Court Acquits Dayak Tidung Human Rights Defender of criminal charges brought by APRIL subsidiary

The Dayak Tidung defender was cleared of charges that he was encroaching on a land owned by a pulp and paper company that is part of APRIL group.  

Tanjung Selor, North Kalimantan, Indonesia (October 14, 2024) – In a landmark decision for indigenous land rights in Indonesia, the Tanjung Selor District Court today acquitted Mr. Ahmad bin Hanapi, an indigenous Dayak Tidung human rights defender, of all criminal charges filed against him by PT Adindo Hutan Lestari (PT AHL), a subsidiary of  APRIL Group, one of the largest pulp and paper companies globally.  

The criminal charges stemmed from a police report filed by PT AHL on February 26, 2024, accusing him of land encroachment within the company’s concession area. This accusation arose from a protracted dispute over Mr. Hanapi’s refusal to allow PT AHL to plant acacia trees on his ancestral lands, which he continues to cultivate for his family’s subsistence. 

Had the charges been upheld, Mr. Hanapi faced severe consequences, including a potential 10-year prison sentence and a fine of 5 billion rupiah (approximately $320,000 USD). 

The trial commenced on June 3 and revealed significant procedural irregularities. Notably, Mr. Hanapi was denied legal representation during critical early stages of the investigation. Asep Y Firdaus, head of the Defendant's Legal Advisory Team, pointed out, ‘this is a clear violation of human rights, Indonesia’s Criminal Procedure Code and contradicts the Supreme Court's jurisprudence’.  

Throughout the trial, Mr. Hanapi steadfastly denied the allegations against him. Defence witnesses affirmed that the lands in question are the customary lands of Buong Baru village, Tana Tidung district, and confirmed that PT AHL’s concession boundaries have never been ‘Clean and Clear’ (as required by government policy) since the company was granted its Industrial Plantation Forest lisence (HTI) in 1996. 

 

“PT AHL has shown a complete disregard for the Dayak Tidung indigenous peoples of Buang Baru, neglecting to consult with them or obtain their consent for its operations," Said Mr. Gami Ikram, who works for local indigenous rights NGO, Green of Borneo and has supported Mr. Hanapi’s family since his arrest on 25 March.  

 

Evidence presented at the trial revealed that to date, PT AHL had failed to comply with requirements of its HTI license. According to Articles 14 and 15 of Indonesia's Forestry Law, license holders must formally delineate their concession area. However, Mr. Hanapi’s legal team demonstrated that PT AHL had not addressed the land claims of Buong Baru.  

Darwis, director of Green of Borneo,  elaborated that “PT AHLs concession overlaps 70% of the total area of Tana Tidung district.” 

 

“This problem is not unique to Buong Baru village; there are tens of indigenous communities impacted by PT AHL’s operations,: Darwin said. 

 

This is particularly significant as APRIL group is currently seeking reassociation with the Forest Stewardship Council (FSC), the world’s leading sustainable forestry certifier, after being disassociated in August 2013 for destructive forestry practices.  

In 2012, the Constitutional Court acknowledged the existence of customary forests and the rights of indigenous peoples within traditional territories, challenging the government’s designation of certain forest areas.  

Mr. Hanapi’s defence argued that the legal status of the forest area where PT AHL operates remains disputed and unclear — a position the Tanjung Selor Court upheld.  

Expressing gratitude for his acquittal, Mr. Hanapi stated that the decision reflects the community's sense of justice. He emphasized, ‘many other villagers have faced similar threats of criminalization for defending their ancestral lands’. 

Darwis warned that Mr. Hanapi’s trial serves as a critical test case. 

 

‘PT AHL is attempting to use the courts and criminalization to silence indigenous peoples defending their land rights. If PT AHL had succeeded, we believe it would have led to a wave of similar cases against indigenous peoples resisting their operations: he said  

 

Asep further emphasized;  

 

This decision serves as a reminder for forestry business permit holders to adhere to the applicable laws of Indonesia and fulfil their legal obligations in conducting their business operations’. 

 

Angus MacInnes of indigenous peoples rights NGO Forest Peoples Programme concluded ‘this case mirrors other instances of criminalization against human rights defenders in Indonesia.” 

 

“We urge APRIL and other companies to respect indigenous peoples’ land rights and to avoid criminalizing community members in land disputes. Instead, we advocate for resolving tenurial conflicts through deliberation, mediation and consensus.” 

 

PT AHL has until 13 November to file an appeal. 

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Contact 

For more details, please contact: 

Angus MacInnes  

Indonesia Project Officer 

Forest Peoples Programme 

angus@forestpeoples.org 

+36 30-975-3212 

Asep Y Fidraus SH.MH 

Legal Consultant 

Safir Law Office 

firdaus.ay@gmail.com 

+62 816-207-676 

Further information:  

APRIL’s remedy process with the FSC 

APRIL group is currently seeking reassociation with the Forest Stewardship Council (FSC), the world’s leading sustainable forestry certifier, after being disassociated in August 2013 for destructive forestry practices. 

In November 2023, APRIL and the FSC signed an agreement that initiated the implementation of APRIL’s remedy process, which includes PT AHL within its scope.  

The court’s findings could have far-reaching consequences for APRIL’s remedy process. Not only did PT AHL fail to comply with the requirements of its license, but the court also found that the legal status of the forests claimed by PT AHL for its concession remains undetermined. 

Images:

Caption: Following his acquittal, Mr. Ahmad bin Hanapi returned home to Buong Baru – Credit: Green of Borneo