Uncovered in Court! There is Criminal Engineering in the Regions Area 45 Sungai Buaya

TogogNews |
Revealed in the judicial review of the criminal case filed by Hendy T Haroen through Advocate Ir. Tonin Tachta Singarimbun SH from ANDITA'S LAW FIRM Jakarta, that Decree of the Minister of Forestry Decree No. SK. 93 / Kpts-II / 1997 on the granting of HTI concession rights over forest area of ​​+/- 43.100 hectares, has not been executed or not yet definitive due to legal defect after being issued in the absence of extensive certainty by putting a +/- sign on the decree, and the decree is issued on the basis of a temporary sign so that in the decree it is stated that the rearrangement or re-measurement as stated by Witness Idris Sarong Al Mar is a retirement from the Ministry of Forestry in 2006, lampungdaily.com (Monday, 05/02/18) .

Obligations of PT. Silva Inhutani Lampung since receiving the decree is also firmly obligated to the community who already owns the land, cultivate the land and others, inside the Register 45 area of ​​extension to be replaced or excluded from the Production Forest, as well as 400 Hectares land owned by Hendy T Haroen that has been planted with oil palm gradually since 1996 which has been revealed in the trial of the previous owner Abdul Bahusin family never release his land to the State or to PT Silva Inhutani Lampung, thus it is fitting that the 400 Hectares land should be excluded from Production HTI.

"With the exclusion of 400 hectares from HTI Register 45 Sungai Buaya, the Tulang Bawang Police Investigator, the Prosecutor of Menggala and the Menggala District Court have committed a criminal act for punishing Hendy T Haroen who worked on and planted his own land excluding the land within SK No. 93 / Kpts-II / 1997, "Tonin said.

To the media, Ir. Tonin Singarimbun, SH, said the investigator, prosecutor and judge who handled the criminal case have failed to understand the decree and only understand the title alone by ignoring the contents of the decree which also protects the land belonging to Hendy T Haroen in dictum to 4 decree no. 93 / Kpts-II / 1997.

"Proven in the investigation file and in the criminal proceeding is never revealed the decree about what and what is protected and which is still not guaranteed by the decree, so it is fitting that Hendy should be released by law because of unfulfilled element of forestry crime because 400 Hectar land only unilaterally by PT Silva Inhutani Lampung and forestry officers who are blindly declared to be HTI area, "he said.

Several NOVUMs are mentioned by Advocates who are entitled to Engineers on the discovery of an Official Report of August 1986 stating "the provision of temporary stakes in Registry 45 area, former PT Global concession and people's land," and "Stone Gutters not to be moved", confirmed through Witness Idris land 400 hectares as previously belonged to the Abdulah family is the intended news event.

Witness Sodri, who is a descendant of Bahusin with the title of Pasirah, grants 32,100 hectares of land to become a forest of prohibition which then becomes Register 45, and the witness is directly adjacent to the northern boundary of 400 Hectares and only Hendy T Haroen who was criminalized by PT. Silva Inhutani Lampung. Answered on the conversation outside the trial "why only Hendy who was convicted because 400 hectares of land has an economic value of oil palm such as robbing," said Sodri.

Revealed also in the trial HTI planted cassava is never planted that is not in accordance with the purpose of the HTI. At the end of the statement also revealed the legal clarity regarding the authority of the National Land Agency (BPN) against the enclav or land such as 400 Hectares or belonging to the family of Abdulah Bahusin became his authority, although coordinates in the Register 45 Sungai Buaya.

The public prosecutor (Prosecutor) who was a petitioner in the case of the PK never disputed the NOVUM proposed by Adv. Ir. Tonin Tachta Singarimbun, SH and only describes what has become the fact of the trial at the stage of the district court and according to Ir. Tonin Tachta Singarimbun, SH, the 2nd prosecutor has not enough experience of PK trial as expected that the prosecutor should be Senior Attorney or at least Head of Section for Pidum, "said Tonin.

The panel of judges in the PK trial was quite active in finding the material truth and the subsequent trial was postponed 2 weeks on 19 February 2018 as the prosecutor was not ready to submit his conclusions on Monday 12 February 2018, as the approval of his superiors was still needed for the conclusion to be submitted.

Journalist: Chandra Foetra S.
Editor: Ummi Khalsum


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