Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from Makassar Legal Aid (LBH Makassar) regarding the criminal action against 13 farmers in Bulu Ballea, Pattapang village, Tinggimoncong sub-district, Gowa regent, South Sulawesi province. The farmers are being accused of illegally occupying land by the Social Forestry and Environmental Partnerships (PSKL), despite it being their land historically. The police failed to neutrally enforce the law, and instead are siding with the PSKL against the farmers.
CASE NARRATIVE: (based on the report by Makassar Legal Aid)
On 2 February 2017, 13 members of the Bonto Ganjeng Farmers Association were reported to the police by Mr. Abdul Rahman Hamid Dg. Serang. Registered with number LP.B/100/II/2017/SPKT Res. Gowa, the report accused the farmers on behalf of Social Forestry and Environmental Partnerships (PSKL) of violence against property and plants belonging to the PSKL. They were accused under articles 167 and 170 of the Indonesian Penal Code (KUHP), which has a maximum sentence of seven years.
Although the legal status of the 13 farmers at present is as witnesses, there is a strong possibility that the police investigators will soon name then as suspects. This is in accordance with the Indonesian Criminal Procedure (KUHAP), where persons examined by the police are first named as witnesses, then as suspects.
While the local farmers do not have any land certificate, the land belonged to their parents and grandparents. The PSKL meanwhile, merely borrowed the land through the Sutra Alam project, with an agreement that the farmers could continue working on their land, but should plant whatever is requested by the Sutra Alam project. The farmers are also employed as drivers and security.
The Sutra Alam Project only utilized the land for some three years, while for the last 30 years the land was abandoned by the project. Therefore the farmers utilized the land to plant vegetables and other horticulture.
According to Makassar Legal Aid, which provided legal assistance to the farmers, the police investigators questioned the farmers based on hypothesis and theory, which is prohibited by law; questions should only be based on facts. Similarly, when farmers gave testimony based on their experience and facts, the investigators termed the testimony false based on their hypothetical assumptions. For instance, when one farmer, Mr. Linrung, testified that he planted vegetables on the sidelines of the mulberry plants, the investigators assumed that it was impossible for the plants to grow on the sidelines of the mulberry plant, and accused him of giving false testimony. Mr. Linrung then told the police investigator, “If you do not believe, please come to my garden.”
According to Mr. Linrung, he only partially cuts the mulberry stems and leaves the lower half of the rootstock. The top of the trimmed plant is then discarded and now dried up cannot grow up anymore, but the bottom will re-emerge the buds and grow up. However, the investigator constructed his own hypothesis without considering the testimony that the trimmed mulberry plant could not grow up anymore.
The public lawyer of Makassar Legal Aid asked the investigator to include the additional information in accordance with the facts experienced by Mr. Linrung. Until now, the Gowa Police office merely examined two farmers, Mr. Linrung and Mr.Yahya, whereas 11 farmers are waiting for the next examination process.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that law enforcement is conducted under fair trial principles. The police should be more professional in investigating and mediating the case. The police should avoid fabricated evidence and stop any form of criminalization against the farmers.
Further, the government should be consistent with its land reform program, and ensure that the right to land of the farmers is protected.
The AHRC will write a separate letter to the UN Special Rapporteur on the Right to Food
calling for his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA : Farmers criminalized by police for reclaiming their land
Name of victims : Thirteen members of Bonto Ganjeng Farmers Association Names of alleged perpetrators : Mr. Abdul Rahman Hamid Dg. Serang on behalf of Social Forestry and Environmental Partnerships (PSKL)
Date of incident : 7 February 2017
Place of incident : Bulu Ballea, Pattapang village, Tinggimoncong sub-district, Gowa regent, South Sulawesi province, Indonesia
I am writing to voice my deep concern regarding the criminal action against 13 farmers in Bulu Ballea, Pattapang village, Tinggimoncong sub-district, Gowa regent, South Sulawesi province. The farmers are being accused of illegally occupying land by the Social Forestry and Environmental Partnerships (PSKL), despite it being their land historically. The police failed to neutrally enforce the law, and instead are siding with the PSKL against the farmers.
On 2 February 2017, 13 members of the Bonto Ganjeng Farmers Association were reported to the police by Mr. Abdul Rahman Hamid Dg. Serang. Registered with number LP.B/100/II/2017/SPKT Res. Gowa, the report accused the farmers on behalf of Social Forestry and Environmental Partnerships (PSKL) of violence against property and plants belonging to the PSKL. They were accused under articles 167 and 170 of the Indonesian Penal Code (KUHP), which has a maximum sentence of seven years.
Although the legal status of the 13 farmers at present is as witnesses, there is a strong possibility that the police investigators will soon name then as suspects. This is in accordance with the Indonesian Criminal Procedure (KUHAP), where persons examined by the police are first named as witnesses, then as suspects.
While the local farmers do not have any land certificate, the land belonged to their parents and grandparents. The PSKL meanwhile, merely borrowed the land through the Sutra Alam project, with an agreement that the farmers could continue working on their land, but should plant whatever is requested by the Sutra Alam project. The farmers are also employed as drivers and security.
The Sutra Alam Project only utilized the land for some three years, while for the last 30 years the land was abandoned by the project. Therefore the farmers utilized the land to plant vegetables and other horticulture.
According to Makassar Legal Aid, which provided legal assistance to the farmers, the police investigators questioned the farmers based on hypothesis and theory, which is prohibited by law; questions should only be based on facts. Similarly, when farmers gave testimony based on their experience and facts, the investigators termed the testimony false based on their hypothetical assumptions. For instance, when one farmer, Mr. Linrung, testified that he planted vegetables on the sidelines of the mulberry plants, the investigators assumed that it was impossible for the plants to grow on the sidelines of the mulberry plant, and accused him of giving false testimony. Mr. Linrung then told the police investigator, “If you do not believe, please come to my garden.”
According to Mr. Linrung, he only partially cuts the mulberry stems and leaves the lower half of the rootstock. The top of the trimmed plant is then discarded and now dried up cannot grow up anymore, but the bottom will re-emerge the buds and grow up. However, the investigator constructed his own hypothesis without considering the testimony that the trimmed mulberry plant could not grow up anymore.
The public lawyer of Makassar Legal Aid asked the investigator to include the additional information in accordance with the facts experienced by Mr. Linrung. Until now, the Gowa Police office merely examined two farmers, Mr. Linrung and Mr.Yahya, whereas 11 farmers are waiting for the next examination process.
Therefore, I respectfully request you to ensure that law enforcement is conducted under fair trial principles. The police should be more professional in investigating and mediating the case. The police should avoid fabricated evidence and stop any form of criminalization against the farmers.
Further, the government should be consistent with its land reform program, and ensure that the right to land of the farmers is protected.
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. 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
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)
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
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)
