Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding a fabricated case against Mr. Heri Budiawan. He is known as Budi Pego, a villager of Sumber Agung village, Banyuwangi, East Java Province. Budi took an active part in advocacy efforts for a safe and protected environment for Tumpang Pitu, Banyuwangi Regency. Budi was charged with Law No. 27 of 1999 on the revision of the Criminal Law related to crimes against the State. In Article 107 a, it states that “Anyone who publicly violates the law with oral, written and/or through any media, disseminates or teaches Communism/Marxism-Leninism in any kind of forms is punishable by a maximum of 12 (twelve) years imprisonment.” The Police accused Budi of putting a Communist logo on the banner which was displayed to reject the gold mining company in Tumpang Pitu, Banyuwangi Regency.
UPDATED INFORMATION:
On Monday 4 September 2017, Mr. Heri Budiawan was officially detained by the Public Prosecutor of Banyuwangi Regency. It was related to the allegation that he displayed a banner with a logo similar to the Communist symbol of a hammer and sickle. On 4 April 2017, the logo suddenly appeared when villagers of Sumber Agung village displayed banners rejecting the Tumpang Pitu mining company and urging protection of the environment.
Detention of Mr. Budi Pego constitutes a criminal act by the mining company in its efforts to stop any rejection of the gold mining company operated by Bumi Suksesindo Company / PT.BSI and Damai Suksesindo Company / PT. DSI in Tumpang Pitu, Banyuwangi Regency. Following are strong indicators of this criminal act against Mr. Budi Pego:
First: witnesses and evidence show that the villagers never placed any Communistic Logo on the banners. When the villagers made their 11 banners, Police Officers were present. This means that if the villagers made or produced anything illegal, the Police officers would have arrested and detained the villagers immediately. But this never happened.
Second: the eleven banners were displayed in public areas, and the villagers know that none of the banners had a Communistic Logo. However, a banner with the forbidden logo suddenly appeared during a peaceful protest conducted by villagers. The villagers only became aware of this when Police Officers showed photos of banners with the Communistic logo. They stated that the banner photos taken by the Police and produced as evidence were not banners belonging to the villagers. They believe that the evidence is fabricated, as they know their own banners very well—having made them.
Third: as of now, the villagers cannot access the illegal banners anymore; the Police have refused to put the banners on display for the general public to see.
Fourth: allegations and evidence against Budi Pego regarding dissemination of Marxism and Leninism ideology to the villagers is very weak; the Police did not produce the original illegal banners. Not one villager affirmed that there was a Communistic Logo on the banners they displayed during their peaceful protest against the gold mining company.
ADDITIONAL INFORMATION:
Criminal charges, against villagers and environmental activists who advocated the protection of a healthy environmental, are still being lodged. They have become a tool to intimidate and stop any advocacy efforts related to environmental damages due to massive legal and illegal mining exploitation.
In the case of the Tumpang Pitu gold mining company, there have been five cases of criminal actions laid 11 villagers involved in the advocacy for a safe environment. Criminal charges against the Sumberagung villagers and villagers around the area must be dropped. Clearly, they are advocates of a healthy environment and raised the call for environmental protection. All criminal charges against them must be ended. This is regulated, under Law No. 32 of 1999, on Environmental Protection. Article 66 clearly states that “Everybody struggling for the right to a proper and healthy environment may not be charged with a criminal or civil offense.”
SUGGESTED ACTION:
Please write to the Authorities listed below. Ask them to ensure that all criminal charges against Mr. Heri Budiawan, known Budi Pego, a villager of Sumber Agung village, Banyuwangi, East Java Province, be stopped. The Government, in particular the Minister of Energy and Mineral Resources should ensure that transparent and independent audits be conducted on Bumi Suksesindo Company (PT. Bumi Suksesindo/PT BSI) and Damai Suksesindo Company/PT. Damai Suksesindo/PT DSI. Government should promote, protect and guarantee the right to a healthy environment of the local community in Sumberagung and the surrounding villages.
