DPR Asks Restorative Justice For Mother Of Palm Oil Factory Demonstrators In Labuhanbatu

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JAKARTA - Commission III of the DPR asked law enforcement officials to use restorative justice to Tina Rambe, a mother who was arrested for demonstrating against the operation of the Palm Oil Factory (PKS) in Labuhanbatu, North Sumatra.

"Law enforcement officials should use a restorative justice approach to solve social problems between the community and the company," said Prince Khairul Saleh, Monday, September 9.

Gustina Salim Rambe or Tina Rambe and two of their activist friends were arrested during a demonstration against the operation of the Palm Oil Factory (PKS) PT Pulo Padang Sawit Permai (PPSP) on Monday, May 20, 2024. The rejection occurred because the palm oil factory was considered to have an impact that caused the surrounding community to noise, smell, air pollution, and pollution of well water and rivers.

Moreover, the location of the palm oil factory is right next to the school, which disturbs the comfort of students and threatens the safety of children considering that many factory operational trucks are passing by. Tina is known to have loudly voiced the rejection of PKS's operations.

Of the three people arrested, two of them have received a suspension of detention. Only Tina Rambe is still in custody, and is currently submitting a pretrial hearing but no court decision has yet been made. He was named a suspect in the alleged case of resistance against the authorities when he was for the rights of citizens regarding the rejection of PKS operations.

Pangeran said law enforcers should be wise by providing restorative justice or restorative justice in cases such as Tina because it involves the welfare of the community.

"Because the restorative justice approach is the settlement of criminal cases involving dialogue and mediation between victims, perpetrators, and the community," he said.

"The National Police Chief has also advised about this so that the police take a humanist or soft approach approach and use restorative justice for criminal cases related to social issues such as disputes like this," continued Pangeran.

The problem of residents' rejection of the operation of palm oil factories in Labuhanbatu has actually been going on for a long time since 2017, but it has caught the public's attention because recently Tina's video while being a prisoner went viral on social media. There are two videos of Tina Rambe that are of public concern.

First, Tina's video while talking and hugging her child, who is still under five years old from behind bars. Prince criticized law enforcement insensitivity and questioned why only Tina did not get a suspension of detention.

"The apparatus can use discretion. A special room can be prepared so that the person concerned can meet his child in a room without any barriers. It's a pity that his son has to see his mother imprisoned like that, this is about humanity," he said.

"The apparatus must also be able to explain why only this mother did not receive a suspension of detention and why her pretrial process was not decided. This violates legal certainty as well," Prince continued.

The second viral video in the spotlight shows Tina not being allowed to meet her child when she is undergoing trial in court. Although there are rules regarding this matter, Pangeran said, the officer should have been wiser.

There should be a little sense of empathy for a mother who wants to meet her daughter. The time was even prevented. Prosecutors and police officers can give relief giving time on guard. After all, no one is harmed and also gives it to the suspect when he meets his son," he said.

Pangeran pun meminta penegak hukum untuk melakukan dialog antara perusahaan, masyarakat, dan pemerintah untuk menyelesaikan perdapatan secara damai. Penyelesaian konflik melalui dialog konstructif dapat menghindari escalasi dan memastikan bahwa hak-hak masyarakat dilindungi tanpa harus mengandalkan tindakan tindakan hukum yang repressif.

"Prioritize restorative justice in resolving a case related to social problems. This is of course in accordance with the qualifications stipulated in the Regulation regarding RJ. So that people can feel justice from law enforcement officers, not just arrested and diesel without good words and explanations," explained Pangeran.

Pangeran reminded law enforcement officials not to let the detentions made against Tina Rambe and other residents be considered as a form of criminalization and violation of human rights (HAM). In this case, it is the right to express opinions in public.

"The demonstration action carried out is protected by our constitution. Do not get the wrong idea. Law enforcers must be able to see this problem more comprehensively, and give the best solution. It's not just arrest, "said Prince.

Commission III of the DPR in charge of law enforcement affairs also requested that the arrest of the participants of the demonstration be carried out as the last resort. That too, according to the Prince, was carried out if the demonstration resulted in heavy losses.

"And Tina Rambe's mother deserves restorative justice and also a suspension of detention, because she has a small child. Law enforcers must make this a consideration," he said.

Furthermore, Pangeran emphasized the need for an in-depth evaluation of the policies and phenomena of companies that tend to take legal action to take action against citizens. He also asked the Government to check the operational permits of PT PSSP whether they had met the requirements, including AMDAL.

"Don't let the law be sharp downwards and blunt upwards let alone no viral no justice. Law enforcement officials must ensure that actions against protests are carried out fairly and not only benefiting the interests of corporations," said Prince.