Even though the client was a South Korean citizen who was not fluent in Indonesian.
Jakarta, internadionalpos.com
Attorney OC Kaligis sent a letter to the Inspectorate General (Irjen) of the Ministry of Environment and Forestry (KemenLHK) regarding alleged forestry crimes in Tikke Village, Pasang Kayu District, West Sulawesi.
“My clients Kwon Kipup, Wahab Tola and You Young Kayu were detained by Civil Servant Investigators (PPNS) at the Mamuju prison because of accusations of storing sand in a protected forest,” said OC Kaligis in Jakarta, Wednesday (25/9/2024).
Kaligis said that his client was not guilty because the efforts were made outside the protected forest area, that the efforts were on land belonging to local residents, namely Wahab.
Who has a Certificate of Ownership (SHM) Number 266, Tikke Village, Pasang Kayu. He said that the land where the sand was stored was not a forest area but was land owned by Wahab Tola with land lease status (lease) based on an agreement that the land belonged to Wahab.
Meanwhile, the land already has a certificate and until now it has never been canceled and the land has been occupied by Wahab for generations.
However, based on the letter from the Forestry Service of the West Sulawesi Provincial Government No.500.4.3/38/2023 dated 10 July 2023.
Regarding verification of PIPPIB status, the reply to Wahab’s letter stated that the requested location was in another use area, not a forest area.
Even around this location, the sand storage business is used by many other entrepreneurs who operate in that area.
According to him, the arrest of the client on August 16 2024 by PPNS, Director General of Law Enforcement, Ministry of Environment and Forestry, without showing a letter of assignment and without explaining what crime and article he was accused of.
“Arrest and detention without an investigation warrant notifying the family is contrary to Article 21 paragraph 2 of the Criminal Procedure Code,” he said.
Even so, the client’s detention, he said, was carried out on August 16 2024 but the detention order was only signed on August 23 2024.
Likewise, on 15 and 16 August 2024, Gakkum confiscated the client’s heavy equipment without a permit from the Head of the local District Court.
This is contrary to Article 129 and Article 130 of the Criminal Procedure Code. He added that on August 17 2024.
Investigators conducted an Investigation Report (BAP) on the client without being accompanied by a lawyer and without a language translator.
Even though the client was a South Korean citizen who was not fluent in Indonesian.
Kaligis requested that a special case be held at the National Police Headquarters and that his party had contacted the Head of the Korwas Bureau at the National Police Headquarters.
Brigadier General R. Firdaus Kurniawan because the PPNS investigators were not coordinating with the police.
The special case hearing is for the sake of fairness and objectivity in the case examination and professional law enforcement.
So the examination of the three clients will be postponed until the case hearing is completed.
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