Chronology of Event and Analysis of Legal and Human Rights Violation of Agrarian Conflict in Wadas
Wadas Village, Bener District, Purworejo Regency
CHRONOLOGY OF EVENTS
- March 8, 2018: Wadas Village was listed as one of the villages affected by the construction of the Bener Dam in an Environmental Permit issued by the Governor. The Wadas community, on the other hand, was never involved in the creation of the Environmental Document. There was no outlet for Wadas Village residents' criticism, suggestions, or input.
- March 27, 2018: The Major River Basin Organization of Serayu Opak (BBWS-SO) held a land procurement socialization at Wadas Village Hall. This socialization was more focused on the Bener Dam's planned development. However, it did not go into detail about the andesite mining plan. Residents objected to the plan because the land in Wadas Village was to be used for the construction of the Bener Dam. As a form of rejection, residents staged a walk out from socialization. Since the first socialization was rejected by citizens, another mediation forum was held ten days later between BBWS-SO and citizens. Residents of Wadas Village remained steadfast in their opposition to mining plans in the mediation forum.
- April 26, 2018: The BBWS-SO held a public land procurement consultation agenda. The implementation of Public Consultation did not function as a two-way conversation. There was only identification and name verification for prospective citizens who would be affected. Residents in Wadas also spoke out against the mining plan at this forum. BBWS-SO promised to investigate people' rejection. According to Law No. 2 of 2012 on Land Procurement, if the people reject a proposal during a public consultation, the Governor should form a team to review the citizens' objections and rejection. In reality, the governor never considered the citizens of Wadas' objections to the mining plan.
- June 7, 2018: instead of acknowledging the rejection from citizens regarding the mining plans, the Governor of Central Java issued Decree of the Governor of Central Java Number 590/41 of 2018 concerning Approval of Determination of Land Procurement Locations for the Construction of the Bener Dam in Purworejo District and Wonosobo District of Central Java Province for a period of two (two) years. Nglaris, Limbangan, Guntur, Kemiri, Bener, Burat, Gadingrejo, Bener, Karangsari, Kedungloteng, and Wadas were among the villages whose land was acquired for the construction of the Bener Dam. In this case, Wadas has been designated as a mining site for andesite in order to supply material for the Bener Dam. Later, it was discovered that the signatures on the public consultation forum attendance list were used by BBWS-SO as a citizen approval sheet for land and mining procurement plans in Wadas.
- June 5, 2020: the Decree of the Governor of Central Java Number 590/41 of 2018 expired.
- June 5, 2020: The Governor of Central Java issued a Decree of the Governor of Central Java Number 539/29 of 2020 regarding the Extension of the Determination of Land Procurement Locations for the Construction of the Bener Dam in Purworejo District and Wonosobo District of Central Java Province for a period of one (one) year.
- October 24, 2020: Wadas residents visited the BBWS-SO office. This was done as a form of protest against the Governor of Central Java's Decree 539/29 of 2020 regarding the Extension of the Determination of Land Procurement Locations for the Construction of the Bener Dam in Purworejo District and Wonosobo District of Central Java, as well as a form of protest by residents because the government and BBWS-SO did not acknowledge citizens' rejection and objections to mining plans in Wadas Village.
- November 23, 2020: Residents of Wadas along with Legal Aid Services (LBH) Yogyakarta reported the Governor of Central Java to the Ombudsman of the Republic of Indonesia for alleged smuggling of the law related to the issuance of the Governor of Central Java's Decree regarding the Extension of the Determination of Land Procurement Locations for the Construction of the Bener Dam.
- February 11, 2021: Several Wadas citizen representatives protested while delivering rejection and objection letters to the Purworejo Land office regarding an inventory plan and identification of land acquisition subjects and objects in Wadas Village.
- March 4, 2021: Wadas' mothers' representatives met with the Purworejo Chief of Police (Polres Purworejo). The purpose of this hearing was for Polres Purworejo to remain neutral and not commit acts of violence against citizens fighting for the natural state of the Village of Wadas.
- April 8, 2021: Several citizen representatives met with BBWS-SO for hearings. The purpose of this hearing is to reinforce citizens' refusal and to remind BBWS-SO to halt the land acquisition process in Wadas Village. BBWS-SO promises to consider citizens' rejections and objections in this forum.
