Regarding the Bangkal Tragedy, Central Kalimantan Police and Company Pay Dayak Customary Fines

The Central Kalimantan Regional Police and an oil palm plantation company in Seruyan Regency have been fined for the tragedy that occurred in Bangkal.

KOMPAS/DIONISIUS REYNALDO TRIWIBOWO

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PALANGKA RAYA, KOMPAS — The Dayak Traditional Council of Central Kalimantan has imposed customary fines on the Central Kalimantan Regional Police and palm oil plantation companies in Seruyan Regency for the tragedy that occurred in Bangkal Village. However, the customary fine does not eliminate the criminal responsibility that must be faced by the perpetrator of the shooting which killed a citizen in the incident.

The traditional trial was held in Palangka Raya City, Central Kalimantan, which was attended by representatives of Central Kalimantan Regional Police, representatives of PT Hamparan Masawit Bangun Persada (HMBP), and the victim of a gunshot wound, Taufiknurahman (22). The session was chaired by the Mantir Basara Hai Meeting Council of the Dayak Traditional Council (DAD).

In the hearing, Taufiknurahman was the only victim present. With difficulty, Taufiknurahman came with his family. He traveled five hours by land to attend the Dayak customary hearing. Taufik had to use a walking aid (crutches) and was carried several times by his family during the hearing. He was one of the injured victims in the clash between residents and the police forces in Seruyan.

Chief Let (judge) of Dayak Customary Peace, Cardinal Tarung, said that the trial was held at the request of the family of the victim who was shot, namely Taufiknurahman. As a result of the clash, Taufik was disabled for life. With that consideration, the judge set a customary fine or what is called jipen of IDR 335,500,000 for PT HMBP and the Central Kalimantan Regional Police. PT HMBP and the Central Kalimantan Regional Police are the first and second respondents.

KOMPAS/DIONISIUS REYNALDO TRIWIBOWO

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”The meeting of mantir and let customary peace decides. "First, the first respondent and the second respondent paid a fine to the applicant for the injured victim, Taufiknurahman," said Cardinal Tarung who read out the decision in the Kaharingan Center Hall, Palangka Raya City, Friday (19/4/2024).

The details of the customary fine imposed or jipen are the customary criminal fine singer biat himang 100 kati ramu multiplied by IDR 250,000, which is IDR 25 million. Then singer banguhan, penyau sangguh, penyau penyang 130 catties of ramu times IDR 250,000 equals IDR 32,500,000.

Furthermore, PT HMBP and the Central Kalimantan Regional Police are also required to pay a fine of singer selem balai 125 catties of ramu times IDR 250,000 or the same as IDR 31,250,000. They also have to pay singer tipuk danum 75 catties of ramu times IDR 250,000 which is the same as IDR 18,750,000. Finally, the company and the police had to pay a fine to singer kasuku not yet bahadat amounting to IDR 228 million.

Also read: Regarding Information on the Bangkal Tragedy, the Central Kalimantan Police Reported it to the Ombudsman

"Singer is the punishment, while jipen is a fine for that punishment," said the Cardinal.

The fines, according to Kardinal, were actually a form of traditional goods known as kati ramu, but now translated into money. The customary law used refers to the customary law established in the Tumbang Anoi Agreement, which was set in 1894.

In that hearing, Taufiknurahman was the only victim present. With difficulty, Taufiknurahman came with his family. He traveled five hours by land to attend the Dayak customary hearing.

During the trial, both the victim and the respondent were given a traditional ceremony with a hinting or limit placed on them. The hinting is filled with prayer chants. The hope is that, if not fulfilled, disaster could befall the respondent. At the same time, the fines were immediately paid by representatives of the two respondents. When the fine is paid, the hinting is released.

"This decision is final and binding and takes effect after it is read and adopted," said Cardinal Tarung.

The Bangkal tragedy occurred in October 2023. At that time, residents demanded plasma plantations as a company obligation which had not been granted. The residents who carried out the action clashed with the authorities and left dozens of people injured, Taufiknurahman was hit by live bullets, as was Gijik who died on the spot. Currently, the police suspect is being tried in court.

DAD Secretary for Central Kalimantan Province, Yulindra Dedy, said that the traditional assembly with the theme basara hai maniring tuntang, manetes hinting bunuin Bangkal Village, did not interfere with ongoing legal cases. The traditional peace session is an effort to reconcile the conflicting parties.

KOMPAS/DIONISIUS REYNALDO TRIWIBOWO

Representatives from Kalteng Regional Police and PT HMBP were given a customary ceremony during the Dayak customary hearing in Palangka Raya city, Kalteng, on Friday (19/4/2024). Both of them were fined hundreds of millions rupiah.

"This has been a long process of our traditional institution's efforts to resolve the prolonged conflict in Bangkal Village, taking approximately six months from October 2023. With humility from all parties to solve this problem, today's hearing can finally take place," said Dedy.

According to Dedy, the decision that has been announced by the Basara Hai customary law assembly is already based on the customary law articles of Tumbang Anoi 1894. Therefore, the decision is final and binding.

"So, this customary law, the ultimate goal is peace. To achieve peace, there must be agreement among all parties," said Dedy.

Dedy hopes that the community, companies, and officials not only prioritize their rights in resolving conflicts with the community, but also together pay attention to their respective obligations.

Unfortunately, when met by Kompas and other journalists, representatives from the Central Kalimantan Regional Police and PT HMBP were reluctant to comment regarding the traditional trial.

Also read: Families of Bangkal Tragedy Victims Seek Justice in Jakarta