The community of Rejecting the Sangihe Mine was repressed by elements of the joint TNI and POLRI officers who were suspected of protecting PT TMS, which had unloaded heavy equipment to enter the mining location in Bowone Village, Kec. Tabukan South Central, Wednesday, June 15 2022, at approximately 15.00 WITA.

The action of the Community Rejecting the Sangihe Mine by closing the road access is a form of protest against the mining company PT. TMS which has been defeated based on the TUN court decision, to be able to respect the court's decision and the existing legal process, including the prohibition for companies to bring heavy equipment into the building. mine site. Heavy equipment belonging to the company, which was under the direct supervision of the TNI and POLRI, resulted in a conflict between the Sangihe Reject Mining Community and the TNI and POLRI which even led to repressive actions by the apparatus.

It is known that on Thursday, June 2, 2022, the Manado State Administrative Court has won the Sangihe Mining Community's lawsuit with case number 57/G/LH/2021/PTUN.Mdo, namely the Cancellation Decision and the Revocation Order. 503/DPMPTSPD/IL/IX/2020, concerning the Granting of Environmental Permits for PT. TMS Gold Mining Activities in Sangihe Regency, North Sulawesi Province.

That after the decision of the Manado Administrative Court, PT TMS should be able to show a law-abiding and respectful attitude to the court's decision and temporarily stop all forms of mining activities until a court decision has legal force, instead of ignoring and straddling the court's decision. The attitude and actions of PT. TMS are a form of disobedience to the law and harm to us as a state of law.

The protest form of the Community Rejecting the Sangihe Mining has given rise to threats from the Sangihe Police, as can be seen from the video spread on various social media with a duration of ± 58 seconds. The video shows how an individual from the Sangihe Resort Police gives an appeal by using several provisions of the Articles in the Criminal Code that must be obeyed by the community against mining.

In response to this, YLBHI-LBH Manado as the Institute for Human Rights Observer considers that the appeal from the police is a form of real and serious threat and has the potential for criminalization for the people who have consistently defended their living space. The criminal provisions conveyed by the police officers cannot be snared or imposed on the Sangihe community who refuse to mine, because the actions taken have been guaranteed and protected by law. So that the appeal is considered a form of partiality given to PT. TMS, and has tarnished the image of the police as protectors, protectors and law enforcers.

In a press release from YLBHI-LBH Manado received by CYBERSULUT, the treatment of the TNI and POLRI against the community rejecting the sangihe mine has straddled and violated various regulations that have guaranteed the rights of every citizen or community in defending their land rights and living space. Article 28A of the 1945 Constitution guarantees that "Everyone has the right to live and has the right to defend his life and life", Article 28D paragraph 1 "Rights to recognition, guarantees, protection and fair legal certainty and equal treatment before the law", Article 28J paragraph 1 "everyone is obliged to respect the human rights of others", and Article 66 of the PPLH Law explicitly states that "everyone who fights for the right to a good and healthy environment cannot be prosecuted criminally or be sued in a civil manner".

TNI and POLRI as law enforcement officers should be able to act professionally by enforcing the rule of law, in this case providing protection to people who are maintaining their living space as guaranteed and protected in laws and regulations, instead of threatening the community by using Articles of the Criminal Code which have the potential for criminalization. for the community to refuse mining and provide protection for PT. TMS to be able to return to mining activities.