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No           :  473/SK-KontraS/VI/2014
Subject   : Confiscation of Land Farmers by the Police Officers of Karawang Regency of West Java Province of Indonesia  Fall within the Allegation of Crimes against Humanity and Violations of Various Rights 

To       :

Working Group on Business and human rights
Email :wg-business@ohchr.org

Special Rapporteur on Torture
Mr. Juan Méndez
c/o Office of the High Commissioner for Human Rights
United Nations Office at Geneva
CH-1211 Geneva 10
Switzerland
E-mail: urgent-action@ohchr.org

 

Dear Sir/ Madam,

The Commission for the Disappeared and Victims of Violence (KontraS) writes to inform you that Confiscation of Land Farmers and Police Violence Conducted by the Police Officers of Karawang Regency of West Java Province of Indonesia Fall within the Allegation of Crimes against Humanity and Violations of Varius Rights

CASE DETAILS:

The Commission for the Disappeared and Victims of Violence (KontraS) has received information from representative of residents of the Margamulya village, Wanakerta, Wanasari, West Telukjambe district, of Karawang Regency of West Java Province, related to protest to refuse  confiscated of 350 hectares land area by Company, namely PT. Sumber Air Mas Pratama via Karawang District Court on June 24, 2014.

Based upon the information we receive, it can be described as follow: ,

  1. On June 24, 2014, residents of Margamulya village, Wanakerta, Wanasari, West Telukjambe district, Karawang was visited by bailiff officers [Called Petugas Juru Sita] of Karawang District Court, together with approximately 2,000 [two thousands] of heavily armed police officers; consist of 20 Company-level Units of Mobile Brigade Police Headquarters, 12 Company-level Unit of West Java Mobile Brigade Police, 3 Company-level Unit Dalmasof West Java Police and 500 personnels of Dalmasof West Java Police and Karawang District Military Command Unit 0604). The Police Officersarrived in order to conduct confiscationof 350 hectares land, in which it has been decided by the Supreme Court No.PK.160/PK/Pdt/2011, May 25, 2011 and the Decree of Execution issued by the Chairman of Karawang District Court No.6/PEN/2014/PN.KRW, June 20, 2014.
  2. Bailiff officers of Karawang District Court confiscated the land without any notification to the local residents (as the rightful owners of the land), about the land boundaries based on certificate and other legal documentary evidences, it has been  proved that there wasan abuse of authority.
  3. Residents were asked again about the boundaries of the land that will be ??the object of confiscation, but it’s responded with an attack by police officers toward citizens resulting in acts of violence, torture, shootings, and arbitrary arrests by members of West Java Mobile Brigade Police officers and Karawang Police. Due to those actions, there were 10 (ten) people were injured: Gilang, Anas, Irwan, Deni, Maulana, Rudi Panda, Odin Liana, Marsono, Egi, NB Taryana and Mustafa Bisri suffered gunshot wounds so they should get treatment in RSUD Karawang. In addition, 13 (thirteen) people forcibly arrested and detained in Karawang District Police, including: Uki, ??Marta, Rohasyim, Hendra, Wawan Setiawan, Karyanto, Mulyana, Jaenudin, Suryadi, Darsim, Ahmad Rojikin, Samsu and Masnyur Mustakim.
  4. After the incident, the Mobile Brigade Police officers committed sweeping into resident houses and conducted blockade the access road to the village and to public facilities, for instance schools, places of worship, and funeral and cut off electricity which detriment the social and economic rights.
  5. The brutality of West Java Police Officers and Karawang Local Police in responding the residents’ rejection, clearly unequal in terms of the number of troops and the residents, in which the residents is mainly 450 families . Additionally, in terms of a number of brutality of the police  itself which documented by local residents Moreover, the police also degrade various riot-control equipment such as 3 (three) units Baracuda and 8 (eight) units Water Cannon.
  6. There is an orchestration of the case conducted by Karawang Police against RatnaNingrum as a head of Margamulya village, West Telukjambe district on charges of forgery proof of land ownership when in fact, concerned citizens have strong evidence (authentic) over land ownership.
  7. In addition, the Local Police of Karawang Regency did not follow the legal status of all further proceedings in the name of Mr. Irawan Cahyadi, as a Director of PT. SAMP, which has been named as a suspect related to the forgery of the proof of waiver letter.

