INDONESIA: Development of Kulon Progo Airport continues despite lack of Environmental Permit and rampant violence

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-202-2017
ISSUES: Administration of justice, Arbitrary arrest & detention, Democracy, Environmental protection, Freedom of association, Freedom of expression, Human rights defenders, Impunity,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information about two important situations. First, there was a brutal attack against local community members and student activists in the area of the New Yogyakarta international Airport (NYIA). Second, there was the lack of an Environmental Permit. Joint Security Forces, made up of Police officers and Military personnel and civil service Police Unit, forcibly demolished a building belonging to the Local Community. They roughly attacked and illegally arrested twelve student activists. They were in the area to assist in the advocacy of land rights of the community. Local authorities and security forces ignored the voices of the local community to settle the matter peacefully. So far, there has been no Legal Audit undertaken to examine the matter, including the brutal attack.

CASE NARRATIVE:

Following is information received by the AHRC between 27 November and 4 December 2017. State-owned, airport operator Angkasa Pura (AP), conducted forced evictions and land acquisitions of houses and lands belonging to the Local Community. It is in the development area of the New Yogyakarta International Airport.

The Local Community was affected by the development of the NYIA. They protested and rejected the land acquisition because they have never been properly involved in the peaceful dialogue related to this matter. On December 5, twelve student activists gathered in a house belonging to Mr. Hermanto, who rejected the project. They become the targets of a violent, brutal attack conducted by joint security forces of Police officers, Military Personnel and a civil service Police Unit (Satpol PP). They were arrested and brought to the Kulon Progo Police Station (Mapolres Kulon Progo). The student activists were in one of the local community houses to assist the Community advocating land rights.

Security forces effectively demolished the Student’s Secretariat in front of Mr. Hermanto’s house, as well as Hermanto’s building and surrounding shrubs. Student activists who tried to help Hermanto were beaten, trodden on and dragged. Hermanto was unwillingly pulled into the house. At the same time, a 9×9 meter Studio Building with two floors, containing a dozen statues and reliefs, was destroyed by a backhoe. Twelve student activists were arrested and brought to the Kulon Progo Police Station (Mapolres Kulon Progo).

One of the student activists, Aris Setiawan Rimbawan (21) was at the location to document local community efforts advocating land rights. Aris is a student journalist of the student press of the State University of Yogyakarta (UNY). At this time Aris went to the aid of his friend who was being dragged by the security forces. Despite showing his student Press Identity Card, the security forces viciously assaulted him. They trampled Aris with their shoes, pulled his hair and beat him with a baton and sticks. As a result, he sustained lacerations of the face. Finally he surrendered and under duress was brought to the Kulon Progo Police Station along with eleven other student activists.

The Environmental Permit, issued on October 17, 2017, was allegedly not feasible. Take for instance a related example: a business location plan and activity of spatial space management is not compatible with regulations related to the environment. Looking at its environmental setting, the NYIA constitutes a disaster area—a risky area of previous experienced Tsunamis. Therefore, NYIA is not safe for an international airport because the environs are a risky disaster area. On the other hand, the Environmental Impact Analysis (Amdal) study process was not conducted properly or transparently. Angkasa Pura skipped a vital step. Amdal was not compiled in advance–a pre-requisite to issuing the Decree of the Governor of the Special Region of Yogyakarta Province No. 68 / KEP / 2015.This concerned the Determination of the Airport Development Location for the Development of the New Airport in DIY. They leaped into the stage of groundbreaking, entering the construction phase (mobilization tool).

NYIA Kulon Progo which is developed, claiming to strengthen the public infrastructure has a high risk attached to it. This is particularly so for aircraft passengers, because the airport is constructed in the path of previous Tsunamis. According to Presidential Decree No. 28, 2012 concerning the Spatial Plans of the Java and Bali islands, Kulon Progo Regency has been named as one of the risky disaster areas. In addition, according to Regency Decree (Perda) of Kulon Progo Regency No. 2, 2010 concerning the Spatial Plan of the Special Region of Yogyakarta Province (RTRW DIY), Article 51 paragraph g, stated that Kulon Progo Regency is in the risky area of previous Tsunamis. Under Article 39 paragraph 7 it is pointed out and stated that another one of the risky Tsunami areas is Temon sub-district, Kulon Progo Regency.

ADDITIONAL INFORMATION:

Previously, the AHRC had issued an Urgent Appeal (UA) related to construction of the Airport in Kulon Progo Regency with the UA Number AHRC-UAC-017-2016. On 16 February 2016, approximately 1,000 Army, Police, and Satpol PP Personnel were on guard for the boundary- setting exercise conducted by the National Land Agency (BPN) in Kulon Progo Regency.

SUGGESTED ACTION:

Please write to the Authorities listed below, asking them to ensure that a comprehensive investigation is undertaken to prosecute Officers in the State apparatus that brutally attacked and harassed local residents and student activists. Request the Government to ensure a Legal Audit is conducted by the State-owned airport operator Angkasa Pura (AP). Compensation should be awarded to all victims. Further land confiscation to expand the Airport must be avoided. Any form of illegal arrest and detention of local community members and activists who fought for land rights and a healthy environment, must cease.

