INDONESIA: Tulang Bawang farmers reclaim their land but face fabricated charges

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-145-2016
ISSUES: Administration of justice, Right to fair trial, Right to remedy,

Dear Friends,

The Asian Human Rights Commission (AHRC) has information provided by the Land Reform Commission (KPA), a national NGO documenting land conflicts. It is regarding land grabbing and a fabricated case against local farmers in Tulang Bawang, Lampung. The farmers and local community have been struggling to reclaim their lands since 1993, which were forcibly occupied by the Bangun Nusa Indah Lampung Company (PT. BNIL). After the company occupied the land, there were serious threats and intimidation for the farmers to sell their land. Under the current regime, the police and the government failed to help find a solution for the farmers. The problem is still ongoing. The farmers and the local community remain unprotected.

CASE NARRATIVE:

On September 2016, approximately 2000 farmers in Tulang Bawang, Lampung province conducted a protest and occupied the PT. BNIL plantation. Previously, the land belonged to the farmers before it was forcibly occupied by PT. BNIL in 1993. The PT. BNIL, together with the military and police, forced the local farmers and community to sell their lands to the PT. BNIL, amounting to IDR. 100.000.

After the company forcibly occupied the land, farmers and community members finally demanded and reclaimed their property. In the interim, nine farmers are victims of human rights violations, through attacks and illegal arrest. On October 2, 2016, farmers and community were provoked by thugs. And they fought back. Many motorcycles and cars belonging to the PT.BNIL were destroyed by farmers and community members.

The Lampung regional police office (Polda Lampung) deployed four companies of troops to attack the people who were occupying the land. Twelve farmers and activists, who accompanied the residents, were arrested.

On October 11, Sugianto, an activist and advocate of the case, along with three farmers came to Jakarta, arriving at 07.00 pm local time. They visited the KPRI’s office (Social Services Organization) in Mampang Prapatan IV.

After dinner, at a shop near the KPRI`s secretariat, two farmers from Tulang bawang returned to Lampung. Sugianto and one farmer stayed in the KPRI’s secretariat. Conditions were crowded, full of people having regular meetings. Sugianto and the farmer went to the second floor.

Sugianto was sleeping on the second floor of the KPRI`s office. At midnight he was arrested by the police. The one farmer was not arrested. People who witnessed the arrest were Sastro, Dadan, Deni, Irwan, Yayan, Rozi. At 02:30 am local time, the police returned to the secretariat to get a bag belonging to Sugianto. Inside the bag there was a laptop and two mobile phones.

SUGGESTED ACTION:

Please write the authorities listed below, asking them to ensure that the land occupied by the Bangun Nusa Indah Lampung Company (PT. BNIL) must be audited properly and a proper mechanism set up to solve the on-going problem. Any form of criminalization and illegal arrest must be stopped, farmers and activists who are still detained must be released.

The AHRC will write a separate letter to the UN Special Rapporteur on the Right to Food and Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression calling for their intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ………………..,

INDONESIA : Tulang Bawang farmers reclaim their land but face fabricated charges

Name of victims : Sugianto, farmers, community in Tulang Bawang Lampung
Names of alleged perpetrators : the Bangun Nusa Indah Lampung Company (PT. BNIL) and
the Police 
Date of incident : Between September 2016 and October 2016
Place of incident : Tulang Bawang Lampung and Jakarta

I am writing to voice my deep concern regarding land grabbing and a fabricated case against local farmers in Tulang Bawang, Lampung. The farmers and local community have been struggling to reclaim their lands since 1993, which were forcibly occupied by the Bangun Nusa Indah Lampung Company (PT. BNIL). After the company occupied the land, there were serious threats and intimidation for the farmers to sell their land. Under the current regime, the police and the government failed to help find a solution for the farmers. The problem is still ongoing. The farmers and the local community remain unprotected.

On September 2016, approximately 2000 farmers in Tulang Bawang, Lampung province conducted a protest and occupied the PT. BNIL plantation. Previously, the land belonged to the farmers before it was forcibly occupied by PT. BNIL in 1993. The PT. BNIL, together with the military and police, forced the local farmers and community to sell their lands to the PT. BNIL, amounting to IDR. 100.000.

After the company forcibly occupied the land, farmers and community members finally demanded and reclaimed their property. In the interim, nine farmers are victims of human rights violations, through attacks and illegal arrest. On October 2, 2016, farmers and community were provoked by thugs. And they fought back. Many motorcycles and cars belonging to the PT.BNIL were destroyed by farmers and community members.

The Lampung regional police office (Polda Lampung) deployed four companies of troops to attack the people who were occupying the land. Twelve farmers and activists, who accompanied the residents, were arrested.

On October 11, Sugianto, an activist and advocate of the case, along with three farmers came to Jakarta, arriving at 07.00 pm local time. They visited the KPRI’s office (Social Services Organization) in Mampang Prapatan IV.

After dinner, at a shop near the KPRI`s secretariat, two farmers from Tulang bawang returned to Lampung. Sugianto and one farmer stayed in the KPRI’s secretariat. Conditions were crowded, full of people having regular meetings. Sugianto and the farmer went to the second floor.

Sugianto was sleeping on the second floor of the KPRI`s office. At midnight he was arrested by the police. The one farmer was not arrested. People who witnessed the arrest were Sastro, Dadan, Deni, Irwan, Yayan, Rozi. At 02:30 am local time, the police returned to the secretariat to get a bag belonging to Sugianto. Inside the bag there was a laptop and two mobile phones.

Therefore, I respectfully request you to ensure that the land occupied by the Bangun Nusa Indah Lampung Company (PT. BNIL) must be audited properly and a proper mechanism set up by the government to solve the on-going problem. Any form of criminalization and illegal arrest should be stopped, farmers and activists still being detained must be released.

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
Jalan Jenderal Gatot Subroto, 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)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-145-2016
Countries : Indonesia,
Issues : Administration of justice, Right to fair trial, Right to remedy,