Accordingly, we have assesments as follow:

First, there is a violence committed by the police against farmers and workers in Karawang Regency which was structured, systematic, and widespread. It is worth to be suspected that there’s a serious violation of law and human rights in the form of: crimes against humanity (Article 9 of Law no. 26 Year 2000 on Human Rights Court), cruel treatment (Article 33 paragraph 1 of Law no. 39 Year 1999 on Human Rights, Article 7 of the Law number 9, 1998 on Freedom of Opinion in Public, Article 21, paragraph 1 Police Regulation No. 9 of 2008 on the Implementation Procedures for Services, Security and Handling of Case Submission on Public Opinion, Article 18 paragraph 2 letter D, E and F of Police Regulation No. 8 of 2010 on Cross-Change Procedure and Method in Riot Control.

Second, there has been a law and human rights violations committed by West Java Police officers and Karawang Police officers which has contributed in eliminating the rights of farmers and workers in access to land, the right to a decent life, the right to the opportunity to gain their living by work as provided on Article 25 (1) of the Universal Declaration of Human Rights, Article 36 of Law No.39 Year 1999 on Human Rights, Article 6 (1) and Article 11 (1) International Covenant on Economic, Social and Cultural Rights.

Third, the National Police Commission of Indonesia [called KOMPOLNAS] should follow up the citizen complaints by doing the appropriate authority and act strategically as said on Article 7 and Article 9 of Presidential Decree No. 17 of 2011 in repeating title case for criminal acts as described above, to conduct examination of the police violence and abuse of power committed by West Java Police officers and Karawang Police against civilians, as well as down the field to conduct direct monitoring.

8th of July 2014
Sincerely

Haris Azhar
Executive Coordinator

 

SAMPLE LETTER:

Dear [name of the authority]

INDONESIA:  Confiscation of Land Farmers and Police Violence Conducted by the Police Officers of Karawang Regency of West Java Province of Indonesia Fall within the Allegation of Crimes against Humanity and Violations of Varius Rights

Alleged perpetrators: West Java Police Officers and Karawang Police

Date of incident: June 24, 2014

Place of incident: Margamulya village, Wanakerta, Wanasari, West Telukjambe district, Karawang, West Java, Indonesia

I am writing to raise my serious concerns on the case of forced execution against land farmers by the local police officers in Karawang Regency, which will destroy the national granary.

 Based on the information we receive from representative of residents of the Margamulya village, Wanakerta, Wanasari, West Telukjambe district, of Karawang Regency, there was a protest to refuse  the confiscation of 350 hectares land area, which issued by the PT. Sumber Air Mas Pratama Karawang District Court on June 24, 2014.

Based upon the information we receive, it can be described as follow: ,

  1. On June 24, 2014, residents of Margamulya village, Wanakerta, Wanasari, West Telukjambe district, Karawang was visited by bailiff officers of Karawang District Court, together with approximately 2,000 heavily armed police officers (20 Company-level Units of Mobile Brigade Police Headquarters, 12 Company-level Unit of West Java Mobile Brigade Police, 3 Company-level Unit Dalmas of West Java Police and 500 personnels of Dalmas of West Java Police and Karawang District Military Command Unit 0604). They came in order to conduct confiscationof 350 hectares land, in which it has been decided by the Supreme Court No.PK.160/PK/Pdt/2011, May 25, 2011 and the Decree of Execution issued by the Chairman of Karawang District Court No.6/PEN/2014/PN.KRW, June 20, 2014.
  2. Bailiff officers of Karawang District Court conficated the land without any notification to the residents (as the rightful owners of the land) about the stakes boundaries based on certificate and other documentary evidences, it has been  proved that there was’an abuse of authority.
  3. Residents were asked again about the stakes boundaries of the land that will be ??the object of execution, but it’s responded with an attack by police officers toward citizens resulting in acts of violence, torture, shootings, and arbitrary arrests by members of West Java Mobile Brigade Police officers and Karawang Police. Due to those abuses, there were 10 (ten) people were injured: Gilang, Anas, Irwan, Deni, Maulana, Rudi Panda, Odin Liana, Marsono, Egi, NB Taryana and Mustafa Bisri suffered gunshot wounds so they should get treatment in RSUD Karawang. In addition, 13 (thirteen) people forcibly arrested and detained in Karawang District Police, including: Uki, ??Marta, Rohasyim, Hendra, Wawan Setiawan, Karyanto, Mulyana, Jaenudin, Suryadi, Darsim, Ahmad Rojikin, Samsu and Masnyur Mustakim.
  4. After the incident, the Mobile Brigade Police officers committed sweeping into resident houses and conducted blockade the access road to the village and to public facilities, for instance schools, places of worship, and funeral and cut off electricity which detriment the social and economic rights.
  5. The action of West Java Police Officers and Karawang Local Police in responding the residents’ rejection greatly exaggerated both in terms of the number of troops that are not equal to the number of local residents (about 450 families), as well as a number of brutality of the police  itself. Moreover, the police also degrade various riot-control equipment such as 3 (three) units Baracuda and 8 (eight) units Water Cannon.
  6. There’s an orchestration of the case conducted by Karawang Police towards Ratna Ningrum as a head of Margamulya village, West Telukjambe district on charges of forgery proof of land ownership when in fact, concerned citizens have strong evidence (authentic) over land ownership.
  7. On the other hand, the Local Police of Karawan Regency did not follow the legal status of all further proceedings in the name of Mr. Irawan Cahyadi, as a Director of PT. SAMP, which has been named as a suspect related to the forgery of the proof of waiver letter.

