample letter:
Dear ....................,
Indonesia: Local farmers arrested and prosecuted after reclaiming their land
On October 15, 2016 the farmers reclaimed and planted the land in order to send a message that the land belongs to the farmers. The reclaiming activity was not a spontaneous activity. On October 10, the farmers had informed and submitted a written permit to the Blitar Police Resort (Polres Blitar), Blitar regent and local police sector (Polsek). These institutions recommended that the farmers plant in the area of HGU that is managed by the Dewi Sri Company.
Before planting, Mr. Slamet Darioni, a farmer community leader who led the land acquisition, made a request of the police and representative of the plantation company. He asked that they give the opening remarks. They refused the invitation. At 11 am (local time) the farmers started planting. The plantation's security personnel prohibited the farmers from continuing and requested them to stop. And the farmers complied.
However, without any discussion or announcement, the police brought out their weapons. They ordered the farmers to move together into a group. The residents were then arrested and brought to the Blitar police resorts. The police investigators interrogated 40 farmers and two university students without the presence of their lawyer and released all of them. The police named 11 of them as suspects and the case proceeded to court. The eleven farmers, potentially, can be sentenced to three months imprisonment while Mr. Slamet Darioni potentially can be sentenced to a maximum of six years in prison.
Therefore, I respectfully request that you ensure the government of Indonesia implements the land reform agenda, and stop prosecution of the 11 Senggon Farmers. The government should develop an effective mechanism to resolve any agrarian conflict and stop using security forces in solving agrarian conflicts.
Law enforcement agencies should investigate the abuse of power by police officers of Blitar police resort and immediately review the Cultivation Right on Land (HGU certificate) belonging to the Dewi Sri Company.
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 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 Pol.
Drs. H.M. Tito Karnavian, M.A., Ph.D
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. Ms. Poengky
Indarti
Commissioner
of the National Police Commission
Jl. Tirtayasa
VII No. 20
KebayoranBaru,
Jakarta Selatan
INDONESIA
Tel: +62 21 739
2315
Fax: +62 21 739
2352
E-mail: secretariat@kompolnas.go.id,
skm@kompolnas.go.id
6. Professor.
Amzulian Rifai S.H, LL.M, PhD
Chairperson of
Ombudsman of Republic of Indonesia
Jl. HR. Rasuna
Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
7. Dr. HM. Azis
Syamsuddin, SH
Chairperson of
the Commission III of The House of Representative
KetuaKomisi III
DPR RI
Gedung Nusantara
II DPR RI, Lt I
JalanJenderalGatotSubroto,
Jakarta,
INDONESIA
Telp: +62 21
-5715566, +62 21-5715569, +62 21-5715864
Fax: +62 21 5715566
8. Mr. Abdul Haris
Semendawai
Chairperson of
the Agency for Victims and Witness Protection
Lembaga Perlindungan
Saksi dan Korban (LPSK)
JL. Proklamasi
No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 3190606/+62
21 31927881
9. M. Imdadun
Rahmat
Chairperson of
the National Commission on Human Rights (Komnas HAM)
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-136-2016.
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