Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from Mining Advocacy Network (Jatam), a human rights organization in East Kalimantan province, about a teenager drowning in a mining hole left by the Gunung Bayan Pratama Coal Company. Reluctant to investigate the case, the local police have argued that the death falls within the scope of crime by accusation, requiring the victim’s family to file a police report, without which the police cannot investigate. According to the Indonesian Penal Code (KUHP) however, the teenager’s death clearly falls within the scope of non accusation crime, and the police should investigate the case with or without a report from the victim’s family.
CASE NARRATIVE: (chronology based on the Mining Advocacy Network)
On June 25, Novita Sari (18), a student of a state vocational school (SMK) in Barong Tongkok, drowned in a mining hole owned by Gunung Bayan Pratama Coal Company (PT Gunung Bayan Pratama Coal) in Belusuh Village, Siluq Nurai Sub-district, West Kutai regent, East Kalimantan province. Novita’s death makes the total number of victims drowning in the coal pit 28.
Before her death, Novita Sari and her two friends planned to spend their Eid holiday in Kem Baru zoo. When they reached the place however, they found the zoo has been moved to Batu Kajang, Paser regent. Having reached Kem Baru, they tried to think of other places to visit in the area, and finally thought to visit the coal mining hole in Kem Baru owned by the Gunung Bayan Pratama Coal Company. The mining hole, roughly covering the area of three football fields, with a depth of 35 meters, and full of water, was abandoned by the Gunung Bayan Paratama Coal Company, without any fence or board with a warning announcement. Between Muara Tae village and Belusuh village only 14 km away, there are six mining holes left by the company. Even the government mining agency of East Kalimantan province stated that the company has left as many as 35 gaping holes without any effort to close them.
According to East Kalimantan Advocacy Network, the distance between the mining pit and the villages are merely 100 meters, whereas Law Number 4 of 2012 requires there to be a distance of 500 meters between mining activity and the nearest village or community. In addition, according to Government Regulation number 78 of 2010 concerning reclamation and post-mining, the mining company is obligated to undertake reclamation after finishing mining activities within 30 days.
After the death of Novita Sari, the Gunung Bayan Paratama Coal Company has given money to her family. There are allegations that the money was given to avoid prosecution, which is why the family made no report to the police of Novita’s death. Since the local anti mining group reported the case to the police and the local government, there has been no proper investigation undertaken into the case. In such cases, the local government tends to avoid any examination and evaluation of these companies. The absence of prosecution in such cases contributes to the repetition of similar crimes.
ADDITIONAL COMMENTS:
The Indonesian police are unwilling to protect local community and indigenous people from the expansion of mining companies that frequently contribute to the environmental damages and breach of the mining and environmental laws.
Besides the deadly mining pits, the Gunung Bayan Pratama Coal company have another mining consession of 23,055 hectares. Further, Gunung Bayan Pratama Coal Company also conducted land confiscation against indigenous people’s land in Muara Tae in 1999. Likewise, the company’s activities in conducting conveyance of coal using barges had hit six resident’s houses in Benua Puhun village, Kota Bangun sub-district, Kutai Kertanegara regent.
Two other companies under Bayan Resources, namely T Bara Tabang company and Fajar Sakti Prima company are also still operating their mining businesses, such as transporting coal through the Kedang Kepala River in Muara Kaman sub-district. Their mining operation area is part of peat-land conservation area, and also affects fishermen’s livelihoods. In addition, the mining also threatened endemic home of dolphins.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that law enforcement is conducted under fair trial principles. Investigation should be conducted in a transparent and accountable manner. The Gunung Bayan Pratama Coal Company (PT Gunung Bayan Pratama Coal) should be held accountable before the court. In addition, the company should be made to close the coal pits after completing its mining activities.
The Kukar acting regent and East Kalimantan governor should declare an emergency situation on mining holes and conduct audits on all mines in East Kalimantan province, to ensure that no laws are being breached and no destruction of the environment is occurring.
