Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding Anugerah Saritama Abadi Company (PT. Anugerah Saritama Abadi) grabbing the land of local residents and farmers of Bahotokong Village. The company, without adequate compensation, confiscated the villager’s land. On the other hand, many of villagers are now facing criminal charges for advocating their right to land and housing. The company and land agency have ignored the fact that the land had been distributed to the villagers. The land, a former Dutch plantation, following Indonesia’s independence and in accord with the agricultural law, should be distributed to all citizens, i.e. villagers of Bahatokong Village in this case.
CASE NARRATIVE:
The following is based on information received from KontraS.
Residents of Bahotokong Village, Bunta Sub-district, Banggai Regency, Central Sulawesi have been harassed and become subject to criminal prosecution as a result of unfair and unjust governance and law enforcement.
On 16 August 2016, a complaint was filed with the Banggai Police Resort (Polres Banggai) by the PT. Anugerah Saritama Abadi company against Yapet Madali, a resident of Bahotokong Village. The complaint was based upon Land Use Rights certificate (HGU) issued by the National Land Agency (BPN) on 7 April 1997 number 01/HGU-BH/BPN-BGI/97-98.
Since the BPN issued Land Use Rights certificate for PT. Anugerah Saritama Abadi in 1997, in total PT. Anugerah Saritama Abadi has reported 31 cases to the Polres Banggai, and, so far, 12 residents of Bahotokong Village, who advocated land rights, have been charged and detained without proper investigation and in complete disregard to fair trial principles.
On August 16, PT. Anugerah Saritama Abadi also lodged a complaint against four other residents of Bahotokong Village, alleging the stealing and destroying of company assets.
The fact of the matter is that before the BPN issued Land Use Rights certificate for PT. Anugerah Saritama Abadi in 1997, the local government of Banggai Regency and the local government of Central Sulawesi Province disseminated and distributed the land to the residents of Bahotokong Village.
However, in 1997 the land was suddenly granted to and occupied by PT. Anugerah Saritama Abadi.
The history of land distribution for villagers of Bahotokong Village, conducted by the BPN of Central Sulawesi Branch Office in 1980, and the recent events, resulted in the residents of Bahotokong Village conducting land verification. According to the residents, the land had been recognized as former Dutch plantation and should therefore be distributed to the residents for housing and agriculture.
Nonetheless, when the villagers and the head of Bahotokong Village conducted land verification, suddenly, Jemi Nayoan, son of Thoe Nayoan, came to the villagers who verified the land and pointed a pistol to the Head of Village. Jemi Nayoan yelled “don’t verify this land, it belongs to the State, and if you do not stop verification and immediately hand over the land, you are PKI [Indonesian Communist Party].”
Since the above accident occurred, the villagers and Head of Bahotokong Village have experienced various acts of intimidation, terror and falsification of data. As a result, they agreed to hand over their land to the Company. However, suddenly out of the blue, in 1997, without consent of the villagers, the National Land Agency issued Land Right Use certificate for PT. Anugerah Saritama Abadi and Thoe Nayoan.
ADDITIONAL INFORMATION:
The AHRC’s sister organization, Asian Legal Resource Center (ALRC), has documented and reported on land conflict in Indonesia to the UN Human Rights Council (UNHRC), showcasing how land conflict is one of the biggest contributors to human rights violations. For instance, based on data provided by the Land Reform Commission (KPA), a national NGO documenting land conflict, in 2014 itself, 472 incidents related to agrarian conflict took place in Indonesia, involving over 2,860,977,07 hectares and 105,887 households. Whereas, in 2015, there were 252 cases of agrarian conflict, with total disputed land reaching 400,430 hectares, involving 108,714 households.
One of case examples documented and reported by the AHRC is that of a case of land grabbing by Army against local farmers in Ramunia Village, Pantai Labu Sub-district, North Sumatera Province. The case can be accessed at AHRC-UAC-062-2015.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure land confiscation and human rights violations against local farmers and villagers of Bahotokong Village must end. The government, in particular the law enforcement agency, must ensure legal audit is conducted over the Land Right Use certificate (SHGU) given by the National Land Agency (BPN) to Anugerah Saritama Abadi Company and Thoe Nayoan.
The government, in particular the Minister of Agriculture, must guarantee that local farmers and villagers of Bahotokong Village are entitled to the land and housing; moreover, the government should immediately develop special mechanisms to deal with land conflict cases, considering the high number of land conflict cases in Indonesia.
