JATAM - Mining Advocacy Network
Defiance of the Supreme Court Decision By Regent North Minahasa as Conflict Triggers In Bangka Islan PDF Print E-mail
Pers Release, 15 July 2014
Attacking each other with stones and machetes; casualties, with blood streaming in the head; Apparatus’ tear gas bullets braved the crowd. That bit of an overview of clashes between Kahuku Village residents which opposed to the mine with Ehe village which is pro-mining, on July 12, 2014. The clash is the culmination of the conflict on the Bangka Island which has been allowed to drag on by Regent North Minahasa, Sompie Singal, and the Governor of North Sulawesi, Sinyo Harry Sarundayang.

Regent's reluctance to implement the decision of the Supreme Court (MA) 291 K / TUN / 2013, which mandates the revocation of mining iron ore exploration permits of PT. Mikgro Metal Prime (MMP) in Bangka Island, is a major cause of protracted conflict on the island. The presence of PT. MMP in Bangka Island is fully supported by the Regent of North Minahasa and Governor of North Sulawesi, has brought ecological damage and social conflict in the community.

Not enough with the Supreme Court decision 291 K / TUN / 2013, even the head of the State  Administrative Court has issued an Execution Order Letter no. W4-TUN2 / 78 / HK.06 / VI / 2014, which ordered the Regent to implement the Supreme Court decision.

Citizens' initiatives to read the execution order letter at PT. MMP base camp even faced with a repressive measures from police apparatus and attacks from supporters of PT MMP. The police should have been able to remain neutral, not siding with the mining company that has been declared illegal by the Supreme Court and the Administrative Court of Manado. Citizens’ action should be a hard slap to the Police, the North Minahasa Regent, and the North Sulawesi Governor for their act of omission and protections against law violations by the company.

Citizens’ persistence in rejecting the presence of mining in Bangka Island is very reasonable. An Island that most of residents live from tourism, fishery and plantation, included in the category of small island which is prone to extractive industry activities. Claims North Sulawesi Governor and North Minahasa Regent that mining in Bangka Island will bring prosperity, in contrast to the social and environmental damage have occurred: Loss of sense of security due to the conflict that allowed to drag on; Damage of coral reefs due to reclamation process for dock construction that kill fishing and tourism potential; Communities’ productive lands that appropriated and destroyed.

Wahyu Nandang Herawan, from the Indonesian Legal Aid Foundation, said the presence of the military/police apparatus in Bangka Island was questionable. He also deplored and condemned the attitude of the military/police that were repressive and not neutral. "Members of the military/police and other parties that cause casualties on the part of citizens opposed to the mining, should be responsible". "We also urge the police not to take advantage of post-clash situation to criminalize citizens," he said.

Campaigner of Mining Advocacy Network, Ki Bagus Hadi Kusuma, asserted that the attitude  of Regent and Governor who insists to defend the mining in Bangka Island is disobedience to the law. "What kind of welfare promised by the Regent and Governor, when they violated the law that was supposed to be obeyed. Assurance of people’s safety and living space should have precedence over the interests of investors ".

Edo Rakhman, Campaigner of Walhi National Executive, assessing North Minahasa local government and North Sulawesi provincial government have intentionally done weakening against the law in Indonesia. "If the regent and governor in Indonesia behave like Sompie and Sarundayang, then surely the Supreme Court would be useless anymore in Indonesia". "People want to strengthen the position of the State with law enforcement, but rather the government that deliberately undermines the rule of law at the expense of the people," he concluded.

YLBHI, JATAM, WALHI Nasional, LMND Nasional,, Greenpeace Indonesia, KIARA,LBH Manado, KMPA Tunas Hijau, WALHI Sulut, AMMALTA

Wahyu Nandang (YLBHI)             : 085727221793

Ki Bagus Hadi Kusuma (JATAM)  : 08578198582

Agus Priyanto (LMND)                 : 08569112145
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