Indonesia: mining company files lawsuit against 4 land rights defenders
Event- Country
- Indonesia
- Initial Date
- Aug 18, 2024
- Event Description
The polemic of land conflict between the people of Topogaro and Tondo Villages and PT IHIP has not ended. On August 15, 2024, Rahman Ladanu, Safaat, Hamdan, and Imran. Received a summons from the Poso District Court (PN), regarding the lawsuit of PT Baoshuo Taman Industri Investment Group (BTIIG).
The contents of the lawsuit, the four people are suspected of committing an Unlawful Act (PMH ), for the action of blocking the production road in Topogaro Village, PT IHIP area. The defendant's demand is to pay a material loss of Rp 4,325,235,948, which is accumulated from the calculation per day for three days of the road blockade. The amount per day is Rp 1,441,745,316. As well as immaterial losses of Rp 10,000,000,000 for defamation of the company's good name.
The blockade action carried out by residents of Topogaro Village was the result of anger after the circulation of a video of PT IHIP's External Legal on behalf of Riski, stating that the farm road currently being used as a holing road is legally owned by PT IHIP, based on the MoU for asset exchange with the Regent of Morowali. The action was carried out for three days, June 11-14, 2024 and continued for two days, June 21-22, 2024.
Topogaro Farm Road – Folili Hamlet, long before there was a nickel company, was already used by the community in the form of a dirt road. Access to Topogaro Cave (cultural site) and gardens such as coffee, cocoa, and rice fields.
PT BTIIG sent a summons No. 10/BTIIG-Legal/VI/2024 to Rahman Ladanu, Safaat, Sadam, and Imran. For their actions regarding "blocking roads in objects that have been cleared" . On June 20, the four people received another summons from the Central Sulawesi Regional Police, on suspicion of "disturbing or obstructing mining business activities of IUP, IUPK, and IPR holders as regulated in Article 162 of Law No. 3 of 2020."
Efforts to suppress the community continue to be carried out by PT BTIIG. On June 23, 2024 with letter number 14/BTIIG-LEGAL/VI/2024, regarding "Blockade Actions Resulting in the Cessation of PT BTIIG's Activities (Investment) , five residents of Ambunu Village Moh Haris Rabbie, Makmur Ms, Abd Ramdhan, Hasrun, and Rifiana Ms. Received a warning for the blockade action carried out.
Public anger over the unilateral claim of the farm road spread to Ambunu Village. The blockade action was also carried out from 13-23 June 2024 involving 100 residents. The farm road claimed by PT IHIP also connects Topogaro Folili Village, Sigeno, and Ambunu Village. On the Ambunu Village farm road, there are currently company buildings such as warehouses, etc. As a result, farmers in Ambunu Village have to make a long detour of approximately 3-4 KM to their gardens. Previously, it was only 1-2 KM.
Until now, PT IHIP has never shown the MoU for the claim of the farm road. Several times the community demanded and even carried out a blockade. PT IHIP has not shown it. In fact, during the struggle carried out by the community in Ambunu, Tondo, and Topogaro Villages. It is recorded that PT BTIIG has made efforts to criminalize 7 residents starting from summonses, police summonses, to lawsuits for unlawful acts.
Wandi, the Walhi Sulteng Campaigner, assessed that this was an attempt by PT IHIP to silence the community in fighting for their RIGHT to live. Similar actions are also likely to occur in other villages, along with the expansion of the area that will be carried out. Coupled with the weak government control over cases of violations committed by the company.
"The forced eviction of 14 hectares of productive oil palm land belonging to 12 families in Ambunu Village, at around 02:00 am on October 17, 2022 without the owner's knowledge, is a depiction of the company's arbitrary actions. Even though the community was forced to accept compensation, the company's practices are no different from the colonial era."
PT BTIIG is a nickel smelter-based management company in the IHIP area. The composition of PT IHIP shares consists of Zhensi Indonesia Industrial Park 51%, Beijing Shengyue Oriental Investment Co., Ltd 10.28%, PT Kejayaan Emas Persada 27.45%, and PT Himalaya Global Investment 11.27%. With an investment value of 14 trillion rupiah.
The area is 20,000 Ha, located in Wata, Tondo, Ambunu, Topogaro, Upanga, Larebonu and Wosu Villages. The development of this area is part of a high-quality international cooperation pilot zone under the “One Belt, One Road Initiative.”
- Impact of Event
- 4
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Land rights
- Freedom of expression
- Offline
- HRD
- Community-based HRD
- Land rights defender
- Perpetrator-Non-State
- Corporation
- Extractive industries
- Corporation
- Source
- Monitoring Status
- Pending
- Event Location
Latitude: -1.395
Longitude: 120.7538
- Event Location
- Summary for Publications
On 18 August 2024, community-based HRDs Rahman Ladanu, Safaat, Hamdan, and Imran received a summons from the District Court of Poso, Indonesia, related to a lawsuit filed against them by a mining company as result of the HRDs' opposition to the company's operation.