Commission III Reminds of New Criminal Code Amidst Criminalisation of Agrarian Activists
Jakarta (ANTARA) - The Indonesian House of Representatives (DPR RI) Commission III has issued a reminder regarding the implementation of the new Criminal Code (KUHP) during a meeting discussing the criminalisation of agrarian activists, held alongside the Agrarian Reform Consortium and the East Nusa Tenggara Regional Police.
Serving as the meeting chair, the Chairman of Commission III, Habiburokhman, stated that Article 36 of the new Criminal Code stipulates that an individual can only be punished for criminal acts committed with intent. “Under Article 36, no one can be penalised without intent. In this case, the offence involves entering someone’s yard, despite the underlying land dispute between the parties,” he said at the parliamentary complex in Senayan, Jakarta, on Monday.
Habiburokhman made these remarks in response to an explanation from the East Nusa Tenggara Regional Police regarding the handling of alleged criminal offences involving unauthorised entry into a property, involving an advocate, an activist, and two tribal chiefs. They were reported by PT Krisrama, formerly known as PT Perkebunan Kelapa Diag. The four suspects are alleged to have violated Article 167 paragraph (1) in conjunction with Article 55 paragraph (1) 1st of the old Criminal Code.
He noted that law enforcement agencies should approach cases between corporations and agrarian activists by adhering to both the new Criminal Code and the new Criminal Procedure Code (KUHAP). “Because the previous system was inadequate, I believe we have now regulated it properly and wisely within the new KUHP and KUHAP,” he added.
Habiburokhman also emphasised that Commission III would act as a guarantor for agrarian activists facing legal proceedings to ensure they are not subjected to detention. Furthermore, he urged members of Commission III involved in the Special Committee for Agrarian Conflict Resolution to maximise their performance, particularly in protecting the community from criminalisation.
During the meeting, the Secretary General of the Agrarian Reform Consortium, Dewi Kartika, explained that based on member reports for the 2025–2026 period, there have been 123 cases of criminalisation involving 113 victims. These cases occurred across 12 provinces, with 91 cases related to plantation conflicts, eight related to forestry conflicts, and 21 related to mining conflicts.
Dewi expressed hope that Commission III of the DPR could actively support the resolution of structural agrarian conflicts through constructive and humanistic dialogue, while encouraging an end to the involvement of security forces and repressive approaches. She also urged the Chief of the National Police to issue directives to regional and local police forces to cease the summoning, investigation, and prosecution of farmers and indigenous communities in various regions.