Accordingly, we have assesments as follow:

First, there is a violence committed by the police against farmers and workers in Karawang Regency which was structured, systematic, and widespread. It is worth to be suspected that there’s a serious violation of law and human rights in the form of: crimes against humanity (Article 9 of Law no. 26 Year 2000 on Human Rights Court), cruel treatment (Article 33 paragraph 1 of Law no. 39 Year 1999 on Human Rights, Article 7 of the Law number 9, 1998 on Freedom of Opinion in Public, Article 21, paragraph 1 Police Regulation No. 9 of 2008 on the Implementation Procedures for Services, Security and Handling of Case Submission on Public Opinion, Article 18 paragraph 2 letter D, E and F of Police Regulation No. 8 of 2010 on Cross-Change Procedure and Method in Riot Control.

Second, there has been a law and human rights violations committed by West Java Police officers and Karawang Police officers which has contributed in eliminating the rights of farmers and workers in access to land, the right to a decent life, the right to the opportunity to gain their living by work as provided on Article 25 (1) of the Universal Declaration of Human Rights, Article 36 of Law No.39 Year 1999 on Human Rights, Article 6 (1) and Article 11 (1) International Covenant on Economic, Social and Cultural Rights.

Third, the National Police Commission of Indonesia should follow up the citizen complaints by doing the appropriate authority and act strategically as said on Article 7 and Article 9 of Presidential Decree No. 17 of 2011 in repeating title case for criminal acts as described above, to conduct examination of the police violence and abuse of power committed by West Java Police officers and Karawang Police against civilians, as well as down the field to conduct direct monitoring.

 

Sincerely,

[Your Signature]
[Your Name/Organization]

 

 

SUGGESTED ACTION:

Please send a letter to the authorities listed below expressing your concern about this case and requesting their intervention.

1. Mr. Susilo Bambang Yudhoyono
President Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010 Indonesia
Fax: + 62 21 231 41 38, 345 2685, 345 7782
Phone: + 62 21 3845627 ext 1003
E-mail: presiden@ri.go.id

2. Mr. Hafid Abbas
National Commission on Human Rights
Jl. Latuharhary No.4B Menteng
Jakarta, Indonesia 10310
Phone: +62 21 3925230
Fax: +62 21 3925227

3. Mr. Djoko Suyanto
Chairman of National Police Commission of Indonesia
Jl. Tirtayasa VII No.20 Kebayoran Baru – Jakarta Selatan 12160
Phone: 021-7392317
Fax: 021-7392317

E-mail: sekretariat@kompolnas.go.id ; skm@kompolnas.go.id

4. Mr. Sutarman
Indonesian National Police Headquarter
Jl. Trunojoyo, Selong Kebayoran Baru
Jakarta Selatan 12110
Phone: +62 21 7218555
Fax: +62 21 7261290 / 7207277

5. Mr. Mochamad Iriawan
Chief of West Java Police
Jl. Soekarno-Hatta No. 748 Bandung
Phone: +62 22 7800005, 7800201, 7806392

Fax: +62 22 7802632

6.  Karawang Resort Police
Jl. Surotokunto No.110
Klari Karawang, Jawa Barat, Indonesia

Phone: 62-267-8616995
Fax: 62-267-402794

E-mail: info@polreskarawang.com