The AHRC will write a separate letter to the UN Working Group on the issue of human rights and transnational corporations and other business enterprises and also Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA : Police reluctant to investigate case of teenager drowning in mining hole
Name of victims : Novita Sari (18)
Names of alleged perpetrators : Gunung Bayan Pratama Coal Company
(PT Gunung Bayan Pratama Coal)
Date of incident : June 25, 2017
Place of incident : in Belusuh Village, Siluq Nurai Sub-district, West Kutai regent, East Kalimantan province, Indonesia
I am writing to voice my deep concern regarding a teenager drowning in a mining hole left by the Gunung Bayan Pratama Coal Company. Reluctant to investigate the case, the local police have argued that the death falls within the scope of crime by accusation, requiring the victim’s family to file a police report, without which the police cannot investigate. According to the Indonesian Penal Code (KUHP) however, the teenager’s death clearly falls within the scope of non accusation crime, and the police should investigate the case with or without a report from the victim’s family.
On June 25, Novita Sari (18), a student of a state vocational school (SMK) in Barong Tongkok, drowned in a mining hole owned by Gunung Bayan Pratama Coal Company (PT Gunung Bayan Pratama Coal) in Belusuh Village, Siluq Nurai Sub-district, West Kutai regent, East Kalimantan province. Novita’s death makes the total number of victims drowning in the coal pit 28.
Before her death, Novita Sari and her two friends planned to spend their Eid holiday in Kem Baru zoo. When they reached the place however, they found the zoo has been moved to Batu Kajang, Paser regent. Having reached Kem Baru, they tried to think of other places to visit in the area, and finally thought to visit the coal mining hole in Kem Baru owned by the Gunung Bayan Pratama Coal Company. The mining hole, roughly covering the area of three football fields, with a depth of 35 meters, and full of water, was abandoned by the Gunung Bayan Paratama Coal Company, without any fence or board with a warning announcement. Between Muara Tae village and Belusuh village only 14 km away, there are six mining holes left by the company. Even the government mining agency of East Kalimantan province stated that the company has left as many as 35 gaping holes without any effort to close them.
According to East Kalimantan Advocacy Network, the distance between the mining pit and the villages are merely 100 meters, whereas Law Number 4 of 2012 requires there to be a distance of 500 meters between mining activity and the nearest village or community. In addition, according to Government Regulation number 78 of 2010 concerning reclamation and post-mining, the mining company is obligated to undertake reclamation after finishing mining activities within 30 days.
After the death of Novita Sari, the Gunung Bayan Paratama Coal Company has given money to her family. There are allegations that the money was given to avoid prosecution, which is why the family made no report to the police of Novita’s death. Since the local anti mining group reported the case to the police and the local government, there has been no proper investigation undertaken into the case. In such cases, the local government tends to avoid any examination and evaluation of these companies. The absence of prosecution in such cases contributes to the repetition of similar crimes.
The Indonesian police are unwilling to protect local community and indigenous people from the expansion of mining companies that frequently contribute to the environmental damages and breach of the mining and environmental laws.
Besides the deadly mining pits, the Gunung Bayan Pratama Coal company have another mining consession of 23,055 hectares. Further, Gunung Bayan Pratama Coal Company also conducted land confiscation against indigenous people’s land in Muara Tae in 1999. Likewise, the company’s activities in conducting conveyance of coal using barges had hit six resident’s houses in Benua Puhun village, Kota Bangun sub-district, Kutai Kertanegara regent.
Two other companies under Bayan Resources, namely T Bara Tabang company and Fajar Sakti Prima company are also still operating their mining businesses, such as transporting coal through the Kedang Kepala River in Muara Kaman sub-district. Their mining operation area is part of peat-land conservation area, and also affects fishermen’s livelihoods. In addition, the mining also threatened endemic home of dolphins.
Therefore, I respectfully request you to ensure that law enforcement is conducted under fair trial principles. Investigation should be conducted in a transparent and accountable manner. The Gunung Bayan Pratama Coal Company (PT Gunung Bayan Pratama Coal) should be held accountable before the court. In addition, the company should be made to close the coal pits after completing its mining activities.
The Kukar acting regent and East Kalimantan governor should declare an emergency situation on mining holes and conduct audits on all mines in East Kalimantan province, to ensure that no laws are being breached and no destruction of the environment is occurring.
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. H. Bambang Soesatyo, S.E., M.B.A
Chairperson of the Commission III of The House of Representative
KetuaKomisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Tel: +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax: +62 21 5715566
7. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557
8. 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
09. Mr. MahfudzSiddiq
Chairperson of the Commission one of the House of Representative [DPR]
Gedung Nusantara II DPR RI, 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
10. 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)
