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BANJARMASIN – The alleged criminalization of the UMKM Mama Khas Banjar became the central topic of discussion at the Forum Ambin Demokrasi held at Rumah Alam Sungai Andai on Thursday (March 6, 2025).

Several figures and activists criticized the police's actions against the UMKM, considering them excessive and potentially setting a dangerous precedent for small businesses in South Kalimantan.

"Why is an UMKM issue, which should be handled by the Cooperative Agency or the Industry and Trade Office, instead leading to criminal prosecution by the police?" questioned Noviandi Saputra from Gekraf Kalsel.

The discussion was attended by the Head of the South Kalimantan Cooperatives and UMKMs Office, Gusti Yanuar Noor Rifai, as well as representatives from the Indonesian Employers’ Association (Apindo) and the Legal Aid Institute.

Participants questioned the legal basis used by the police in handling the case, particularly the use of the undercover buy method, which is typically employed in narcotics investigations.

"If the sole accusation is failing to include an expiration date, then thousands of other UMKM products could face similar charges. This is not just about one UMKM—it’s a threat to the entire small business sector," stated Ambin Demokrasi activist Berry Nahdian Forqan.

The Chairman of Apindo Kalsel, Winardi Sethiono, affirmed that his organization would consolidate UMKMs under Apindo and escalate this case to the national level.

"We will bring this issue to the National Leadership Council (DPN) of Apindo and the National Police Chief. This cannot be ignored as it has broad implications for the business sector," he asserted.

Meanwhile, the Head of the South Kalimantan Cooperatives and UMKMs Office, Gusti Yanuar Noor Rifai, stated that his office had coordinated with the relevant ministry.

He expressed hope for further dialogue with the police to ensure this case does not pose a continuing threat to other UMKM actors.

"We have reported this case to the ministry, as there is a Memorandum of Understanding (MoU) between the Ministry of Cooperatives and the National Police. Hopefully, this issue can be resolved peacefully," Yanuar stated.

The alleged criminalization of Mama Khas Banjar has sparked widespread outrage. The UMKM’s legal representatives questioned the police’s use of the undercover buy method—commonly used in narcotics cases—to target a small business selling salted fish.

"This method should only be applied to items that are difficult to obtain legally, such as narcotics. But our client is simply selling salted fish in a shop, accessible at any time. Why would the police resort to such tactics?" questioned Ainul Yaqin WS, the UMKM’s legal counsel.

The case has now reached the indictment stage, and the legal team plans to file an objection (eksepsi) in the upcoming court session next week. Ainul argued that the case is riddled with irregularities and should not have escalated to the criminal court.

"UMKMs should be nurtured, not destroyed. The MoU between the Ministry of Cooperatives and the National Police emphasizes guidance, not criminalization," he added.

Following the discussion, Forum Ambin Demokrasi put forward several recommendations, including urging the police to reassess the case and consider a more constructive approach in dealing with UMKMs.

Additionally, the forum called on local governments to be more proactive in supporting and assisting UMKMs to prevent similar legal entanglements.

Furthermore, the participants encouraged small business owners to unite and monitor this case closely to prevent it from setting a harmful precedent for the UMKM sector in South Kalimantan.

If this case continues without a fair resolution, the discussion participants agreed that it would not only damage the police’s reputation but also jeopardize the overall business climate in South Kalimantan.

Source: banjarmasin.tribunnews.com