Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from a prominent human rights NGO, the Commission for the Disappeared and Victims of Violence (KontraS), Surabaya branch office. It is regarding the arbitrary arrest of 40 farmers and two university students by police officers of the Blitar police resort (Polres Blitar). All of them were arrested and interrogated without the presence of their lawyer. Eleven have been named as suspects and prosecuted before the courts.
CASE NARRATIVE:
Senggon farmers in an East Java province reclaimed their land. This included the Cultivation Right on Land (HGU certificate) belong to the Dewi Sri Company (Plantation Company) in Wlingi sub-district, East Java province. Previously, the farmers had sent letters to the President, to the National Land Agency (BPN) as well as to the Blitar regent about the land re-claiming plan. These efforts have not yet brought any results.
On October 15, 2016 the farmers reclaimed and planted the land in order to send a message that the land belongs to the farmers. The reclaiming activity was not a spontaneous activity. On October 10, the farmers had informed and submitted a written permit to the Blitar Police Resort (Polres Blitar), Blitar regent and local police sector (Polsek). These institutions recommended that the farmers plant in the area of HGU that is managed by the Dewi Sri Company.
Before planting, Mr. Slamet Darioni, a farmer community leader who led the land acquisition, made a request of the police and representative of the plantation company. He asked that they give the opening remarks. They refused the invitation. At 11 am (local time) the farmers started planting. The plantation’s security personnel prohibited the farmers from continuing and requested them to stop. And the farmers complied.
However, without any discussion or announcement, the police brought out their weapons. They ordered the farmers to move together into a group. The residents were then arrested and brought to the Blitar police resorts. The police investigators interrogated 40 farmers and two university students without the presence of their lawyer and released all of them. The police named 11 of them as suspects and the case proceeded to court. The eleven farmers, potentially, can be sentenced to three months imprisonment while Mr. Slamet Darioni potentially can be sentenced to a maximum of six years in prison.
ADDITIONAL INFORMATION:
Land conflicts contribute to the most human rights violations in Indonesia. The government has failed to provide a resolving body to settle the problem. They have also failed to implement land reform as written in the Nawacita (President Widodo’s Nine Priority Agenda Items). Despite mandated land reform, regulated under Law No. 5 of 1960 on Basic Regulation on Agrarian issues, has never been implemented. The AHRC has documented and reported similar cases on land conflicts and human rights violations against farmers. See AHRC-UAC-062-2015, AHRC-UAC-051-2012, and AHRC-UAC-010-2013.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the government of Indonesia implements the land reform agenda and stops the prosecution of the 11 Senggon Farmers. An effective mechanism needs to be developed to resolve any agrarian conflicts. Security forces should not be used in solving agrarian conflicts. Rather, the law enforcement agencies should investigate the abuse of power by police officers of the Blitar police resort. An immediate review should be conducted on the Cultivation Right on Land (HGU certificate) belonging to the Dewi Sri Company.
The AHRC will write a separate letter to the UN Special Rapporteur on the Independence of Judges and Lawyers and Chairperson Working Group. The issue is human rights and a calling for the intervention of national corporations and other business enterprises into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA : Local farmers arrested and prosecuted after reclaiming their land
Name of victims : Senggon farmers, with 11 farmers named as suspects
Names of alleged perpetrators : The Dewi Sri Company (Plantation Company)
and Blitar Police Resort (Polres Blitar)
Date of incident : 15 October 2016
Place of incident : Senggon, Blitar Regency, East Java province
I am writing to voice my deep concern regarding the arbitrary arrest of 40 farmers and two university students by police officers of the Blitar police resort (Polres Blitar). All of them were arrested and interrogated without the presence of their lawyer. Eleven have been named as suspects and prosecuted before the courts.
Senggon farmers in an East Java province reclaimed their land. This included the Cultivation Right on Land (HGU certificate) belong to the Dewi Sri Company (Plantation Company) in Wlingi sub-district, East Java province. Previously, the farmers had sent letters to the President, to the National Land Agency (BPN) as well as to the Blitar regent about the land re-claiming plan. These efforts have not yet brought any results.
On October 15, 2016 the farmers reclaimed and planted the land in order to send a message that the land belongs to the farmers. The reclaiming activity was not a spontaneous activity. On October 10, the farmers had informed and submitted a written permit to the Blitar Police Resort (Polres Blitar), Blitar regent and local police sector (Polsek). These institutions recommended that the farmers plant in the area of HGU that is managed by the Dewi Sri Company.
Before planting, Mr. Slamet Darioni, a farmer community leader who led the land acquisition, made a request of the police and representative of the plantation company. He asked that they give the opening remarks. They refused the invitation. At 11 am (local time) the farmers started planting. The plantation’s security personnel prohibited the farmers from continuing and requested them to stop. And the farmers complied.
However, without any discussion or announcement, the police brought out their weapons. They ordered the farmers to move together into a group. The residents were then arrested and brought to the Blitar police resorts. The police investigators interrogated 40 farmers and two university students without the presence of their lawyer and released all of them. The police named 11 of them as suspects and the case proceeded to court. The eleven farmers, potentially, can be sentenced to three months imprisonment while Mr. Slamet Darioni potentially can be sentenced to a maximum of six years in prison.
Therefore, I respectfully request that you ensure the government of Indonesia implements the land reform agenda, and stop prosecution of the 11 Senggon Farmers. The government should develop an effective mechanism to resolve any agrarian conflict and stop using security forces in solving agrarian conflicts.
Law enforcement agencies should investigate the abuse of power by police officers of Blitar police resort and immediately review the Cultivation Right on Land (HGU certificate) belonging to the Dewi Sri Company.
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
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)
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)
