The Bandung Legal Aid Institute (LBH) urged the court to acquit four farmers from Cikandang and Margamulya, Cikajang District, Garut Regency. The four of them were jailed on a report from PTPN VIII accusing them of cultivating the land illegally.

LBH Bandung's legal team for Cikandang farmers M Rafi Saiful Islam said, on Wednesday (30/11/2022), the four farmers named Nandang, Saepudin, Ujang Juhana, and Pakih had undergone an indictment hearing from the Garut District Attorney. The four were charged with violating Article 170 of the Criminal Code Jo Article 55 Paragraph (1) of the Criminal Code Jo Article 107 letter c Jo Article 55 letter c Law No 39 of 2014, which carries a penalty of 5 years in prison.

"The four farmers who are members of the Badega Farmers Union have been criminalized by PTPN VIII after working on abandoned land in the Cisaroni afdeling land. Their cultivated land includes Margamulya Village and Cikandang Village," said Rafi in his statement, Thursday (1/12/2022).

"We urge the release of the four detained farmers. In fact, these four farmers are agrarian reform fighters who are fighting for land to be managed as a livelihood," he added.

Rafi said the four farmers from Cikandang, Garut, were fighting for land rights that they should have been able to get. This is because the land they are working on is no longer productive and has been neglected by PTPN VIII. However, because of the regulation on cultivation rights (HGU), farmers cannot immediately work on PTPN VIII's land. Even though the land cultivated by the farmers had been abandoned by PTPN VIII and was not productive at all.

"As is the real condition on the ground, the land area located in Cikandang Village, the area cultivated by Cipancur blocks 5 and 6, is no longer productive and has been neglected by PTPN VIII," he said.

According to LBH, the land abandoned by PTPN VII must be of benefit to the surrounding community. Moreover, the four of them were sharecroppers who did not have their own arable land at all. "Most of the people in Cikandang Village are people who make a living in the agricultural sector. However, limited agricultural land causes farmers in this area to work as farm laborers, which results in their income being inadequate and far from enough to support their families. So farm workers in there are many who become cultivators of unproductive or neglected land in the PTPN VIII plantation area," he said.

LBH also urged PTPN VIII's HGU regulations to be repealed for farmers in Cikandang Village, Garut. They also urged the four farmers to be immediately released, and asked law enforcement officials to review their decision. "Revoke the PTPN VIII HGU of Cikandang Village in the area cultivated by Cipancur blocks 5 and 6 which have been abandoned land and cultivated by farmers for a source of life. (And) law enforcement officials should look more at the context of land tenure where these farmers are actually getting land tenure rights is not answered through punishment," he said. Chronology of Events

When confirmed again, Rafi told the chronology of the case. The case that happened to four Cikandang farmers occurred in mid-2022. They were reported by PTPN VIII to the Cikajang Police with accusations of destroying tea trees. "From the beginning of 2022 there was actually a conflict. Until mid-March, June, July, the conflict escalated somewhat and resulted in a report from PTPN to the Cikajang Police. The report was destruction of plantation land," Rafi told detikJabar.

Rafi revealed that the farmers in CiSometimes Village did not feel they had damaged the land or the tea trees on PTPN VIII's land. The residents even helped to re-productive the land on the land because it had been called neglected by PTPN VIII for years. Not only that, residents, according to Rafi's narrative, also felt that since 1995 they had not found any more activity on the land which now has the status of PTPN VIII. According to him, if it has been neglected, the residents have the right to work on the land that PTPN is not using at all.

"The facts on the ground are that the land has been abandoned, the tea trees are approximately 4 meters high and filled with shrubs. Anyway, it's like a wilderness, not like tea plantations in general," he said.

"That's why the residents took the initiative to clear the land. But in fact it ended in a report from PTPN to the Cikajang Police. Even though nothing was damaged, because the land was abandoned land. So there is no such thing as destroying tea plantations, but the residents are working on abandoned land," said Rafi.

Prosecutor's Response

In response to this, the Garut State Prosecutor's Office opened their voices. The Public Prosecutor (JPU) Friza Adiyudha said that currently the case was already being tried.

"The agenda is already in court. Our detention will be made on November 14, during the second stage. We will go to court on November 20, then issue a decision from the court on November 23," said Friza to journalists in his office, Thursday (1/12/2022).

Based on the case file that was transferred by the Garut Police to the Attorney General's Office, investigators charged the four suspects with Article 170 paragraph 1 of the Criminal Code, as well as an alternative charge, namely Article 107 C of RI Law Number 39 of 2014 concerning Plantations. "As for the threat of punishment, Article 179 is 5 years and 8 months, for more than 5 years you can be detained. The alternative to Article 107 is 4 years maximum," said Friza.

Friza said, based on the case files he received, the case started with the felling of a number of tea trees, which was carried out by the four defendants, namely Nandang, Saepudin, Ujang and Pakih around June 2022. "The defendants and other perpetrators who are still on the wanted list carried out logging or clearing of PTPN VIII's tea trees. There are many trees, hundreds maybe. Because this happened in several PTPN areas," he said.

The defendants admitted to their actions. According to Friza, based on the testimony of the defendants, they felt they had the right to manage the land which he acknowledged as state property. "Only, in this case, PTPN objected so PTPN finally reported it to the Police. Even during the trial, the defendants still felt that what they did was not wrong," said Friza.