Dear Friends,
The Asian Human Rights Commission (AHRC) has received information about the attack and intimidation of Mr. Arifin Wardiyanto, an independent environmental activist. Arifin and his family were brutally attacked in their home due to his advocacy effort to save the environment in the Merapi mountains from illegal mining operations. Arifin’s complaint regarding the mining and the attack on his home have been ignored by the police and various authorities. There are also allegations that profits from the illegal mining activities are shared with law enforcement agencies and the local government, making the operations difficult to eradicate.
CASE NARRATIVE:
On 8 January 2017, Mr. Arifin Wardiyanto, an independent environmental activist from Kasihan Bantul, Yogyakarta province, was brutally attacked by a mob. The mob destroyed Arifin’s house and threatened to burn it down. Most of the mob were illegal miners in Magelang, Central Java province, led by Mr. Muhammad Suryo and Mr. Anang Imanudin from the Surya Karya Setiabudi company. They also call themselves local parliament members (DPRD). As a result of the attack, Arifin’s house and his closed-circuit television (CCTV) camera were destroyed. Moreover, Arifin’s family suffered trauma.
Prior to the attack, Arifin was threatened by the mob to withdraw a letter that he had written to various authorities regarding the mining operations conducted by the Surya Karya Setiabudi company in the Merapi mountains. This was witnessed by the Police Chief of Kasihan Bantul police office. Furthermore, Adjunct Senior Commissioner of Police (AKBP) Faried Zulkarnaen is also involved in these mining operations, and he sent his subordinate Police Commissaries (Kompol) Ida Bagus to also demand that Arifin withdraw the letter. Arifin rejected the demand.
On January 9, the mob came again to Arifin’s house and demanded him to withdraw his report regarding the attack upon his house that he filed at the Yogyakarta regional police office (Polda DIY). On January 10, Arifin also filed a report with the police against Anang Imanudin, who led the mob attack on his house. The report was registered by the police No. LP/10/I/2017/DIY SPKT. However, Anang Imanudin also filed a report against Arifin, accusing him of criminal defamation.
Earlier, on 13 December 2016, Arifin sent a letter to President Joko Widodo and other institutions such as the Corruption Eradication Commission (KPK), the Minister of Energy and Natural Resources (ESDM), the Minister of Environment, the Minister of Forest, the Minister of Public Construction, the Minister of Housing, Governor, the chief police of Central Java regional police (Kapolda Jawa Tengah), Magelang Police Office (Polres Magelang), and local parliament (DPRD) concerning the illegal mining (classification C on Sand Mining) conducted by Surya Karya Setiabudi Company (PT. SKS), without any permit. The illegal mining is conducted in Merapi mountains, in Kaliurang village, Srumbung sub-district, Magelang regency. This location is prone to natural disasters, which makes mining there particularly risky and environmentally damaging.
Despite this, since May 2017 Surya Karya Setiabudi Company has obtained a mining permit which covered 39 hectares area in Nglumut village, Srumbung sub-district, a different area from the company’s earlier illegal operations. Furthermore, there are allegations that the Surya Karya Setiabudi Company has sold its permit to another mining company for IDR 2.7 Billion, which is a violation of article 93 paragraph 1 of the Law No. 4 of 2009 on coal and mineral mining (Minerba). According to the law, a mining company is prohibited to sell or give its mining permit to other mining companies.
Further, the Surya Karya Setiabudi Company also committed illegal mining outside Bebeng. According to a police officer of Special detectives directorate (Ditreskrimsus), Central Java regional police that the mining activities committed by the SKS Company is legal and the company has obtained special permit for production or river normalization. However, there is lack of accountability regarding the issuance of the special mining permit.
According to the law, tenders must be submitted for river normalization, because state budgets will be used in the operation.
Despite Arifin’s reports to the police about the attack on his house, and the illegal mining around Merapi mountain, the Yogyakarta regional police has yet to seriously investigate. On the contrary, the Yogyakarta regional police sent the case file to its subordinate police institution, the lowest police office in Kasihan Bantul regency (Polsek Kasihan Bantul).
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the police and local government in Yogyakarta province and Central Java province stop any form of persecution against Arifin and other environmental activists. Moreover, the law enforcement agencies should properly audit the Surya Karya Setiabudi (PT. SKS) company, and if it is found guilty, its mining activities should be stopped immediately.
The police should also investigate and prosecute the mob that attacked Arifin’s home and intimidated his family. Furthermore, the KPK and also the National Commission on Human Rights (Komnas HAM) should investigate state involvement behind the illegal mining conducted by PT. SKS.
