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Law minister, NGOs slam trial of grandmother for cacao theft

While many big-time criminals evades justice across the country for corruption, an elderly woman in Banyumas, Central Java, faces the law for stealing three cacao fruits worth only Rp 1,500 (15 US cents) from a plantation

Agus Maryono (The Jakarta Post)
PURWOKERTO
Sat, November 21, 2009

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Law minister, NGOs slam trial of grandmother for cacao theft

W

hile many big-time criminals evades justice across the country for corruption, an elderly woman in Banyumas, Central Java, faces the law for stealing three cacao fruits worth only Rp 1,500 (15 US cents) from a plantation.

The trial of 55-year-old Minah at the Purwokerto District Court was condemned Friday by Justice and Human Rights Minister Patrialis Akbar, legal experts and human rights activists.

"It's extremely embarrassing," the minister told kompas.com. "Law enforcers must embrace humanitarian principles."

The court Thursday handed down a suspended sentence of 45 days in prison. The mother of seven and grandmother of more was ordered to serve her jail term should she commit a similar crime within three months of her conviction.

Minah, a resident of Darmakradenan village in Ajibarang district, who stood trial without an attorney, said she took the cacao fruits in September to grow the plant from seeds.

Patrialis said the case inspired him to promote a reform of the country's judicial system.

"We will mend the system," the minister said. "Our prisons are overcrowded,"

Minah was not the first citizen to face discriminatory law enforcement in the country.

In September, Aguswandi Tanjung, a tenant at the ITC Roxy Mas Apartments in West Jakarta, was arrested by police for charging his mobile phone in a corridor inside the apartment block.

He said the building management had cut off the electricity in his apartment.

In July, the Tangerang District Court convicted 10 children of gambling in a controversial ruling that sparked outrage among child welfare activists, even after the court ordered the juveniles to be returned to their parents.

Sympathizers and activists from a number of NGOs demanded an end to the case against Minah.

"What's wrong with this country? The big-time criminals are protected while we villagers are treated mercilessly in the name of law enforcement," Minah's son Firdaus, 40, said.

Minah was charged with stealing the cacao fruits from plantation firm PT Rumpun Sari Antan (RSA). The company had reported the theft to police in August and court proceedings commenced last week.

"The price of the cacao fruits were worth Rp 500 each at the most, but my mother had to stand trial. This is outrageous," Firdaus said.

Prosecutor Noorhaniyah said Minah had stolen cacao fruits weighing 3 kilograms, causing the plantation company to suffer a loss of Rp 30,000, and sentenced her to six months in jail.

Minah said the incident began when she harvested soybeans at her farm in early August. Coincidentally, the land she was cultivating was part of a disputed area managed by the company.

When she was gathering the soybeans, she saw three ripe cacao fruits. She plucked them with the intention to plant their seeds at her farm.

Two company foreman, Tarno and Rajiwa, arrived at the scene.

She was later summoned for questioning several times by po-lice following a report from the company.

"I was also examined several times at the prosecutor's office. The prosecutor who examined me asked me not to deny the accusation because it would make things worse," said Minah.

Minah said she was tired of dealing with the police, prosecutors and the court. "I'm old and tired. Why is my case not settled yet?

"I also owe money for transport to the police and the court," said Minah.

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