Dear All:
Apakah keadilan dan kebenaran yang hakiki menjadi suatu hal yang
langka di negeri ini? Kisah Nenek Minah adalah salah satu cerminan
carut marutnya hukum di Indonesia.
-- Moderator --
Kompas [Jakarta]
Friday, November 20, 2009
An Irony of Justice in Indonesia: Old Lady Sued for Three Cacao Fruits
KOMPAS.com — This is the irony in Indonesia. Corruptors who embezzled
billions of the people's money can escape the law. But Granny Minah
from Sidoarjo hamlet, part of Darmakradenan village, Ajibarang
district, Banyumas Regency, must face a law suit because of three
cacao fruits which are probably worth only Rp. 2,000.
Though till today, Minah (55) isn't imprisoned. She can still thread
the 3 km path from her home to the plantation to work daily. On her
way home from the plantation, Wednesday, this granny of seven
grandchildren seemed calm, though she was threatened with a six month
imprisonment. "I'm not giving up, but I'm just accepting whatever
happens," she said. "I did pick those cacao fruits," she added.
Previously, on October 19, the cacao theft that involved Granny Minah
had been handled by the State Attorney of Purwokerto. She was charged
for theft, which was for the three cacao fruits weighing 3 kgs that
she picked from the plantation of PT Rumpun Sari Antan 4 (RSA 4). How
much was the loss for the theft? Rp. 30,000 according to the attorney,
or Rp. 2,000 on the market!
Because of her action, Granny Minah was charged with chapter 362 of
the Criminal Code (KUHP), with the threat of 6 months of imprisonment.
Because the imprisonment sanction was only for six months so there was
no need for Minah to be in jail.
In the dossier (BAP) issued by the State Attorney of Purwokerto, Minah
was considered on house arrest. Currently, Minah has gone through her
second trial at the State Court of Purwokerto.
The law case against Minah started from her intention to add to the
cacao seeds at home last August. She claimed that she had planted 200
cacao trees on her plantation, but she felt those weren't enough, so
she wanted to add a few more.
Because she only wanted to add a few more seeds, she decided to pick
the cacao fruits from the cacao plantation of PT RSA 4 that was next
to hers. She claimed that she had picked three ripe cacao fruits, and
left them under their tree, because she wanted to harvest the green
beans on her plantation first.
Then Tarno (a.k.a. Nono), one of the foreman of PT RSA 4 plantation
who was patrolling then took the three cacao fruits. According to
Minah, Nono came to ask her who had picked those cacao fruits. "Then I
answered, I picked them for their seeds," she said.
Hearing the explanation, according to Minah, Nono warned her that it
was forbidden for the public to pick the cacao fruits on PT RSA's
plantation. The warning had been put up in front of the way in to PT
RSA 4's office, which was a quote from chapter 21 and chapter 47 of
the Law No. 18, 2004 regarding plantations. Both those chapters state
that it is forbidden for the public to damage a plantation for use its
property so that the plantation's production is disturbed.
Minah who happened to be illiterate agreed to that and apologized to
Nono, then surrendered to him the three cacao fruits. She then humbly
apologized in the local dialect. "Inggih dibeta mawon. Inyong ora
ngerti, nyuwun ngapura," she recalled her own apology to Nono as she
asked him to return with those three cacao fruits.
She never dreamed that the tiny mistake that she had already amended
would have further consequences, and could even drag her to court. At
the end of August, Minah was shocked over a subpoena by the Ajibarang
Police to be examined for her theft of three cacao fruits.
Furthermore, on mid October her case file was handed to the Purwokerto
State Court.
Offended by Injustice
Amanah (70), one of Minah's older sisters, expressed her concern for
her sisters fate. Especially since the judgement of the attorney for
Minah's charge was exaggerated, mainly regarding the value of the
loss.
According to her, a kilogram of wet cacao currently was worth around
Rp. 7,500. But the definition of wet cacao is the cacao seed that has
been gouged out of the fruit, not still in the fruit. But in the
prosecution it was mentioned that the loss was Rp. 30,000, or Rp.
10,000 per fruit.
In fact, from those three fruits, said Amanah, probably only 3 ounces
of wet cacao could be gotten. If sold they were probably worth only
Rp. 2,000. "People who corrupt in millions could walk away. But for
picking three cacao fruits things could get this complicated," said
Amanah, comparing her sister's predicament with the TV news she often
watched.
Ahmad Firdaus, one of Minah's sons, said, that their family truly
yearn for justice in the solution of his mother's case. According to
him, the law is heartless, but the authority upholding the law must
have a conscience. "We only hope that the judge would have a sense of
justice for our parent," he said.
Wednesday, Minah was present to defend herself, without a lawyer.
Since the start of her trial, she confessed, she has never had a
lawyer to represent her. "I don't know what a lawyer is," she said
plainly.
The public relations of Purwokerto, Sudira, said that the panel of
judges handling Minah's case had certainly offered a lawyer to Minah.
"That was obligatory for the judge to say. But possibly Mrs. Minah
refused," he said.
Regarding justice, Sudira said, it was up to the decision of the panel
of judges. For that the panel of judges will consider all the facts on
trial. "The result will depend entirely on the decision from the panel
of judges," he said.
The Judges' Verdict
To attend court in Purwokerto, Minah said she could spend Rp. 50,000
for the bike-cab and public transport. Not to mention for her meals on
the way. "Sometimes my son would pay for me," she said.
Before delivering the verdict the panel of judges also asked Minah,
who else gave her money to come to Purwokerto. "I was given Rp. 50,000
from the lady attorney, for transportation," said Minah as she nodded
to the public prosecutor, Noor Hananiah.
Noor Haniah who heard the answer could only look straight into Minah's
eyes.
Minah's elegy about the three cacao fruits she took touched the panel
of judges. While reading the verdict, the head of the panel of judges,
Muslich Bambang Luqmono had to choke back his tears.
Muslich confessed that he was touched since his parents were farmers too.
The panel of judges decided, Minah was sentenced for probational
arrest for 1 month 15 days. So Minah didn't have to be imprisoned,
provided that she didn' t commit any other crime in 3 month's period.
The trial ended with cheers from the locals who attended. Minah's case
can be an example that the resolution of legal issues in this country
could still go without listening to conscience or a sense of true
justice. (Madina Nusrat/C17-09)
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