JAKARTADAILY.ID – The National Human Rights Commission (Komnas HAM) has been monitoring conflicts between residents and gold mining companies on Mount Tumpang Pitu in Pesanggaran District, Banyuwangi Regency since 2015.
The National Human Rights Commission received complaints from the public rejecting the existence of the Gunung Tumpang Pitu gold mine managed by PT Bumi Suksesindo, a subsidiary of PT Merdeka Copper Gold Tbk.
According to the National Human Rights Commission, PT Merdeka Copper Gold Tbk, which has the stock code MDKA, has been granted a Mining Business Permit for production operations since 2012, but the issuance of the permit has caused resistance from residents in the surrounding areas.
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The operation of the gold mining industry on Mount Tumpang Pitu has social-ecological and safety impacts on people's living spaces in five villages: Sumberagung, Pesanggaran, Sumbermulyo, Kandangan, and Sarongan.
One of the residents who opposed the gold mine was Heri Kurniawan, otherwise known as Budi Pego.
Together with dozens of residents of Pesanggaran Sub-District, Budi Pego put up a banner against the Tumpang Pitu gold mine on April 4, 2017. However, in the middle of the banner display, an insert banner with the Hammer and Sickle logo was placed, which was not made by the residents.
Despite being supervised by the Babinmas and Babinkamtibmas of Pesanggaran District during the creation of the banner, Budi Pego was sentenced to 10 months in prison by the Banyuwangi District Court in 2017. The East Java High Court upheld the decision, and the Final Panel of Judges of the Supreme Court sentenced Budi Pego to 4 years in prison on October 16, 2018.
The National Human Rights Commission believes that Budi Pego's rights as a human rights defender are guaranteed and recognized in the Indonesian national legal system. According to the Declaration of Human Rights Defenders, every person has the right to promote and fight for the protection and fulfillment of human rights and fundamental freedoms at the national and international levels.
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The rights of human rights defenders are reaffirmed in the main human rights instruments at the national level, namely Law no. 39 of 1999 concerning Human Rights.
In addition, Article 66 of Law no. 32 of 2009 concerning the Protection and Management of the Environment states that everyone who fights for the right to a good and healthy environment cannot be prosecuted criminally or civilly sued.
The National Human Rights Commission has issued Standard Norms and Regulations (SNP) regarding the Protection of Human Rights Defenders through Komnas HAM Regulation Number 4 of 2021. Number 46 provides protection for human rights defenders in the environmental sector. Komnas HAM regrets the execution of Budi Pego on Friday, March 24, 2023, and asks President Joko Widodo to provide amnesty for him.
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