Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from our partner in East Java, the Commission for the Disappeared and Victims of Violence (KontraS), Surabaya office, regarding criminalization against Sumberagung villagers. Due to their advocacy against mining, they have been falsely charged with crimes against the state and circulating Communist symbols.
CASE NARRATIVE:
Protests against mining operations in Tumpang Pitu, Banyuwangi, East Java province has led to security forces committing violence and criminalization against villagers.
On 4 April 2017, local residents of Sumberagung village displayed banners of “reject mining” around Merah-Sumberagung island beach until sub-district office of Pesanggaran. The next day, on April 5, the police and military publicly informed that there is a logo of sickle and hammer (Communist logo) on the banner.
Subsequently, four villagers have been charged with Law No. 27 of 1999 on crimes against the State. Article 107 states, “Anyone who publicly violates the law with oral, written and / or through any media, disseminates or teach Communism/Marxism-Leninism in any kind of forms is punishable by a maximum 12 (twelve) years imprisonment.”
The local community believes that the accusation is a way to weaken their fight against the mining company.
On July 26, one of the accused villagers, Mr. Budi Setiawan alias Budi Pego was summoned and examined by the Banyuwangi Police Resort (Polres Banyuwangi). According to Advocacy Team for Agrarian Sovereignty (Tekad Garuda), a civil society coalition advocating for the environment and against mining, the criminalization against the villagers is part of the mining company’s effort to distract the community’s anti-mining protests.
The expansion of extractive industry along East Java’s south coast has significantly increased social and ecological crises. In the case of Tumpang Pitu, mining operations conducted by Bumi Suksesindo Company (PT. Bumi Suksesindo/PT BSI) and Damai Suksesindo Company/PT. Damai Suksesindo/PT DSI) started in 2012. Since then, various socio-ecological crises and a number of issues of people’s living space safety can be seen in five villages: Sumberagung village, Pesanggaran villagge, Sumbermulyo village, Kandangan village, and Sarongan village. One of the bad experiences faced by residents in and around Sumberagung, is the mud disaster that occurred in August 2016.
Besides damaging most of the farming area belonging to the local community, the mud disaster also destroyed the coastal area in Merah island. Some species of shellfish, fish and some other marine biota begin to disappear from the coast of Sumberagung and surrounding areas. Also, a number of animals, such as monkeys and antelope, began to descend into the villagers’ farms because of the destruction of their habitat. Some wells belonging to residents are also allegedly polluted.
The economic impact of this damage is felt in the income of fishermen, farmers and tourism activities of Sumberagung and surrounding villages. Tumpang Pitu hill is a very important area for local community in Sumberagung village and surrounding villages. In addition to functioning as a fountain center capable of meeting the needs of agriculture and household consumption, the area is also historically known for its medicinal plants.
In 2016, the government established mining in Tumpang Pitu as a National Vital Object through the Ministerial Decree No. 631 K / 30 / MEM / 2016.
ADDITIONAL COMMENTS:
Criminal charges against Sumberagung villagers and villagers around must be stopped, because clearly they advocated for a healthy and protected environment. As regulated under Law No. 32 of 1999 on Environmental Protection, article 66, “Everybody struggling for a right to proper and healthy environment may not be charged with criminal or civil offense.”
Further, Indonesia is a State party to the International Covenant on Economic, Social and Cultural Rights (ICESCR), through the enactment of Law Number 11 of 2005. Therefore, the government should uphold its commitments to the Covenant, and should not produce any national regulation in contradiction to the Covenant.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that any form of criminal charges against Sumberagung villagers and surrounding villagers must be dropped. The government, in particular the Minister of Energy and Mineral Resources, should ensure that a transparent and independent audit is conducted over Bumi Suksesindo Company (PT. Bumi Suksesindo/PT BSI) and Damai Suksesindo Company/PT. Damai Suksesindo/PT DSI. The government should ensure that the villagers’ right to a healthy environment is protected.
The AHRC will write a separate letter to the UN Special Rapporteur on the Right to Food and the Independent Expert 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 : Mining operations in Tumpang Pitu result in environmental damage and fabricated charges
Name of victims : Mr. Budi Setiawan alias Budi Pego and villagers in Sumberagung village, Banyuwangi, East Java province
Names of alleged perpetrators : Bumi Suksesindo Company (PT. Bumi Suksesindo/PT BSI) and Damai Suksesindo Company/PT. Damai Suksesindo/PT DSI
Date of incident :April 2017 until present
Place of incident : Tumpang Pitu, Banyuwangi regent, East Java province
I am writing to voice my deep concern regarding criminalization against Sumberagung villagers. Due to their advocacy against mining, they have been falsely charged with crimes against the state and circulating Communist symbols.
