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Neglect of Tripa Swamp Burning Case Execution Includes Human Rights Violation

NAGAN RAYA — The Aceh Representative of the National Commission (Komnas) on Human Rights (HAM) visited the APEL Green Aceh Foundation Office in Nagan Raya, Friday, June 13, 2025.
The Aceh Representative of the National Human Rights Commission Monitoring Team consists of Mulia Robi Manurung (Chairman) and members Sri Muliani, Yacub Ubaidillah, M Isa and Eka Azmiadi.
The visit was received by Syukur Tadu, as Director of the APEL Green Aceh Foundation, as well as the Coordinator of Save Tripa Swamp and accompanied by a number of staff.
In his remarks, the Head of the Monitoring Team, Mulia Robi Manurung, said that the agenda of the meeting with environmental activists in Nagan Raya was to update the progress of the resolution of the human rights violation case (by omission) in the form of the non-execution of the court decision that has permanent legal force regarding the peatland burning case in Rawa Tripa.
The case of peatland burning in Rawa Tripa which has permanent legal force but has not yet been executed on the verdict is part of a human rights violation by omission (passively) which occurs when the state, which should be responsible for protecting and fulfilling human rights, fails to take the necessary actions or is negligent in carrying out its obligations.
Syukur Tadu mengatakan, tidak/belum dieksekusi kasus tersebut sudah termasuk pelanggaran hak atas keadilan dan kepastian hukum.
It was stated that the legal basis includes Article 28D paragraph 1 of the 1945 Constitution and Law No. 39 of 1999 concerning Human Rights in Articles 17 and 18 and the Paris Principles concerning internationally recognized minimum standards for national human rights institutions.
In the 1945 Constitution, Article 28I paragraph (4) states that "protection, promotion, enforcement and fulfillment of human rights is the responsibility of the state, especially the government."
Furthermore, Article 28I paragraph (5) states that in order to uphold and protect human rights in accordance with the principles of a democratic state based on law, the implementation of human rights is guaranteed, regulated and outlined in statutory regulations.
Furthermore, Syukur said, the form of violation. Because the decision that has been inkracht (has permanent legal force) and has not been executed indicates the granting of immunity to the perpetrator and damages public trust.
In terms of impact, these human rights violations have eliminated the right to justice and have allowed perpetrators of environmental and forestry crimes to be tolerated.
“This means the state is doing nothing to prevent or address human rights violations, even though it should be doing so,” said Syukur Tadu, coordinator of Save the Tripa Swamp.
The meeting took place with intensive discussions on both sides. Komnas HAM is currently collecting data to strengthen the in-depth and update developments in resolving human rights violation cases. *

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