The AHRC will write separate letters to: the UN Special Rapporteur on the Right to Food and the Independent Expert on the issue of human rights obligations. They will relate to the enjoyment of a safe, clean, healthy and sustainable environment by calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Tumpang Pitu villager in mining operations is the victim of a fabricated case
Name of victim : Mr. Heri Budiawan, known as Budi Pego
Names of alleged perpetrators: Bumi Suksesindo Company (PT. Bumi Suksesindo/PT BSI) and Damai Suksesindo Company/PT. Damai Suksesindo/PT DSI
Date of incident : Monday 4 September 2017
Place of incident : Tumpang Pitu, Sumber Agung Village, Banyuwangi, East Java Province
I am writing to voice my deep concern regarding a fabricated case against Mr. Heri Budiawan. He is known as Budi Pego, a villager of Sumber Agung village, Banyuwangi, East Java Province. Budi took an active part in advocacy efforts for a safe and protected environment for Tumpang Pitu, Banyuwangi Regency.
Budi was charged with Law No. 27 of 1999 on the revision of the Criminal Law related to crimes against the State. In Article 107 a, it states that “Anyone who publicly violates the law with oral, written and/or through any media, disseminates or teaches Communism/Marxism-Leninism in any kind of forms is punishable by a maximum of 12 (twelve) years imprisonment.” The Police accused Budi of putting a Communist logo on the banner which was displayed to reject the gold mining company in Tumpang Pitu, Banyuwangi Regency.
On Monday 4 September 2017, Mr. Heri Budiawan was officially detained by the Public Prosecutor of Banyuwangi Regency. It was related to the allegation that he displayed a banner with a logo similar to the Communist symbol of a hammer and sickle. On 4 April 2017, the logo suddenly appeared when villagers of Sumber Agung village displayed banners rejecting the Tumpang Pitu mining company and urging protection of the environment.
Detention of Mr. Budi Pego constitutes a criminal act by the mining company in its efforts to stop any rejection of the gold mining company operated by Bumi Suksesindo Company / PT.BSI and Damai Suksesindo Company / PT. DSI in Tumpang Pitu, Banyuwangi Regency. Following are strong indicators of this criminal act against Mr. Budi Pego:
First: witnesses and evidence show that the villagers never placed any Communistic Logo on the banners. When the villagers made their 11 banners, Police Officers were present. This means that if the villagers made or produced anything illegal, the Police officers would have arrested and detained the villagers immediately. But this never happened.
Second: the eleven banners were displayed in public areas, and the villagers know that none of the banners had a Communistic Logo. However, a banner with the forbidden logo suddenly appeared during a peaceful protest conducted by villagers. The villagers only became aware of this when Police Officers showed photos of banners with the Communistic logo. They stated that the banner photos taken by the Police and produced as evidence were not banners belonging to the villagers. They believe that the evidence is fabricated, as they know their own banners very well—having made them.
Third: as of now, the villagers cannot access the illegal banners anymore; the Police have refused to put the banners on display for the general public to see.
Fourth: allegations and evidence against Budi Pego regarding dissemination of Marxism and Leninism ideology to the villagers is very weak; the Police did not produce the original illegal banners. Not one villager affirmed that there was a Communistic Logo on the banners they displayed during their peaceful protest against the gold mining company.
Criminal charges, against villagers and environmental activists who advocated the protection of a healthy environmental, are still being lodged. They have become a tool to intimidate and stop any advocacy efforts related to environmental damages due to massive legal and illegal mining exploitation.
In the case of the Tumpang Pitu gold mining company, there have been five cases of criminal actions laid 11 villagers involved in the advocacy for a safe environment. Criminal charges against the Sumberagung villagers and villagers around the area must be dropped. Clearly, they are advocates of a healthy environment and raised the call for environmental protection. All criminal charges against them must be ended. This is regulated, under Law No. 32 of 1999, on Environmental Protection. Article 66 clearly states that “Everybody struggling for the right to a proper and healthy environment may not be charged with a criminal or civil offense.”
Therefore, I respectfully request you see that all criminal charges against Mr. Heri Budiawan, known Budi Pego, a villager of Sumber Agung illage, Banyuwangi, East Java Province, are dropped. The Government, in particular the Minister of Energy and Mineral Resources should ensure that transparent and independent audits be conducted on the Bumi Suksesindo Company (PT. Bumi Suksesindo/PT BSI) and the Damai Suksesindo Company/PT. Damai Suksesindo/PT DSI. Government should promote, protect and guarantee the right to a healthy environment for the local community in Sumberagung and the surrounding villages.
I look forward to your prompt action in this case.
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. Ignatius 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
Jalan Jenderal Gato Subroto, 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. Mr. Nur Kholis
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)