- April 23, 2021: BBWS-SO intends to hold a socialization event in Wadas Village to discuss the installation of trase stakes. Residents protested the socialization plan by blocking the entrance to Wadas Village and shouting protest chants.
- At approximately 11.00 Western Indonesian Time (WIB): Hundreds of heavily armed police officers descended on Wadas. Residents then drove away the cops by sitting and protesting while shouting religious chants. Instead of peaceful and polite dialogue, the police apparatus forced entry and tortured citizens in the front row, particularly mothers, by pulling, hitting, stepping on, and pushing them. Some residents who attempted to assist mothers were also tortured by the police apparatus. Several times, police officers used tear gas in the midst of the chaos. Residents were forced to flee as a result of tear gas fire.
- At approximately 12.00 WIB: 8 residents, 2 citizen law enforcers, and 1 Wadas solidarity member were arrested and subjected to police violence. Eleven people were arrested and taken to Polres Purworejo. Several residents were assaulted on their way to Polres Purworejo. Eleven people arrested at Polres Purworejo were forced to delete violent images and videos taken by the apparatus from their cellphones.
- At approximately 01:30 WIB: Accompanied by several legal powers from LBH Yogyakarta, 11 people arrested were finally released.
- Residents then complained to the Regional Chief of Police of Central Java about repressive measures and violence carried out by Polres Purworejo. However, there has been no follow-up on the citizen report from the Regional Chief of Police of Central Java to date.
- June 3, 2021: In response to the expiration of the Bener Dam Location Determination Permit (IPL), which will expire on June 5, 2021, several Wadas citizen representatives delivered a rejection letter and petition, which had been signed by over 18,000 people at the time.
- June 5, 2021: The Decree of the Governor of Central Java No. 539/29 of 2020 concerning the Extension of the Establishment of Land Procurement Locations for the Construction of the Bener Dam in Purworejo and Wonosobo Districts of Central Java Province has expired.
- June 7, 2021: Since the Extension of Location Determination Permit (IPL) of Bener Dam has expired, the Governor of Central Java Ganjar Pranowo issued a Decree of the Governor of Central Java Number 590/20 of 2021 concerning the Renewal of the Determination of Land Procurement Locations for the Construction of the Bener Dam in Purworejo District and Wonosobo County Central Java Province dated June 7, 2021 for a period of 2 (two) year on June 7, 2021. Decree No. 590/20 of 2021 was also issued at this time.
- July 15, 2021: Citizens of Wadas, represented by the Advocate Coalition for Justice GEMPADEDWA, petitioned the State Administrative Court Semarang with the Decree of the Central Java Governor Number 590/20 of 2021 concerning Renewal of the Determination of Land Procurement Locations for the Construction of the Bener Dam in Purworejo District and Wonosobo District of Java Province, and was assigned the case number 68/G/PU/2021/PTUN.SMG.
- July 2021: The Purworejo Land Office, accompanied by police officers, illegally measured and counted growing crops on residents' land twice, on July 15 and July 21, 2021, respectively. The land measurement process failed because residents rejected it.
- June-August 2021: Purworejo Polres contacted six Wadas residents and asked for information about alleged threats. The reason for the summons was fabricated. First, on July 26, 2021, three people were summoned by the police because residents were carrying sharp weapons while blocking measurements in the garden. Meanwhile, it is common knowledge that residents always carry sharp weapons when engaging in garden activities. Second, on August 4, 2021, three additional residents were summoned by police. When evicting other villagers who attempted to measure citizens' land, these three residents were deemed dangerous.
- August 30, 2021: The Wadas citizens' lawsuit was dismissed by the Semarang State Administrative Court.
- September 14, 2021: Residents of Wadas, along with the Advocate Coalition for Justice GEMPADEDWA, filed a cassation against the Semarang State Administrative Court's decision.
- September 16, 2021: Citizens of Wadas complained of alleged human rights violations in the form of repressive police officers, terror and intimidation of citizens, and others to the National Commission on Human Rights (Komnas HAM). Komnas HAM was still investigating alleged human rights violations in Wadas Village at the time this article was written.
