Case Documentation: Indonesian farmers jailed for planting “company” corn seeds

History

The issue over transgenic seeds stems from farmers confusion as to why they had to buy the corn seeds every time they want to plant corn. Plants were created by God and no man should not claim them as his/hers. The high cost of the seeds and the high cost of planting adds to their hardship.

PT. BISI (Benih Inti Subur Intani)

PT. BISI is located in Kediri, particularly in Plosoklaten, Gurah and Pare. It produces seeds of vegetables, corn and rice, as well as pesticides through project cooperation with farmers.

PT. BISI sells male seeds and female seeds to farmers for about Rp30,000 – Rp45,000 ($3 – $5) per kilogram. Farmers must sell their harvested corn to the company and the employees of the company take the corn from the farm for Rp 1.500,00 per kilogram while the seeds are still on the corn-cob.

Cost Analysis

The cost that must be paid by farmers in producing corn seeds with half-organic method, with 1,200 m2 is as follows:

(Not including workers` salary, process planting, and harvest time)

The analysis uses minimal cost assuming that the fertility of soil is still well, and cost can be higher with different condition of soil.

Company Monopoly

In buying seeds from farmers:

1 Kg of corn-cob can result in 600 grams of seeds, so 1 ton of corn-cob will be 600,000 grams or 600 Kg. It can be counted that PT. BISI gets 600 Kg. If PT. BISI sells the seeds at Rp 30,000 per Kg, It will be:

600 Kg x Rp 30,000 = 18,000,000/1 ton

Profit of BISI:

BISI`s income – farmers` income = profit

Rp 18,000,000 – Rp 1,500,000 = Rp 16,500,000 (It is actually the right of farmers taken by BISI).

In selling labelled seeds:

If farmers buy corn seeds of PT. BISI named Kapal Terbang (air plane) they must spend Rp 26,000 – Rp 37,000/Kg.

If farmers should sell their corn, they get Rp 1,200,00/Kg, so the difference in cost will be Rp 24,800 – Rp 35,800/Kg means farmers are always monopolized and oppressed by BISI.

THE CASES

Nganjuk District

Farmers Involved: Tukirin and Suprapto

Chronology:

At the end of July 2003, Tukirin bought BISI labelled seeds from the shop. Then he planted the seeds on his field. Before harvesting, he saw the differences in the physical characteristics of the seeds. He considered the small ones as female and the big ones as male.

In April 2004, Tukirin planted the seeds he classified. He planted 3 rows with female seeds and 1 row with female and male seeds among them.

The experiment was well done. Then Tukirin and Suprapto classified the seeds and planted them again, the rest was sold to their neighbours for only Rp. 4,000/Kg because they wanted it. Tukirin and Suprapto were prosecuted by BISI when their plants were 50 days old, and they were instructed to come to police station.

They were accused of illegal breeding of seeds and stealing BISI seeds. At first, their case was refused by the police, but handled in the end.

In the court, the evidence shown was dried and mature corn, when the seeds in question were in fact only 50 days old. The evidence was brought by the employee of BISI. The expert witness was unable to differentiate the male from the female seeds. He just said that the characteristics are like BISI seeds.

In the next hearing of the court, the suspects explained that the seeds were bought from the shop and not stolen, but the local court imposed a 1 year conditional sentence. They were prohibited from planting corn for 1 year. If they violate the prohibition, they will be sent in jail for 6 months.

Tulungagung district

Farmers Involved: Heru, Pak Budi

Chronology:

Pak Budi gave Heru corn seeds in order to plant in his farm in Ngantru Tulungagung. When the seeds were 60 days, they grew well, but were claimed as certified corn seeds by PT. BISI.

PT. BISI sued Heru for using the certified seeds of PT. BISI, but Heru said that he is just a worker for Budi. Thus, Heru became a witness in Budi`s court process.

Budi was sued for breaking Article 61 (1) No. 12/1992, Article 55 (1) and Article 56 KUHP of the Law. Budi asked legal help from the BKBH University of Muhammadiyah Malang.

The Judge ruled that Budi committed the suspected act, but that it was not a criminal act. Thus, he was released.

Kabupaten Kediri

Gampengrejo District

Farmers Involved: Budi Purwo Utomo

Budi Purwo Utomo has been experimenting with seed breeding in his farm since 2003. He then tried to develop seeds in Tulungagung at Heru`s farm which he the gave to farmersfree of charge.

The seeds came from the combination of harvested corns of Pioner, BISI and Urakan (name of local seeds without label often planted by local farmers) that were planted in one field continuously.

In order to get good seeds, Budi bred the selected seeds as follows: 1 row of big seeds and 4 rows of small seeds.

Budi learned seed breeding technology from the book entitled Pemuliaan Tanaman by RW. Allard, Bina Aksara.

The case in Kediri was almost the same as the case in Tulungagung. The only difference was that Budi asked Jumidi for giving the seeds freely and farmers would pay at harvest time.

Budi still wanted BKBH Muhammadiyah Malang University to be his lawyer in the Kediri case.

Budi PU was punished 1 year conditional sentence (same as Tukirin and Suprapto), but Budi was not satisfied and wanted the higher court to decide because he never did the things BISI is accusing him of.

The NGO KIBAR (Kediri Bersama Rakyat) in Kediri and Bina Tani Makmur supported the victims by organizing them and launching a campaign where people sympathetic to the farmers placed their thumb mark on a letter sent to the Kediri Court.

Kras District

Farmers Involved: Djumidi, Slamet, Kusen and Dawam

Chronology:

Jumidi was urged by Budi to cooperate in planting his seeds. Jumidi gave Slamet, Kusen, and Dawam free seeds which were to be planted in 4 rows of small seeds and 1 row of big seeds. The harvested corn would be bought for Rp1,500 per kilogram.

In April 2005, 3 men came to their home. Two were police officer and 1 was from PT. BISI. They asked Jumidi, Kusen, Dawam and Slamet to come to the station, without any official letter from the police.

In May, Djumidi was interrogated with his friends, Kusen, Slamet, and Dawam.

In June, Kusen, Dawam and Slamet were punished a 1 year conditional sentence (same as Tukirin).

Then in July, a one-day hearing, Djumidi was sent in jail for a month. He was accused of violating Law 12/1992 about Plant Cultivation System article 61 (1) letter b, d and article 55 (1) KUHP.

Magetan District

Farmers Involved: Maman Nurohman & Burhana JMA

Maman Nurohman (32) is a farmer from Ponorogo. He was arrested and put in jail with a warrant from the Magetan court because he might wipe away the evidence. He got the seeds from Burhana and was trapped by BISI employees and was prosecuted for imitating the BISI label and marketing unlabelled seeds. He was sentenced 4-5 months in jail.

Burhana Juwito Moch Ali (37) is a seed producer from Puncu Kabupaten Kediri. He is an ex-BISI employee. He has been in jail since April 25, 2006 up to now for the same case as Maman.

He worked together with Maman in Ponorogo months ago, but Maman was trapped by BISI employees in Maospati – Magetan.

On the second agenda in the Magetan court on July 7, 2006, Burhana was assisted by API (Indonesian Peasant Alliance) through a lawyer from Jember, Jarmoko, SH.

As of September 16, 2006, Burhana is still languishing in jail and facing agenda with the court.