Hundreds of residents of Torobulu, Laeya District, South Konawe Regency, protested in front of the Southeast Sulawesi (Sultra) Regional Police, in Kendari, Wednesday (12/6/2024). This action was a response to efforts to criminalize two Torobulu residents which continued to stage II - the case files have been transferred to the Kendari District Prosecutor's Office (Kejari).

The two residents who were criminalized were Haslilin (30), female, and Andi Firmansyah (41), male, who were accused of obstructing or disrupting mining business activities in accordance with Article 162 of Law No. 3 of 2020 concerning Mineral and Coal Mining (Minerba). ) jo Article 55 of the Criminal Code.

Muhammad Ansar, from LBH Makassar, representing the legal advisory team Haslilin and Andi Firmansyah assessed that the naming of two Torobulu residents as suspects was an act of criminalization of environmental and human rights (HAM) fighters. He said that the constitution states that everyone has the right to a good and healthy living environment as part of human rights.

"Therefore, we assess that the legal process against Ms. Haslilin and Mr. Andi with both of them being named as suspects is nothing more than an act of criminalization. This act of criminalization will endanger the right of public participation to obtain a good and healthy environment guaranteed by the Constitution," said Ansar, Wednesday. (12/6/2024).

This case started when Haslilin and Andi Firmansyah, together with other Torobulu residents, visited a PT Wijaya Intan Nusantara (PT WIN) excavator unit belonging to Frans Salim Kalalo, on November 6 2023. The heavy equipment was dredging nickel ore in Torobulu Village.

PT WIN's activities are only approximately 100 meters from residential areas and very close to the main road. The aim of the residents' arrival was to find out whether the mining activity was in accordance with regulations or not.

"We came here to find out whether the mining activities carried out comply with regulations. The mining area is very close to residential areas. Even though previously it had been agreed that each party should refrain, there should be no mining activities yet. "At the meeting there were village heads, sub-district heads and Torobulu residents," said Andi Firmansyah.

Residents protested because they did not want landslides and dust covering residents' houses due to mining activities to repeat themselves as had happened before. In addition, the residents' 2 water sources have been damaged, the residents' rice plants are damaged during the rainy season, not to mention the dust. Because of this, Andi Firmansyah and Haslilin asked that the excavator be pulled back far from residential areas.

"We came not to arrest, but to question why there was activity. "We also don't want any more landslides, our water sources being damaged, and dust entering our houses which we have been experiencing because of mining activities," said Haslilin.

However, via letter number: S.Pgl/234/VI/RES.5.5./2024/Ditreskrimsus and letter number: S.Pgl/235/VI/RES.5.5./2024/Ditreskrimsus, dated June 7 2024, Southeast Sulawesi Regional Police instead summoned both of them to be handed over to the Kendari Prosecutor's Office (Phase II).

"We consider that PT WIN's use of Article 162 of the Mineral and Coal Law has an evil aim, namely to silence the residents of Torobulu, therefore, we urge law enforcement officials, prosecutors and courts to maintain the dignity of the law by not criminalizing Mrs. Haslilin and Mr. Andi Firmansyah," said Ansar.

The Director of Walhi Sultra, Andi Rahman, believes that Andi Firmansyah and Haslilin should be protected, not punished. Because what Andi Firmansyah and Haslilin and other Torobulu residents are doing is an effort to protect the environment and defend their living space from the threat of mining.

Andi explained, Article 66 of Law no. 32 of 2009 concerning Environmental Protection and Management, it is very clear that anyone who fights for the right to a good and healthy environment cannot be prosecuted criminally or sued civilly.

"Therefore, it would be very strange if Ms. Haslilin and Andi Firmansyah were prosecuted, the question would arise, who is the law for?" Andi said.

In the ongoing process of criminalization efforts, in front of the Southeast Sulawesi Regional Police, residents also voiced the conditions in Torobulu which continue to face mining activities.

Andi said that residents had to pay a high price due to ongoing mining activities in Torobulu. Environmental damage is visible to the naked eye around residential areas. He said, there are only days left, if the mining continues, residents will slowly be pushed out of their living space.

In this action, the residents of Torobulu issued a statement of their position and demands, namely to stop criminalization efforts against Andi Firmansyah and Haslilin, who are environmental fighters, as well as the criminalization of other residents of Torobulu Village.

Then the masses also asked for the rights of fishermen in Torobulu Village and the residents' living space to be returned. Residents also demand an end to environmental destruction and the revocation of PT WIN's IUP.

"It is important to note that the transfer of case files and suspects (Phase II) to the Kendari District Prosecutor's Office which was planned to be carried out on June 12 2024 has been postponed until June 20 2024," said Andi Rahman.