- September 20, 2021: Almost every day, the police went to Wadas Village. There are indications that the police intend to terrorize and intimidate citizens. Some police officers carried long-barreled weapons and proudly displayed them to residents. Their justifications range from patrol, mask distribution, and basic resource distribution to simply visiting residents' homes under the guise of silaturahmi (developing relationships). However, when questioned by residents, the police were always unable to show their patrol administration documents, such as patrol schedules and plans, patrol duty letters, permits to carry firearms, and other patrol administration documentation, as stipulated in Perkabaharkam Polri No. 1 of 2017.
- January 6, 2022: Hundreds of Wadas residents gathered in front of the Purworejo Land Office and the BBWS-SO office to protest. This protest action was held in response to the land procurement implementation team's illegal measurement and calculation plan. Residents were also given the opportunity to speak with representatives from BBWS-SO. When residents questioned the BBWS-SO, the BBWS-SO walked away.
- January 15, 2022: Some Wadas residents received threats and terror via Whatsapp messages from someone claiming to be the Central Java Chief of Police's intelligence. The message stated that anyone who interfered with security officers or land acquisition officers carrying out their duties would be arrested. Furthermore, there are several posters with the Central Java Chief of Police logo attached at various points in Wadas Village, and they contain several Articles in the Criminal Code (KUHP) that will be imposed on Wadas residents who attempt to defend their land from illegal land measurement plans for mining.
- Monday, February 7, 2022: Thousands of police officers gathered and formed lines on Polres Purworejo, which lasted all afternoon. Several police tents were set up in Kaliboto Field, behind Polsek Bener. The location is very close to the Wadas village entrance.
- At night time, Wadas Village experienced a power outage, which rendered all electricity in the village inoperable. Furthermore, cellular and internet network signal termination occurs. This did not occur in other surrounding villages.
- February 8, 2022, approximately 07:00 WIB: One of the residents of Wadas and his wife, who were on their way to the city of Purworejo, took the opportunity to see the conditions around Polsek while having breakfast. Several police officers unexpectedly visited them, and some of them took these residents to Polsek Bener. After that, the wife fled and returned to Wadas. Following that, thousands of police officers armed with weapons, shields, and police dogs patrolled Kaliboto Square, accompanied by a measuring team from the Purworejo Land Office, which began entering Wadas village. Thousands of police were already blocking access to the village of Wadas. Thousands of police marching on foot accompanied police cars and trucks as they entered the village of Wadas. They took down protest banners belonging to Wadas residents.
- The police have completely taken control of the situation in Wadas. The police then surrounded several houses belonging to Wadas residents who refused to have their land seized.
- Thousands of these cops then swept in to seize several handphones (HP), some of the residents' agricultural equipment, and the knife equipment used by mothers to cook.
- Following that, the police conducted a random pursuit of several residents to the forest, and arrested several residents who were worshiping at the mosque.
- This police siege was meticulously planned and executed. The Police also closed off access to the village of Wadas, making any access to information difficult because the signal in Wadas Village was also cut off. Members of the solidarity movement and journalists were barred from entering due to a police guard stationed at the entrance.
- The police also arbitrarily arrested 63 people in this incident. One of them is LBH Yogyakarta's public advocate. Some of those apprehended were minors.
- Until night time, the public advocates for Wadas citizens were not permitted to provide legal assistance to the 63 people arrested.
- The public advocates are only permitted to accompany the arrested individuals on the following day, Wednesday, February 9, 2022.
- The police-led siege is still in effect. On February 9, 2022, the village of Wadas was still under the control of thousands of officers. The officers resumed sweeping at various locations, including mosques, village halls, residents' homes, and guard posts.
- From the day before, fear and trauma haunt the lives of the people of Wadas indefinitely. Dozens of children, relatives, and husbands were forcibly arrested by police for no apparent reason, adding to the anxiety of relatives waiting in the village. This has exacerbated the psychological state of citizens who have been waiting without access to information.
- Because of the ongoing siege, some of the Wadas residents' daily activities were hampered. Agricultural activities were not possible. Activities like producing handicrafts, weaving, rubber tapping, and livestock care became unworkable. This has an effect on citizens' economies.
- The disruption of Wadas residents' production activities as a result of the siege has harmed the citizens' economy and jeopardized Wadas citizens' logistics.
- The siege had the greatest impact on children. Fear has a significant impact on children's psychological well-being. In the village, there is no laughter of children playing. School education activities have been halted, and children are afraid to go to school.
