Feeling Criminalized, Residents Of Palangka Raya Arrested After Selling Their Own Land Reported By The Police Divpropam

Hajj Imron's Attorney In Jakarta/ Photo: IST

JAKARTA - A man who is a resident of Jalan Riau, Palangka Raya City, has been named a suspect for selling his own land. How could he? The man named Bachtiar Rahman or Haji Imron was named a suspect by investigators from the Central Kalimantan Police Ditreskrimum on suspicion of false information in the deed of sale and purchase of land.

Allegations of criminalization have also surfaced. Especially after the police made arrests, making him a suspect and then detained at the Central Kalimantan Police since May 30, 2023.

Imron's attorney, Parlin Bayu Hutabarat reported the alleged criminalization to Kompolnas, Bareskrim Polri Headquarters, and the Police Propam Division. Not only that, Imron's attorney also reported to Komnas HAM, Coordinating Ministry for Political, Legal and Security Affairs (Menkopohukam), and Indonesia Police Watch (IPW).

"We have reported this criminalization to six institutions to get justice for Haji Imron. We have provided documents and chronology regarding this case. We have also received a receipt for the submission of the report file," said Parlin Bayu Hutabarat at the National Police Headquarters, Thursday, June 8.

"My client Bachtiar Rahman or Haji Imron has been named a suspect on suspicion of a criminal act of giving false information to Article 226 KHUP in the Sale and Purchase Deed (AJB) dated April 4, 2022 which was made before the notary Pioni Noviari," he continued.

According to Parlin, the problem faced by his client is a civil law incident that cannot be drawn into the realm of criminal law. Therefore, Parlin said, the determination of the suspect is a form of criminalization by law enforcement agencies.

Central Kalimantan Police and the company have not provided an official statement regarding this case. Meanwhile, the Director of General Crimes at the Central Kalimantan Police, Kombes Pol. Faisal F Napitupulu, who was contacted by reporters, has not yet provided an answer.

Furthermore, regarding the chronology of this case, Parlin said, initially Haji Imron rented out his land to one of the coal mining companies or called PT STP. The lease agreement is valid from September 30, 2019 to September 29, 2031 based on a land lease agreement made in front of notary Irwan Junaidi.

There are four terms of land lease payment agreed by both parties. Two terms of land lease payment went smoothly.

The problem arose when the payment for the third term of land lease was due. When Imron asked for land rental payments, the STP refused to pay on the grounds that it had spent money on backfilling and hoarding land, which should not be a problem in the lease agreement.

Because he needed money to pay his business bill, Imron offered verbally to the STP to buy the land. However, STP rejected the offer.

Finally Haji Imron sold the land leased to the STP to a person named Tan Rika Hadisubroto. STP knows about this sale.

Sales were recorded in the sale and purchase deed between Imron and Tan Rika Hadisubroto in front of Notary Pioni Noviari on April 4, 2022, there is a provision that the land can be physically owned by buyers (Tan Rika) after the land lease period by STP ends.

"This means that STP still controls the land until now and there is no loss at all," said Parlin.

After knowing that there had been a sale and purchase of land, on July 15, 2022, the STP Director even reported the immun to the Central Kalimantan Police on charges of fraud. Imron also filed a civil lawsuit with the Palangkaraya District Court on October 17, 2022. The lawsuit was registered to cancel the Imron and STP lease agreements.

"Until now, the civil trial is still ongoing," said another Haji Imron attorney, MH Roy Sidabutar.

On January 20, 2023, said Parlin, his client received a summons from the Central Kalimantan Police for questioning regarding the STP report. The Central Kalimantan Police then named Haji Imron as a suspect on May 23, 2023.

"Our client was then arrested and detained on May 30, 2023," continued Roy.

According to Parlin, his client's land was used as a port and in accordance with the land lease agreement letter based on Article 1548 of the Civil Code. But strangely, added Parlin, the Central Kalimantan Police forced to use criminal law.

"In fact, PT STP is actually a default or does not carry out its obligation to pay the land rental fee but still uses the land. This is clearly criminalization and violates our client's human rights," said Parlin.