Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding criminal charges brought against Grandma Asyani [63]. She allegedly stole teak wood belonging to the state forestry company, PT. Perhutani. Asyani is being tried in Situbondo District Court, East Java Province, Indonesia, and indicted for violating Law No. 18 of 2013 on Forest Damage Prevention and Phase-Out. Her trial has made national headlines, while on the other side the Minister of Law and Human Rights is considering sentence remissions for government officials convicted on corruption cases.
CASE NARRATIVE:
Asyani is a poor, sixty-three old Grandma, living in Secangan Village, Jatibanteng District, Situbondo Regency, East Java Province, Indonesia.
On July 14, 2014, officers of PT Perhutani conducted a search and found two pieces of teak wood which allegedly had been stolen in the area of their company. Subsequently, they filed a report with the Jatibanteng Police. As a result, PT. Perhutani staff and police officers conducted a joint sweeping operation to arrest a suspect.
They found the alleged suspect, Mr. Cipto, whose nick name is Mr. Pit. He keeps teak wood in his place of business. Cipto made a statement that the teak wood belonged to Grandma Asyani.
Asyani was reported to the Jatibanteng Police by a number of forest rangers and she was arrested on December 15, 2014. Besides Asyani, three others were arrested. They were her son-in-law, Ruslan; the pick-up owner, Abdussalam; and a carpenter, Sucipto.
PT. Perhutani claimed the teak found in Asyani’s house was taken from the production forest area. Asyani refuted this claim. All the teak wood on her private property was from trees harvested from her own land.
According to Asyani’s lawyer, Mr.Supriono, the teak wood found at Asyani’s house did not have any relation to PT. Perhutani’s teak wood. He stated “the teak was brought to Asyani’s house when her late husband cut down their own trees about five years ago, when her husband was still alive.”
Asyani rejected the accusation of stealing teak wood belonging to PT. Perhutani. She had been detained since December 15, 2014 and released on March 16, 2015 due to public pressure. Despite her release, the trial process continues.
On March 26, 2015, the Public Prosecutor announced he would continue to prosecute, in spite of the fact that Asyani was not present in the Court due to her very weak condition. The Prosecutor recommended a one year imprisonment and a fine of lDR 500.000.000.
The Public Prosecutor presented thirty-eight pieces of teak wood as evidence to the Court from Petak 43 of PT Perhutani. In response, Grandma Asyani rejected the evidence and said she had never taken any teak wood from the area of PT. Perhutani. Not daunted, the Prosecutor insisted that Asyani had violated Law No 28 of 2013 on Forest Damage Prevention and Phase-Out.
The criminalization of Asyani’s charges has triggered public sympathy for her. The Indonesian Netizen group, a group of activists of social media launched “Save Nenek Asyani” through tweeter and other social media outlets. The tweeter has been following thousands of social media users.
ADDITIONAL INFORMATION:
The criminal charges laid against Asyani, is in violation of the Constitution of Republic of Indonesia 1945, article 28 D paragraph 1 “Every person shall have the right of [……] equal treatment before the law. Indonesia also has a national law, No 39 of 1999, on Human Rights; article 3 paragraph 2 states “Everyone has the right to be recognized, guaranteed, protected, and treated fairly before the law and is entitled to equal legal certitude and treatment before the law.”
Indonesia is a state party of the Covenant on Civil and Political Rights (ICCPR), with the promulgation of the National Law No. 12 of 2005, concerning Ratification of the Covenant on Civil and Political Rights. Article 26 states “All persons are equal before the law and are entitled without any discrimination to the equal protection of the law [……].”
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the prosecution of Mrs. Asyani be investigated because it constitutes a fabricated case with an unfair trial. The law must not come down so hard on the poor and allow convicted officials to be considered for sentence remission. It is hard to believe that such a case really happened in Indonesia.
The AHRC is writing separately to the UN Special Rapporteur on the Independence of judges and lawyers, and the Independent Expert on the enjoyment of all human rights by older persons.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: A Grandma Forced to Stand Trial on Minor Criminal Charges
Name of victims: Grandma Asyani, Mr. Ruslan, Mr. Abdussalam, Mr. Sucipto.
Names of alleged perpetrators: PT. Perhutani Situbondo Regency, Jatibanteng Police
Date of incident: December 15, 2014
Place of incident: Secangan Village, Jatibanteng District, Situbondo Regency, East Java Province
I am writing to voice my deep concern regarding a poor, sixty-three old Grandma being forced to stand trial on minor criminal charges.
Grandma Asyani lives in Secangan Village, Jatibanteng District, Situbondo Regency, East Java Province, Indonesia.
On July 14, 2014, the officers of PT Perhutani searched for and found two pieces of teak wood allegedly stolen in the area of the PT Perhutani Company. They filed a report with the Jatibanteng Police. As a result, PT. Perhutani staff and police officers conducted a joint sweeping operation to arrest a suspect.
The officers found the alleged suspect, Mr. Cipto, whose nick name is Mr. Pit. He keeps teak wood in his place of business. Cipto stated that the teak wood belonged to Asyani.
Asyani was reported to the Jatibanteng Police by a number or forest rangers and she was arrested on December 15, 2014. Besides Grandma Asyani, three others were also arrested. They were her son-in-law, Ruslan; the pick-up owner, Abdussalam; and the carpenter, Sucipto.
PT. Perhutani claimed the teak wood found in Asyani’s house was taken from the production forest area. Asyani refuted this claim. All teak wood on her private property are from trees harvested from her own land.
According to Asyani’s lawyer, Mr.Supriono, the teak wood found at Asyani’s house did not have any relation to PT. Perhutani’s teak wood. He stated “the teak was brought to Asyani’s house when her late husband cut down their own trees about five years ago, when her husband was still alive.”
Asyani rejected the accusation of stealing teak wood belonging to the PT. Perhutani Company. She has been detained since December 15, 2014 and released on March 16, 2015 following public pressure. Despite her release, the trial process continues.
On March 26, 2015, the Public Prosecutor announced he would continue to prosecute, despite the fact that Grandma Asyani was not present in the Court due to her very weak condition. The Prosecutor recommended a one year imprisonment and a fine of IDR 500.000.000.
The Public prosecutor presented thirty-eight pieces of teak wood as evidence to the Court Room from Petak 43 of PT Perhutani. Grandma Asyani rejected the evidence and said that she had never taken any teak wood from the area of PT. Perhutani. Not daunted, the Prosecutor insisted that Asyani had violated the Law No 28 of 2013 on Forest Damage Prevention and Phase-Out.
The criminalization of charges laid against Asyani has triggered public sympathy for her. The Indonesian Netizen group, which is a group of activists of social media, launched “Save Nenek Asyani” through tweeter and other social media outlets. The tweeter has been following thousands of social media users.
I therefore request you to urge the government of Indonesia, especially the National Commission on Human Rights and the Judicial Commission, to tightly monitor the legal process of Grandma Asyani’s case. It would be in Indonesia’s interest to consider inviting the UN Special Rapporteur to come to our country to offer his broader insights into our widespread cases of fabrication.
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. Mrs. Harkristuti Harkrisnowo
General Director of Human Rights
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. General Badroedin Haiti
Chief of National Police
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
4. Mr. Nur Kholis
Chairperson of the 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
5. Mr. Suparman Marzuki
Chairperson of The Judicial Commission
Jalan Kramat Raya No. 57 Jakarta Pusat
INDONESIA
Tel: +62 21 3905876
Fax: +62 21 3906215
Email: pengaduan@komisiyudisial.go.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
Thank you
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