- The police continued to sweep into residents' homes without permission and confiscating handphones (HP) to check messages or other digital activities carried out by residents of Wadas.
- Besides that, power outages and signal disruptions lasted until Wednesday, February 9, 2022.
- Later that night, using motorbikes, police officers patrolled the village of Wadas. While patrolling, officers yelled through megaphones (loudspeakers) for residents who oppose mining to immediately submit a Tax Return (SPPT) and Family Card (KK) as a basis for approval of a mining project (quarry) in Wadas.
- The siege still lasts until the 10th of February, 2022. It was only known today that a number of thugs were involved in the siege of Wadas, along with the Police and TNI officers.
- On Thursday, February 10 2022, police returned to several residents' homes to request SPPT and KK's surrender. Some visitors were threatened with arrest if they did not submit the requested documents. Officers sent at least ten people to each of the residents' homes they visited. In addition to requesting these letters, police officers in Wadas village forced residents to sign mining project approval letters.
- Besides that, Citizens are also troubled about police officers' behavior. During the siege, they occupied areas surrounding houses, mosques, and madrassah (schools). The officers even looted goods and used citizens' facilities without permission, such as brewing coffee and touring the village on residents' motorbikes.
- Because of the pressure that drove them scared in their own homeland, some residents were forced to flee to relatives' houses outside the village of Wadas during the siege that lasted several days.
- Within a few days, residents perceived the siege situation as unrelenting terror. In addition to psychological pressure, this siege terror separates residents from one another by separating relatives, neighbors, children from their parents, husbands from their wives, and younger siblings from their older siblings.
- Aside from psychological pressure, citizens were forced to flee in order to find a safe place from the officers who are still looking for reasons to arrest people on suspicion of causing provocations.
- This condition has once again hampered citizens' production activities. The deterioration of the economy has resulted in a reduction in citizens' logistical supplies.
- Despite gradually withdrawing from the village of Wadas in the afternoon due to increasing public pressure, the officers re-entered the village of Wadas at night. At 23:00 WIB, several motorcycle and truck vehicles returned to Wadas. They were dumped at various locations, including the village hall.
- Many of the Wadas villagers' rights have been violated as a result of these circumstances. Furthermore, the citizens of Wadas did not receive certainty until they were terrified by the return of officers to their village.
ANALYSIS OF LEGAL AND HUMAN RIGHTS VIOLATION
- The Land Procurement Plan in Wadas Village has been manipulated from the beginning
a. From the beginning to the present, all Wadas residents have opposed the mining plan for andesit stones, which are used to supply the Bener Dam construction materials. The mining plan was rejected and objected to from the start, particularly during the socialization and public consultation sessions. Residents sent several letters of rejection of mining plans in Wadas to BBWS-SO and the Governor of Central Java, in addition to expressing their displeasure through socialization and public consultation forums.
b. According to Article 20 of Act No. 2 of 2012 on Procurement of Land for Development in the Public Interest, if parties object to the land acquisition plan during a public consultation, another public consultation must be held. BBWS-SO, on the other hand, never held another public consultation after receiving citizen rejection in a public consultation forum.
c. According to the provisions of Article 21 of Act. Number 2 of 2012 on Procurement of Land for Development in the Public Interest, if citizens reject and object to the land acquisition plan during the public consultation forum, the Governor conducts and examination regarding the citizens' objections.
d. According to the provisions of Article 22 of Act No. 2 of 2012 on Procurement of Land for Development in the Public Interest, if citizens continue to refuse and object to the land acquisition plan after an examination of citizens' objections, the governor orders the agency that requires the land to submit a construction site plan elsewhere.
e. In the context of Wadas, the Governor of Central Java and BBWS-SO never held a public consultation or investigated citizens' rejections and objections to land acquisition plans. What happened was that the Central Java Governor issued a Determination of the Location of the Bener Dam despite rejection and citizen objections.
f. Another example of manipulation can be found in a lie stated in the mining plan contained in the Environmental Impact Analysis Document (ANDAL). According to the Environmental Impact Analysis (ANDAL) Document for the Development of the Bener Dam, Chapter II page 191 point 6 on Community Responses to the Quarry Area Plan, 86.05% of the community are willing to have the land transformed into the site of the andesite rock mine. The remainder responses are unwilling (0%), do not answer (4.65%), or have been unable to answer 9.30%).
g. According to the above description, the Government and BBWS-SO manipulated the ANDAL document by claiming that 86.05 percent of the community was willing to have their land mined and that only 0 percent of residents were unwilling to have their land used as mine sites. In reality, during the socialization and public consultation forums regarding the land acquisition, all of the residents of Wadas rejected the mining plans of andesite in Wadas Village.
