Tag Archive | Attorney general

State Attorney Lawyers File The Legal Case of Tripa Peat Swamp This Week

atjehpost

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)

 

Ministry of Forestry Finalised Tripa’s Fire Case, 32 Witnesses Interrogated

Firman Hidayat | The Globe Journal

Banda Aceh – The Ministry of Environment and the Nationa Police in Jakarta will be very serious to solve the case related to the slash and burn activity as well as to concession permits in Tripa Peat Swamp. Deputy V of the Ministry of Environment, Sudariyono, said to The Globe Journal on Friday (06/07) that the Ministry of Environment only concentrates on two cases occurred in Tripa Peat Swamp.

He explained that those two cases relate to peat burning filed as crime lawsuit and to environmental destruction filed as civil lawsuit. “The National and Provincial Police concentrate in the Law No. 18/2008 on Plantation, thus relates to permits,” said Sudaryono.

“So, the domain of the Ministry of Forestry is to concentrate in the two cases only, that will be handed over to the Attorney General as soon as possible,” he added To date, the Ministry of Environment has interrogated 32 witnesses for both companies, 19 for PT. Surya Panen Subur and 13 for PT. Kalista Alam.

Still according to Daryono, the interrogation of the witnesses were conducted in three different location, locally, in Banda Aceh and in Jakarta. “From the community directly on site,” he continued.

The Ministry of Forestry only focuses on peat burning, since this already damages the environment. “Currently, no one was named as suspect,” said Daryono ending of the interview.

Ministry of Environment Will Sue Two Companies in Tripa

The Atjeh Post
MUHAJIR ABDUL AZIZ, free translation by Adji Darsoyo

BANDA ACEH – Head of the Sectorial Deputy V on the Structuring of Environmental Law of the Environmental Ministry, Dariono, stated that the ministry will file a civil lawsuit against two companies operating within the ecosystem of Tripa Peat Swamp.

This lawsuit was to file, since both companies has conducted environmental destruction within the ecosystem of Tripa Peat Swamp.

Dariono addressed this to The Atjeh Post during the Discussion on The Rescue of Tripa Peat Swamp in Banda Aceh, Wednesday, July 4, 2012. The two companies mentioned by Darionnno  were PT Kalista Alam and PT Surya Panen Subur II.

“This civil lawsuit will force the companies to cover the loss resulted through fire etc.,” said Dariono.

Besides, Dariono also stated that the ministry was in coordination with the Attorney General to prosecute the act of Environmental Crime carried out by the two companies.

“We also work together with a team of experts from Bogor Agricultural Institute (IPB), witnesses from the ground was kept invited, so we hope this will be finalised as soon as possible,” said Dariono.[]

Tripa Peat Swamp Re-Included in the Moratorium

as published in KOMPAS, 22 May 2012

Government Consistency Positively Welcomed by Civil Organisations

Jakarta, KOMPAS – Tripa Peat Swamp in the Aceh’s Nagan Raya District is re-included in the second revision of the moratorium map. The area of 1,605 ha of PT. Kalista Alam intended for oil palm plantation will be protected against any logging or peatland clearing activities.

Deputy of Law Enforcement  of the Presidential Working Unit for Development Supervision and Control (UKP4), Mas Achmad Santosa,  said on Monday (21/5) in Jakarta that all company’s activities within the 1,605 ha area had to be halted. “Besides that, we also proceed with legal lawsuit,” he said.

He explained the currently investigated legal case in details, which is the indication of violation of the Law No. 32/2009 on Environmental Protection and Management in regards to the clearing by burning activity. Then, violation of the Law No. 18/2004 on Plantation, being operating without permit. Violation of the Law No. 5/1990 on Conservation of Biodiversity and its Ecosystem, since the company operates within the Leuser Ecosystem. For information, the Joint Investigators of the Ministry of Environment, the Attorney General and the State Police are now conducting the hearing of witnesses, including those from the company.

Besides criminal lawsuit, the UKP4 recommended that the Ministry of Environment, on behalf of the state, prosecutes the company to pay the damage caused by the destruction of the local ecosystem. The damage is currently being calculated by the Ministry of Environment.

Being asked about possible applied sanctions, the Head of UKP4, Kuntoro Mangkusubroto, said that the probability of corruption and state administration delicts would be traced back. “This is still being elaborated. To be cleared, guilty official can be administratively punished and corruption will face criminal charges,” he said.

Positively welcome

Separately, the Executive Director of Greenomics, Elfian Effendi, praised UKP4 for being consistent with the protection of Tripa Peat Swamp against destructive threats caused by palm oil expansion. “The consistency has saved orangutan habitat and the protecting function of Tripa Peat Swamp,” he added.

The case started in August 2011 as the Aceh Governor serving during that time issued a plantation permit for PT Kalista Alam. Although, in May 2011, the particular area in the permit, the 1,605 ha, was included within the areas of the moratorium.

But, under the first revision of the moratorium in November 2011, this particular area was excluded. The permit issued by the Aceh Governor was then filed for administrative court by WALHI. The panel of judges rejected the case and WALHI appealed.

This issue has been smelled by the UKP4 that recommended comprehensive investigation on the case, including onsite investigation. The investigation identified the lack of concession permit and other violations, such as clearing by burning of the peat and expired license.

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