The conflict between the people of Nagari Bidar Alam and the people of Nagari Ranah Pantai Cermin with PT Ranah Andalas Plantation (PT RAP) in South Solok Regency led to the criminalization of 6 residents. All six were named as suspects by South Solok Police. The summoning of the six people in Bidar alam originated from police report Number LP/168/IX/2020/SPKT related to the crime of theft on September 14, 2020, which was reported by the company.

Responding to the criminalization of residents, Diki Rafiqi, Coordinator of the Advocacy Division of LBH Padang said that LBH Padang and Walhi West Sumatra West Sumatra made three demands. First, urging the South Solok Police to stop the criminalization of the Bidar Alam community. Second, urging the Regent of South Solok to revoke PT RAP's license. Third, the South Solok Police should investigate PT RAP's criminal allegations, including gardening without a permit, embezzlement of community revenue sharing money, and taxation crimes.

Diki explained that the problem stems from agrarian conflicts that are still unresolved in South Solok Regency. Even though PT RAP, which allegedly reported the community, no longer has any legality. "This is reinforced by the Decree of the South Solok Regent which revoked PT RAP's location permit on July 29, 2008. In addition, PT RAP also does not have Business Use Rights (HGU) in Nagari Bidar Alam and Nagari Ranah Pantai Cermin," he said in an official statement Monday, September 25, 2023.

Initially, said Diki, PT RAP was present due to an agreement between the ninik mamak and PT RAP that there would be a 60 percent - 40 percent profit sharing since the construction of the plantation, but until now the community has not received their rights at all from PT RAP. "Decades of people waiting for good faith from PT RAP to provide 40 percent profit sharing from the harvest have never been obtained," he said.

The impact of the 60 percent to 40 percent agreement, PT RAP has broken its promise to the community. In mid-2020, the community took over their land by harvesting on their own land. In addition, there is also no clarity on conflict resolution by the Regent of South Solok until now. The choice to reclaim rights by the community is based on the situation of economic needs that the company used to promise to prosper.

However, the South Solok Police responded to the reclaiming of land rights by naming a suspect in the alleged crime of theft. This condition certainly intensified the conflict in Nagari Bidar Alam and Nagari Ranah Pantai Cermin.

According to Diki, this is clearly one of the criminalization efforts carried out by the police that can silence the struggle for rights carried out by the community. This criminalization also gives fear to the community so that the company can regain control of the community's land. If the police read the agreements between the community and PT RAP in partnership to build oil palm plantations, it can be concluded that the oil palm plantations belong to the community and the company.

"Then how can a person who owns be accused of stealing on his own land and oil palm trees that are 40% capitalized by the landowning community. Don't think that the plantation was only built by the company because the mechanism built between the company and the community is a partnership and profit sharing," he said.

Before the South Solok Police accepted PT RAP's report, said Diki, the police should have questioned the legality of the company, because the company no longer has legal legality there. In addition, PT RAP not only harms the community but also harms the state by not paying taxes. The state should take action against things like this instead of punishing people who have long been cheated. "In addition, the issue of PT RAP and the landowners is not a criminal issue but a civil issue," said Diki.

Tommy, Head of Advocacy of Walhi West Sumatera, stated that the oil palm plantation cultivation activities carried out by PT RAP without having land rights and business licenses are illegal. Because, plantation cultivation business activities and / or plantation product processing businesses can only be carried out by plantation companies if they have obtained land rights and fulfill business licenses related to plantations from the central government (article 42 paragraph (1).

Furthermore, said Tommy, article 55 of Law 39 of 2014 concerning Plantations as amended by Law Number 06 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law also emphasizes norms that prohibit everyone (including companies) from unlawfully working on, using, occupying, and / or controlling plantation land (including on customary land), harvesting or collecting plantation products.

With the illegality of the activities of working on, using, occupying, and/or controlling plantation land by PT RAP, it does not have land rights and does not have a business license.

So, said Tommy, PT RAP can be subject to plantation crime, regulated in article 107 of Law 39 of 2014 concerning Plantations as amended by Law Number 06 of 2023 concerning the Stipulation of Government Regulations. Substitute for Law Number 2 of 2022 concerning Job Creation into Law which emphasizes that every person who unlawfully works, uses, occupies, and controls plantation land, community land or customary land rights of indigenous peoples.

"With the intention of the plantation business, cutting plants in the plantation area; harvesting or collecting plantation products as referred to in Article 55, shall be punished with a maximum imprisonment of 4 (four) years or a maximum fine of Rp. 4,000,000,000," he said.