December 14, 2012  

PRESS RELEASE: Walhi makes historic legal intervention as rogue palm oil company tries to sue Governor of Aceh over cancellation of controversial palm oil permit in Tripa Peat Swamp Forest

PRESS RELEASE

14/12/2012 – FOR IMMEDIATE DISTRIBUTION

Walhi makes historic legal intervention as rogue palm oil company tries to sue Governor of Aceh over cancellation of controversial palm oil permit in Tripa Peat Swamp Forest

[Banda Aceh]  In an unprecedented legal move, on Thursday 13th December in the Administration court of Banda Aceh, Indonesia, Walhi Aceh (Friends of the Earth Indonesia) motioned to join the Governor of Aceh Province as a co-defendent in a lawsuit brought against him by palm oil company PT. Kallista Alam, whose controversial palm oil concession in the Tripa peat swamp forests of Aceh he recently cancelled after law courts found clear legal infractions in the issuance of its plantation permit.

“WALHI’s move to intervene like this is the first ever of its kind in Indonesia, and serves to emphasise just how serious we are in our support for the Governor’s strong stance in upholding the law against illegal permits in the province”, stated Walhi Aceh Executive Director, TM Zulfiker. “In regard to the intervention”, he continued, “WALHI indeed have a serious interest in this case and wish to be represented in court. We must ensure the Administrational Court in Banda Aceh fully understands the legal processes that have led to this new case being filed, in particular the course of events that followed after Walhi won the appeal in its case against the company at the Administration Court in Medan, which led directly to the Governor taking action and revoking the company’s permit”.

Luhut MP Pangaribuan, head of the legal team representing PT Kallista Alam, objected to the motion, stating that WALHI Aceh have no interest in the case but Zuhri, the lawyer working for WALHI Aceh, immediately refuted this, stating that  “The motion to join the case is based on the legal precedent and actions of the case filed by WALHI against the previous Governor of Aceh, Irwandi Yusuf, and  the company PT Kalista Alam, for legal irregularities in the now revoked permit. The permit was revoked by Aceh’s current Governor, Zaini Abdullah, after a court order requesting him to do so was issued by the Administration Court in Medan. This is precisely why we wish to stand by that decision and support the Governor for taking the correct legal course of action in revoking the permit”.

Today there are several ongoing legal cases related to the company PT Kallista Alam, as explained by Kamaruddin, a lawyer representing Tripa Community. “Firstly, there was the original case filed by WALHI Aceh against the company and former Governor for the issuance of the illegal permit. In this case, the judges in the administrational court of Medan agreed with WALHI Aceh, that there were indeed a number of legal infractions in the issuance of the permit. It was this decision that resulted  in the current Governor cancelling the permit. Now the company is attempting to appeal this earlier decision with the Supreme Court in Jakarta”.

“Secondly, and in a separate case, PT Kallista Alam is attempting  to sue the new Governor over the permit’s cancellation in the administrational court of Banda Aceh, even though it was revoked in full compliance with the law, as clearly demonstrated by the judges decision in the case described above. It is this new lawsuit in which WALHI is seeking to intervene and join, as a co-defendant standing alongside Governor Zaini Abdullah.”

 “Thirdly, also in a seperate case, the Ministry of Environment and the Attourney Generals Office are taking legal action against the PT Kallista Alam for legal infringements in the field, at the district court of Meulaboh, in West Aceh.”. Kamaruddin went on to explain, “the main problem for all of us is that whilst these lengthy court battles are ongoing, the destruction of the unique Tripa peat swamp forests by Kallista Alam and other companies is continuing unchecked. All of the companies in Tripa are still actively commiting crimes in the field, and PT Kallista seems to be deliberately trying to prolong proceedings and slow down the cases against them”.

As the court was settling for Tuesday’s hearing in Banda Aceh, an angry protest was heard outside the courtroom, “PT Kallista Alam has destroyed Tripa and is selling out our country”, Fery, a protester from the coalition of students and community for Tripa, shouted through a megaphone to a mob of over 50 university students who had gathered, chanting, singing and carrying placards, to affirm their support for Aceh’s Governor and his stance against law breakers.

“It’s blatantly obvious there have been numerous crimes committed in Tripa relating to spatial planning law, environmental law, and forestry plantation law. There have also been clear breaches of the Indonesian Government’s moratorium on new plantations in primary forests and peatlands, which resulted from the billion dollar agreement between Indonesia and Norway”, stated Deddy Ratih, Spatial Planning Campaigner for WALHI Indonesia. “While WALHI is taking action in support of Aceh’s Governor, illegal actions in the field must also be halted by direct intervention of the police and both Provincial and National Government. Even today, despite all the legal wrangling in the courts, canals continue to drain the last of the life from Tripa’s protected peat swamps and PT Kallista Alam is simply playing games, as it tries to prolong and delay implementation of the law. The reality is that every day plantation activities in the field are slowing killing Tripa. All of the companies operating there must be reviewed and have their permits cancelled if they are not in full compliance with the letter of the law. Activities must be stopped and all drainage canals blocked immediately if this critically important and unique ecosystem  is to have any chance of recovery”.

“No matter what the eventual outcomes of the various legal process taking place, it will all be meaningless unless strong and decisive action is taken right now on the ground, all the permits should be revoked immediately and work begin to restore the damaged areas”, he reiterated.

Public information on the appeal lodged by PT Kallista Alam with the Supreme Court is limited, and a decision on whether the appeal will be allowed to proceed or not is considered likely to take place ‘in camera’ (behind closed doors).

For further comment or information please contact:

Deddy Raith – ube.hitar@gmail.com

Spatial Planning Campaigner, Walhi Indonesia (Friends of the Earth Indonesia)

Yuyun Indradi – yuyun.indradi@greenpeace.org

Political Campaigner, Greenpeace Indonesia

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About endoftheicons

The Leuser Ecosystem on the island of Sumatra in Indonesia is in grave danger. Local politicians want to allow logging, mining and palm oil plantations in this vulnerable area. Sumatran orangutans, rhinos, elephants and tigers are already hanging on by a thread. They will not survive the destruction of the Leuser Ecosystem.