Using the Latest Constitutional Court Decision, PKSDA Urges North Maluku Police to Stop Criminalizing 14 Sagea Residents

Viralterkini.idJAKARTA – The North Maluku Police’s move to send summons to 14 residents of Sagea-Kiya Village, Central Halmahera, triggered a wave of sharp criticism from various groups. Observers of Natural Resources Management (PKSDA) consider that the police’s actions constitute a systematic error in the law enforcement stage that ignores the people’s constitutional rights.

PKSDA Coordinator, Hamdan Halil, stated that the use of Article 162 of the Minerba Law to ensnare residents who refuse mining is a very premature step. According to him, the authorities should prioritize auditing the operational legality of PT Zong Hai Rare Metal Mining Indonesia rather than targeting residents who are struggling to protect their homeland.

“There is a legal logic flaw if the police process residents without first verifying the validity of the company’s permit. In terms of legal hierarchy, Article 28H of the 1945 Constitution guarantees citizens’ rights to a healthy environment. This human right is the most basic and cannot be reduced, limited or suspended by the state under any circumstances (non-derogable rights) whose position is far above the mining administrative permit,” stressed Hamdan in his official release.

PKSDA’s legal study emphasizes that the position of citizens is now stronger with the Constitutional Court (MK) Decision Number 119/PUU-XXIII/2025. This decision emphasizes the substance of Article 66 of Law Number 32 of 2009, which states that anyone who fights for the right to a good and healthy living environment cannot be prosecuted criminally or sued civilly.

Based on the Constitutional Court’s decision, this legal protection is specifically interpreted to protect public participation and affected citizens from acts of retaliation through legal action or counter-criminalization. This is known as Anti-SLAPP (Strategic Lawsuit Against Public Participation) protection, which aims to ensure that legal instruments are not used as a tool of intimidation against people who protect the environment.

Apart from that, PKSDA highlighted violations of the principle of transparency based on Law Number 14 of 2008 concerning Openness of Public Information. Residents have the right to obtain operational permit data and company AMDAL documents. As long as the company is not transparent, citizen protests are legally a form of public monitoring and are protected by law.

“The police must not be an instrument of corporate security while people’s aspirations are silenced. If PT Zong Hai is suspected and proven to have not met licensing standards, then their activities should be stopped by the state, not the citizens who will be punished,” continued Hamdan.

PKSDA urges the North Maluku Regional Police Chief to immediately stop the legal process and carry out an investigative audit of the mine management company.

PKSDA offers a solution through total verification of the company’s legality and open mediation involving local governments. Fair law enforcement is one that is able to balance investment interests with the dignity of citizens. The Sagea case is now a test for the professionalism of the National Police to prove that they truly protect the people, not just guard the interests of capital. (bn)