Negotiations in Ketapang Lead to Withdrawal of Police Complaints in the Criminalisation Case Against an Indigenous Customary Leader

Efforts to resolve the criminalisation case against Tarsisius Fendy Sesupi, the Temanggong (Customary Leader) of Lelayang Hamlet, Kualan Hilir Village, for defending the rights of Indigenous Peoples, reached an important milestone through negotiations between the parties held on 20 April 2026 at Balai Berkuak, Simpang Hulu Subdistrict, Ketapang Regency, West Kalimantan. The meeting was facilitated by Ketapang Regent Alexander Wilyo, S.STP., M.Si., who also holds the customary position of Patih Jaga Pati Laman Sembilan Damong Sepuluh. It brought together representatives of the Indigenous community, Tarsisius Fendy Sesupi, and PT Mayawana Persada in a direct dialogue. During the process, Link-AR Borneo represented the coalition and actively provided assistance to ensure that the voices and interests of the Indigenous community were fully represented in the negotiations.

Link-AR Borneo’s participation in negotiations with PT Mayawana Persada and representatives of the Indigenous community.

During the negotiations, the Indigenous community was represented by Tarsisius Fendy Sesupi, accompanied by Andreas Ratius and Ahmad Syukri from Link-AR Borneo. PT Mayawana Persada was represented by its Director, Iwan Budiman, S.Hut., alongside Daniel, Toto, and Suhardi. The meeting was also attended by representatives of local government and customary institutions, including Yuliana Kislin, S.Sos., M.A.P. (Head of Simpang Hulu Subdistrict), Hermansyah (representative of the local military command), and Markus Memet (Chairperson of the Dayak Customary Council of Simpang Hulu Subdistrict), who contributed to facilitating and overseeing the dialogue.

The case originated from a police complaint filed by PT Mayawana Persada against Tarsisius Fendy Sesupi over alleged extortion and/or threats relating to an incident on 3 December 2023. In this context, Fendy was carrying out his responsibilities as a Temanggong, a customary leader entrusted with safeguarding the interests and rights of the Indigenous community. His actions must be understood in the context of repeated violations of customary law by PT Mayawana Persada, which had previously been addressed by the community through the imposition of customary sanctions.

The criminalisation case against Tarsisius Fendy Sesupi also affected the wider Indigenous community.

The ensuing legal proceedings did not only target Fendy as an individual but also had far-reaching consequences for Indigenous communities living within and around PT Mayawana Persada’s concession area. The pressure extended beyond legal proceedings, affecting the community’s social, economic, and psychological well-being. This situation further exposed the unequal power relations between Indigenous communities and corporate interests in the context of this conflict.

During the negotiations, each party was given the opportunity to present its account of events, position, and the impacts of the dispute. The Indigenous community directly conveyed the burdens they had faced as a result of the legal proceedings, as well as the impacts of the company’s presence and the unresolved issues between the community and the company. The company also presented its perspective. Through a process of clarification and dialogue facilitated by the Ketapang Regent, the meeting moved towards identifying common ground and reaching an agreement acceptable to all parties.

The negotiations resulted in an agreement formalised through a peace agreement. One of its key provisions was PT Mayawana Persada’s commitment to withdraw the police complaints previously filed with the Ketapang Police Resort (Polres Ketapang) and the West Kalimantan Regional Police (Polda Kalbar) against Tarsisius Fendy Sesupi and other members of the Indigenous community. These complaints were registered under Police Report No. LP/B/219/VII/2023/SPKT/POLDA KALIMANTAN BARAT, dated 17 July 2023, and Police Report No. LP/B/193/VIII/2024/SPKT/SATRESKRIM/POLRES KETAPANG/POLDA KALBAR, dated 14 August 2024.

The withdrawal of these complaints marks an important step towards ending the legal proceedings that have long weighed on the community, while creating space for recovery from the harm and impacts they have experienced.

The agreement also includes a joint commitment to maintaining better relations moving forward and avoiding actions that could trigger further conflict. In this regard, the negotiations were not merely an effort to resolve a legal dispute but also part of a broader process towards resolving the conflict through deliberation and consensus. This process involves all relevant parties, including the task force (Satgas) established through an agreement reached during a public hearing (Rapat Dengar Pendapat/RDP) at the West Kalimantan Provincial Regional House of Representatives (DPRD), as a mechanism to oversee and advance conflict resolution.

Link-AR Borneo considers these negotiations an important outcome of the Indigenous community’s determination to defend its rights, as well as the consistent advocacy efforts undertaken by various parties. Public support, legal and community assistance, and the solidarity built throughout the process have been crucial in creating space for dialogue and bringing about this agreement.

Link-AR Borneo also expresses its appreciation to Ketapang Regent Alexander Wilyo, S.STP., M.Si., for taking an important role as facilitator, both in his capacity as regional head and as a member of the customary leadership structure of Patih Jaga Pati Laman Sembilan Damong Sepuluh. His involvement demonstrates the importance of local government in facilitating fair conflict resolution and promoting approaches that go beyond administrative procedures to recognise customary values and uphold social justice.

Nevertheless, Link-AR Borneo emphasises that this agreement does not bring the broader struggle to an end. The criminalisation of Indigenous Peoples, peasants, fishers, and workers who stand up for their rights continues to occur in various regions. It is therefore essential for all parties to ensure that similar cases do not happen again and to push for changes in policies and practices that provide stronger protection for communities.

Moving forward, Link-AR Borneo will continue to strengthen its advocacy alongside Indigenous Peoples, peasants, fishers, and workers to ensure meaningful protection of their rights. Efforts to secure the recognition of customary territories, respect for customary institutions, and conflict resolution through equal and meaningful dialogue will remain key priorities.

Link-AR Borneo reaffirms its commitment to standing alongside communities in confronting all forms of injustice. These negotiations represent one step in a longer struggle for more fundamental change and for ensuring that the rights of Indigenous Peoples are genuinely recognised, respected, and protected.