State Attorney Lawyers File The Legal Case of Tripa Peat Swamp This Week
JAKARTA – Deputy V heading the Legal Division of the Ministry of Environment, Sudariono, explained that a team of State Attorney Lawyers will file a lawsuit in the case of the Tripa Peat Swamp this week.
“The plan is at the beginning of this month, and within one to three days, the team of State Attorney Lawyers, as the legal representatives of the Minister of the Environment, will depart for Aceh,” said Sudariono during a press conference after a Coordination Meeting on Environmental Law Enforcement in 2012 in Jakarta, last Tuesday morning, November 6, 2012.
He said, there are two lawsuits to be filed: a criminal case and a civil case related to PT. Kallista Alam (KA) and PT. Surya Panen Subur (SPS) 2. For PT. KA the case will be filed in Nagan Raya, Aceh Barat, namely the District Court of Meulaboh.
While for PT. SPS-2 the case will be filed in the District Court of Jakarta. But, Sudariono did not declare exactly which court. “In accordance with the deed,” he claimed.
Sudariono said that for the criminal case, the team of State Attorney Lawyers is prepared with an Order of Appoinment for the Public Prosecutor to Observe the Development of the Investigation of the Crime, also known as P 16.
“The criminal charges are compiled together with BPLN LH, so hopefully,” added Sudariono.
Currently, the Ministry of Environment ,with the Attorney General and the Supreme Court, are applying a Certification Programme for Environmental Judges.
The goal of this programme is to improve the legal handling of environmental cases at all court levels, including the Administrative Court, to better fulfill the sense of justice for litigants involved, and also to support efforts in environmental protection.
“There are still laws that are unclear, so this certification programme is important in order to build a common perception,” said the Head of the Supreme Court, Hatta Ali.
Hatta Ali said that the enforcement of environmental law so far strictly refers to Law No. 32/ 2009, but there are still obstacles on the field. “Concerning expert witnesses, for example, what is the criteria? Does it fulfill the requirements for filing a “legal standing?” said Ali.
The Ministry of Environment indicated that the Certification Programme for Environmental Judges will be carried out for two months. This programme prioritises the judges in charge in the regions with the most severe envrionmental destruction, namely Sumatera, Java and Kalimantan.(bna)
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