The AHRC will write a separate letter to the UN Special Rapporteur on Adequate Housing as a Component of the Right to an Adequate Standard of Living, calling for his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA : Company supported by land agency confiscates land from Bahotokong residents
Name of victim: local farmers and villagers of Bahotokong Village, Bunta Sub-district, Banggai Regency, Central Sulawesi
Names of alleged perpetrators: National Land Agency (BPN), branch office of Central Sulawesi Province, PT. Anugerah Saritama Abadi, Jemi Nayoan, son of Thoe Nayoan
Date of incident: 16 August 2016
Place of incident: Bahotokong Village, Bunta Sub-district, Banggai Regency, Central Sulawesi
I am writing to voice my deep concern regarding Anugerah Saritama Abadi Company (PT. Anugerah Saritama Abadi) grabbing the land of local residents and farmers of Bahotokong Village. The company, without adequate compensation, confiscated the villager’s land. On the other hand, many of villagers are now facing criminal charges for advocating their right to land and housing. The company and land agency have ignored the fact that the land had been distributed to the villagers. The land, a former Dutch plantation, following Indonesia’s independence and in accord with the agricultural law, should be distributed to all citizens, i.e. villagers of Bahatokong Village in this case.
Residents of Bahotokong Village, Bunta Sub-district, Banggai Regency, Central Sulawesi have been harassed and become subject to criminal prosecution as a result of unfair and unjust governance and law enforcement.
On 16 August 2016, a complaint was filed with the Banggai Police Resort (Polres Banggai) by the PT. Anugerah Saritama Abadi company against Yapet Madali, a resident of Bahotokong Village. The complaint was based upon Land Use Rights certificate (HGU) issued by the National Land Agency (BPN) on 7 April 1997 number 01/HGU-BH/BPN-BGI/97-98.
Since the BPN issued Land Use Rights certificate for PT. Anugerah Saritama Abadi in 1997, in total PT. Anugerah Saritama Abadi has reported 31 cases to the Polres Banggai, and, so far, 12 residents of Bahotokong Village, who advocated land rights, have been charged and detained without proper investigation and in complete disregard to fair trial principles.
On August 16, PT. Anugerah Saritama Abadi also lodged a complaint against four other residents of Bahotokong Village, alleging the stealing and destroying of company assets.
The fact of the matter is that before the BPN issued Land Use Rights certificate for PT. Anugerah Saritama Abadi in 1997, the local government of Banggai Regency and the local government of Central Sulawesi Province disseminated and distributed the land to the residents of Bahotokong Village.
However, in 1997 the land was suddenly granted to and occupied by PT. Anugerah Saritama Abadi.
The history of land distribution for villagers of Bahotokong Village, conducted by the BPN of Central Sulawesi Branch Office in 1980, and the recent events, resulted in the residents of Bahotokong Village conducting land verification. According to the residents, the land had been recognized as former Dutch plantation and should therefore be distributed to the residents for housing and agriculture.
Nonetheless, when the villagers and the head of Bahotokong Village conducted land verification, suddenly, Jemi Nayoan, son of Thoe Nayoan, came to the villagers who verified the land and pointed a pistol to the Head of Village. Jemi Nayoan yelled “don’t verify this land, it belongs to the State, and if you do not stop verification and immediately hand over the land, you are PKI [Indonesian Communist Party].”
Since the above accident occurred, the villagers and Head of Bahotokong Village have experienced various acts of intimidation, terror and falsification of data. As a result, they agreed to hand over their land to the Company. However, suddenly out of the blue, in 1997, without consent of the villagers, the National Land Agency issued Land Right Use certificate for PT. Anugerah Saritama Abadi and Thoe Nayoan.
I respectfully request you to ensure that land confiscation and human rights violations against local farmers and villagers of Bahotokong Village must end. The government, in particular the law enforcement agency, must ensure that a legal audit is conducted over the Land Right Use certificate (SHGU) given by the National Land Agency (BPN) to Anugerah Saritama Abadi Company and Thoe Nayoan.
The government, in particular the Minister of Agriculture, must guarantee that local farmers and villagers of Bahotokong Village are entitle to the land and housing; moreover the government should immediately develop special mechanism to deal with land conflict cases, considering the high number of land conflict cases in Indonesia.
I look forward to your prompt action on 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)