The AHRC will write separate letters to the UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression and the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, calling for their intervention in this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ………………..,

INDONESIA: Development of Kulon Progo Airport continues despite lack of Environmental Permit and rampant violence

Name of victims : Aris Setiawan Rimbawan (21), eleven student activists and Mr. Hermanto, a local resident

Names of alleged perpetrators : Joint security forces consisting of Police Officers, Military Personnel, Civil Service Police Unit and State-owned airport operator Angkasa Pura (AP)
Date of incident : 5 December 2017
Place of incident : Kulon Progo Regency, Yogyakarta Province

I am writing to voice my deep concern about two important situations. First, there was a brutal attack against local community members and student activists in the area of the New Yogyakarta international Airport (NYIA). Second, there was the lack of an Environmental Permit. Joint Security Forces, made up of Police officers and Military personnel and civil service Police Unit, forcibly demolished a building belonging to the Local Community. They roughly attacked and illegally arrested twelve student activists. They were in the area to assist in the advocacy of land rights of the community. Local authorities and security forces ignored the voices of the local community to settle the matter peacefully. So far, there has been no Legal Audit undertaken to examine the matter, including the brutal attack.

Following is information received by the AHRC between 27 November and 4 December 2017. State-owned, airport operator Angkasa Pura (AP), conducted forced evictions and land acquisitions of houses and lands belonging to the Local Community. It is in the development area of the New Yogyakarta International Airport.

The Local Community was affected by the development of the NYIA. They protested and rejected the land acquisition because they have never been properly involved in the peaceful dialogue related to this matter. On December 5, twelve student activists gathered in a house belonging to Mr. Hermanto, who rejected the project. They become the targets of a violent, brutal attack conducted by joint security forces of Police officers, Military Personnel and a civil service Police Unit (Satpol PP). They were arrested and brought to the Kulon Progo Police Station (Mapolres Kulon Progo). The student activists were in one of the local community houses to assist the Community advocating land rights.
Security forces effectively demolished the Student’s Secretariat in front of Mr. Hermanto’s house, as well as Hermanto’s building and surrounding shrubs. Student activists who tried to help Hermanto were beaten, trodden on and dragged. Hermanto was unwillingly pulled into the house. At the same time, a 9×9 meter Studio Building with two floors, containing a dozen statues and reliefs, was destroyed by a backhoe. Twelve student activists were arrested and brought to the Kulon Progo Police Station (Mapolres Kulon Progo).

One of the student activists, Aris Setiawan Rimbawan (21) was at the location to document local community efforts advocating land rights. Aris is a student journalist of the student press of the State University of Yogyakarta (UNY). At this time Aris went to the aid of his friend who was being dragged by the security forces. Despite showing his student Press Identity Card, the security forces viciously assaulted him. They trampled Aris with their shoes, pulled his hair and beat him with a baton and sticks. As a result, he sustained lacerations of the face. Finally he surrendered and under duress was brought to the Kulon Progo Police Station along with eleven other student activists.

The Environmental Permit, issued on October 17, 2017, was allegedly not feasible. Take for instance a related example: a business location plan and activity of spatial space management is not compatible with regulations related to the environment. Looking at its environmental setting, the NYIA constitutes a disaster area—a risky area of previous experienced Tsunamis. Therefore, NYIA is not safe for an international airport because the environs are a risky disaster area. On the other hand, the Environmental Impact Analysis (Amdal) study process was not conducted properly or transparently. Angkasa Pura skipped a vital step. Amdal was not compiled in advance–a pre-requisite to issuing the Decree of the Governor of the Special Region of Yogyakarta Province No. 68 / KEP / 2015.This concerned the Determination of the Airport Development Location for the Development of the New Airport in DIY. They leaped into the stage of groundbreaking, entering the construction phase (mobilization tool).

NYIA Kulon Progo which is developed, claiming to strengthen the public infrastructure has a high risk attached to it. This is particularly so for aircraft passengers, because the airport is constructed in the path of previous Tsunamis. According to Presidential Decree No. 28, 2012 concerning the Spatial Plans of the Java and Bali islands, Kulon Progo Regency has been named as one of the risky disaster areas. In addition, according to Regency Decree (Perda) of Kulon Progo Regency No. 2, 2010 concerning the Spatial Plan of the Special Region of Yogyakarta Province (RTRW DIY), Article 51 paragraph g, stated that Kulon Progo Regency is in the risky area of previous Tsunamis. Under Article 39 paragraph 7 it is pointed out and stated that another one of the risky Tsunami areas is Temon sub-district, Kulon Progo Regency.

Therefore, I respectfully request you to ensure that a comprehensive investigation is undertaken to prosecute Officers in the State apparatus that brutally attacked and harassed local residents and student activists. Furthermore, the Government has to ensure that a Legal Audit of the State-owned airport operator Angkasa Pura (AP) is carried out. Compensation should be awarded to all victims. Land confiscation, to further expand the Airport area, must be avoided. Any form of illegal arrest and detention of local community members and human rights activists who fought for land rights and a healthy environment, needs to cease.

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 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

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. 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. 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

9. 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

10. Mr. Ahmad Taufan Damanik 
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)