The AHRC will write a separate letter to the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment and Special Rapporteure on Situation of Human Rights Defenders calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: Local activist in Yogyakarta province attacked and intimidated for anti-mining advocacy
Name of victims : Mr. Arifin Wardiyanto and his family
Names of alleged perpetrators : the Surya Karya Setiabudi (PT. SKS) company, police and local government
Date of incident : December 2016 to January 2017
Place of incident : Yogyakarta province and Central Java province (Around Merapi Mountain)
I am writing to voice my deep concern regarding the attack and intimidation of Mr. Arifin Wardiyanto, an independent environmental activist. Arifin and his family were brutally attacked in their home due to his advocacy effort to save the environment in the Merapi mountains from illegal mining operations. Arifin’s complaint regarding the mining and the attack on his home have been ignored by the police and various authorities. There are also allegations that profits from the illegal mining activities are shared with law enforcement agencies and the local government, making the operations difficult to eradicate.
On 8 January 2017, Mr. Arifin Wardiyanto, an independent environmental activist from Kasihan Bantul, Yogyakarta province, was brutally attacked by a mob. The mob destroyed Arifin’s house and threatened to burn it down. Most of the mob were illegal miners in Magelang, Central Java province, led by Mr. Muhammad Suryo and Mr. Anang Imanudin from the Surya Karya Setiabudi company. They also call themselves local parliament members (DPRD). As a result of the attack, Arifin’s house and his closed-circuit television (CCTV) camera were destroyed. Moreover, Arifin’s family suffered trauma.
Prior to the attack, Arifin was threatened by the mob to withdraw a letter that he had written to various authorities regarding the mining operations conducted by the Surya Karya Setiabudi company in the Merapi mountains. This was witnessed by the Police Chief of Kasihan Bantul police office. Furthermore, Adjunct Senior Commissioner of Police (AKBP) Faried Zulkarnaen is also involved in these mining operations, and he sent his subordinate Police Commissaries (Kompol) Ida Bagus to also demand that Arifin withdraw the letter. Arifin rejected the demand.
On January 9, the mob came again to Arifin’s house and demanded him to withdraw his report regarding the attack upon his house that he filed at the Yogyakarta regional police office (Polda DIY). On January 10, Arifin also filed a report with the police against Anang Imanudin, who led the mob attack on his house. The report was registered by the police No. LP/10/I/2017/DIY SPKT. However, Anang Imanudin also filed a report against Arifin, accusing him of criminal defamation.
Earlier, on 13 December 2016, Arifin sent a letter to President Joko Widodo and other institutions such as the Corruption Eradication Commission (KPK), the Minister of Energy and Natural Resources (ESDM), the Minister of Environment, the Minister of Forest, the Minister of Public Construction, the Minister of Housing, Governor, the chief police of Central Java regional police (Kapolda Jawa Tengah), Magelang Police Office (Polres Magelang), and local parliament (DPRD) concerning the illegal mining (classification C on Sand Mining) conducted by Surya Karya Setiabudi Company (PT. SKS), without any permit. The illegal mining is conducted in Merapi mountains, in Kaliurang village, Srumbung sub-district, Magelang regency. This location is prone to natural disasters, which makes mining there particularly risky and environmentally damaging.
Despite this, since May 2017 Surya Karya Setiabudi Company has obtained a mining permit which covered 39 hectares area in Nglumut village, Srumbung sub-district, a different area from the company’s earlier illegal operations. Furthermore, there are allegations that the Surya Karya Setiabudi Company has sold its permit to another mining company for IDR 2.7 Billion, which is a violation of article 93 paragraph 1 of the Law No. 4 of 2009 on coal and mineral mining (Minerba). According to the law, a mining company is prohibited to sell or give its mining permit to other mining companies.
Further, the Surya Karya Setiabudi Company also committed illegal mining outside Bebeng. According to a police officer of Special detectives directorate (Ditreskrimsus), Central Java regional police that the mining activities committed by the SKS Company is legal and the company has obtained special permit for production or river normalization. However, there is lack of accountability regarding the issuance of the special mining permit.
According to the law, tenders must be submitted for river normalization, because state budgets will be used in the operation.
Despite Arifin’s reports to the police about the attack on his house, and the illegal mining around Merapi mountain, the Yogyakarta regional police has yet to seriously investigate. On the contrary, the Yogyakarta regional police sent the case file to its subordinate police institution, the lowest police office in Kasihan Bantul regency (Polsek Kasihan Bantul).
Therefore I would like to request you to ensure that the police and local government in Yogyakarta province and Central Java province stop any form of persecution against Arifin and other environmental activists. Moreover, the law enforcement agencies should properly audit the Surya Karya Setiabudi (PT. SKS) company, and if it is found guilty, its mining activities should be stopped immediately.
The police should also investigate and prosecute the mob that attacked Arifin’s home and intimidated his family. Furthermore, the KPK and also the National Commission on Human Rights (Komnas HAM) should investigate state involvement behind the illegal mining conducted by PT. SKS.
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)