- The Mining Plan is not a Development for Public Interests.
a. In the Bener Dam construction scheme, Wadas Village was planned to be used as an andesite mining site to supply the material needs of the construction of the Bener Dam. However, mining activities which were planned to be carried out in Wadas Village, were included in the Determination of Land Procurement Locations for Bener Dam.
b. Wadas Village, which was planned to be a andesite mining site to supply the Bener Dam construction materials, is included in the Bener Dam Location Determination Permit (IPL) through Decree of the Governor of Central Java Number 590/41 of 2018 concerning Approval of Determination of Land Procurement Locations for the Construction of the Bener Dam in Purworejo District and Wonosobo District of Central Java Province, Decree of the Governor of Central Java Number 539/29 of 2020 regarding the Extension of the Determination of Land Procurement Locations for the Construction of the Bener Dam in Purworejo District and Wonosobo District of Central Java Province, and Decree of the Governor of Central Java Number 590/20 of 2021 concerning the Renewal of the Determination of Land Procurement Locations for the Construction of the Bener Dam in Purworejo District and Wonosobo District Central Java Province.
c. According to Article 10 of Act No. 2 of 2012 on Procurement of Land for Development in the Public Interest, dam construction is a form of development in the public interest. Mining activities or dam construction activities, on the other hand, do not constitute development in the public interest as defined in Article 10 of Act No. 2 of 2012.
d. All activities or mining activities must be in accordance with Act No. 4 of 2009 on Mineral and Coal Mining and Act No. 3 of 2020 on Amendments to Act No. 4 of 2009 on Mineral and Coal Mining and its derivative regulations. It should not refer to Act No. 2 of 2012 on Land Procurement for Development in the Public Interest.
e. The inclusion of Wadas Village, which was planned to be the andesite stone mining area in the Determination of Land Procurement Locations for Bener Dam, is an arbitrary act by the ACCUSED because it is not based on applicable statutory provisions.
- The state cannot displace people arbitrarily
a. According to the provisions of Article 28H Paragraph (4) in the 1945 Constitution of the Republic of Indonesia, "Everyone has the right to have personal property rights and such property rights may not be taken arbitrarily by anyone."
b. According to the provisions of Article 36 Paragraph (2) of Act. Number 39 of 1999, "No person may be arbitrarily and unlawfully deprived of his property."
c. According to the First Point of the Commission on Human Rights Resolution 1993/77, "Affirms that the practice of forced eviction constitutes a gross violation of human rights, in particular the right to adequate housing (asserting that the practice of forced eviction is a grave violation of human rights, especially the right to adequate housing)."
d. Religion also prohibits the practice of arbitrary expropriation of land as stated in the Hadith, "Whoever takes an inch of land that is not his right, he will be covered by land weighing seven layers of earth on the Day of Judgment". (HR. Muslim)
e. Based on the concept of the Sharia Maqashid in Islam, maintaining and caring for private property rights (Hifdzul Mal) is mandatory law for all Muslims.
f. From the beginning to the present, the people of Wadas have consistently and vehemently refused to have their land taken and damaged for mining purposes. As a result, the government should not impose its will on citizens by taking their land arbitrarily.
From the beginning to the present, residents of Wadas have explicitly and consistently rejected the andesite mining plan to supply the construction materials for Bener Dam. The citizens, however, do not oppose the construction of the Bener Dam. STherefore, the solution to the agrarian conflict in Wadas is to stop the andesite mining plan for the supply of Bener Dam construction materials in Wadas Village and remove Wadas Village from the Determination of Land Procurement Locations for the Construction of the Bener Dam. What's more, BBWS-SO has had alternative mining plan locations besides Wadas Village. If the government continues to impose Wadas as a mining site for the supply of Bener Dam construction materials, then the construction of the Bener Dam will be hampered by the current social conflict in Wadas. The consequence of the impeded construction of the Bener Dam is the impeded water supply to Yogyakarta International Airport and Borobudur National Tourism Strategic Area (KSPN).