The National Human Rights Commission (Komnas HAM) confirmed that environmental activist and human rights defender, Heri Budiawan alias Budi Pego, was arrested and subsequently detained at the Banyuwangi Penitentiary. Budi Pego, who was very outspoken against PT Merdeka Copper Gold's mining activities in Tumpang Pitu, was previously detained 10 months after the East Java High Court's verdict upheld the Banyuwangi District Court's verdict. Budi Pego's arrest and detention on Friday (24/3/2023) was the execution of the Supreme Court's decision through Decision Number 1567 K/PidSus/2018 which sentenced him to 4 years in prison. Komnas HAM, which once issued a protection letter for Budi Pego in 2018 as a "human rights defender", regretted the execution of this Supreme Court decision and firmly stated that the case against Budi Pego was criminalization.

Moreover, Budi Pego's family and attorneys are said to have never received a copy of the Supreme Court decision. "What Budi Pego is demanding was not done at all because it was just an attempt to criminalize him, limiting his space for movement to advocate against mining that has been destroying the surrounding environment, and several other notes related to the Tumpang Pitu mining activity in Banyuwangi," said the Coordinator of the Promotion Sub-Commission HAM, Anis Hidayah, in a press conference, Sunday (26/3/2023). "Budi Pego himself does not understand what Marxism, communism and Leninism are, the fact is that at trial the banner was not made by residents and the evidence was lost," added Komnas HAM's commissioner for complaints, Hari Kurniawan, on the same occasion. Responding to the execution of Budi Pego, Komnas HAM stated several positions.

First, asking Indonesian President Joko Widodo to grant amnesty to Budi Pego. Second, urging that the legal process, including at a higher court level (if legal proceedings for judicial review/PK are later carried out), can be carried out independently, impartially, transparently and fairly in accordance with human rights principles, and guarantees Budi Pego's rights. "Third, asking the Minister of the Environment to immediately issue a Minister of Environment Regulation concerning the Protection of Human Rights Defenders in the Environmental Sector," said Anis. Fourth, Komnas HAM asked the East Java Provincial Government, Banyuwangi Police, and PT. Merdeka Copper Gold together with its subsidiaries, namely PT Bumi Suksesindo and PT Damai Suksesindo to comply with the recommendations issued by Komnas HAM number 0.961/R-PMT/VI/2020 dated 10 June 2020 to prioritize business and human rights principles.

Komnas HAM claims to have actively coordinated with various parties to ensure Budi Pego is in good condition and being detained according to human rights principles.

Criminalization of Budi Pego since 2017- Since 2015, Komnas HAM has received complaints from the public that reject the existence of the Mount Tumpang Pitu gold mine in Pesanggaran District, Banyuwangi Regency which is managed by PT Bumi Suksesindo. The company is a subsidiary of PT Merdeka Copper Gold Tbk, with a mining business license for production operations since 2012. This permit has raised objections from residents around the mine, because the operation of this mine has an impact on socio-ecological aspects and the safety of people's living space in 5 villages, namely Sumberagung, Pesanggaran, Sumbermulyo, Kandangan and Sarongan villages. Budi Pego, together with dozens of Pesanggaran residents, then carried out a banner display against the Tumpang Pitu gold mine on April 4 2017.

"However, in the midst of the banner display, there was an insert banner bearing the hammer and sickle logo, which was clearly not made by the residents," said Hari Kurniawan in a press conference, Sunday (26/3/2023). "Even when the residents made dozens of banners, they were supervised by the Babinmas and Babinkamtibmas of Pesanggaran District," he continued. Furthermore, Budi Pego was charged and tried for violating the provisions of Article 107a of the Criminal Code, deemed to have taught the teachings of Marxism, communism and engineering.

"Budi Pego is a former Indonesian migrant worker in Saudi Arabia who is also devout in worship and a member of the Pagar Nusa Pencak Silat School which is a Silat College under Nahdlatul Ulama," said the man who is familiarly called Wawan. The Banyuwangi District Court sentenced Budi Pego to 10 months in prison in 2017. Prosecutors and lawyers both appealed, but the East Java High Court's decision strengthened the Banyuwangi District Court's decision. The two of them filed an appeal and on October 16 2018, the Supreme Court Panel of Judges through Decision Number 1567 K/Pid Sus/2018 sentenced Budi Pego to 4 years in prison.