Protests against mining operations in Tumpang Pitu, Banyuwangi, East Java province has led to security forces committing violence and criminalization against villagers.
On 4 April 2017, local residents of Sumberagung village displayed banners of “reject mining” around Merah-Sumberagung island beach until sub-district office of Pesanggaran. The next day, on April 5, the police and military publicly informed that there is a logo of sickle and hammer (Communist logo) on the banner.
Subsequently, four villagers have been charged with Law No. 27 of 1999 on crimes against the State. Article 107 states, “Anyone who publicly violates the law with oral, written and / or through any media, disseminates or teach Communism/Marxism-Leninism in any kind of forms is punishable by a maximum 12 (twelve) years imprisonment.”
The local community believes that the accusation is a way to weaken their fight against the mining company.
On July 26, one of the accused villagers, Mr. Budi Setiawan alias Budi Pego was summoned and examined by the Banyuwangi Police Resort (Polres Banyuwangi). According to Advocacy Team for Agrarian Sovereignty (Tekad Garuda), a civil society coalition advocating for the environment and against mining, the criminalization against the villagers is part of the mining company’s effort to distract the community’s anti-mining protests.
The expansion of extractive industry along East Java’s south coast has significantly increased social and ecological crises. In the case of Tumpang Pitu, mining operations conducted by Bumi Suksesindo Company (PT. Bumi Suksesindo/PT BSI) and Damai Suksesindo Company/PT. Damai Suksesindo/PT DSI) started in 2012. Since then, various socio-ecological crises and a number of issues of people’s living space safety can be seen in five villages: Sumberagung village, Pesanggaran villagge, Sumbermulyo village, Kandangan village, and Sarongan village. One of the bad experiences faced by residents in and around Sumberagung, is the mud disaster that occurred in August 2016.
Besides damaging most of the farming area belonging to the local community, the mud disaster also destroyed the coastal area in Merah island. Some species of shellfish, fish and some other marine biota begin to disappear from the coast of Sumberagung and surrounding areas. Also, a number of animals, such as monkeys and antelope, began to descend into the villagers’ farms because of the destruction of their habitat. Some wells belonging to residents are also allegedly polluted.
The economic impact of this damage is felt in the income of fishermen, farmers and tourism activities of Sumberagung and surrounding villages. Tumpang Pitu hill is a very important area for local community in Sumberagung village and surrounding villages. In addition to functioning as a fountain center capable of meeting the needs of agriculture and household consumption, the area is also historically known for its medicinal plants.
In 2016, the government established mining in Tumpang Pitu as a National Vital Object through the Ministerial Decree No. 631 K / 30 / MEM / 2016.
Criminal charges against Sumberagung villagers and villagers around must be stopped, because clearly they advocated for a healthy and protected environment. As regulated under Law No. 32 of 1999 on Environmental Protection, article 66, “Everybody struggling for a right to proper and healthy environment may not be charged with criminal or civil offense.”
Further, Indonesia is a State party to the International Covenant on Economic, Social and Cultural Rights (ICESCR), through the enactment of Law Number 11 of 2005. Therefore, the government should uphold its commitments to the Covenant, and should not produce any national regulation in contradiction to the Covenant.
Therefore, I respectfully request you to ensure that any form of criminal charges against Sumberagung villagers and surrounding villagers must be dropped. The government, in particular the Minister of Energy and Mineral Resources, should ensure that a transparent and independent audit is conducted over Bumi Suksesindo Company (PT. Bumi Suksesindo/PT BSI) and Damai Suksesindo Company/PT. Damai Suksesindo/PT DSI. The government should ensure that the villagers’ right to a healthy environment 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. Mr. Ignasius Jonan
Minister of Energy and Mineral Resources
Jalan Medan Merdeka Selatan No 18 Jakarta Pusat 10110
Phone : +62 21 3804242
Fax : +62 21 3507210
5. 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
6. 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
7. 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
8. 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
9. 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
10. 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
11. 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)
