Withdrawal of Kalista’s Permit: First time In The History of Aceh
Senin, 24 September 2012 14:30 WIB
MURDANI ABDULLAH | Free translation by Adji Darsoyo
BANDA ACEH – Head of the Legal and PR Office of the Aceh Regional Secretariat, Makmur Ibrahim, said that the plan to withdraw Klaista Alam’s permit by the Government of Aceh under Zaini Abdullah is the first within the whole history of Aceh. This is considered important and to show high commitment of the current Government of Aceh to protect forest conservation, especially in Tripa Peat Swamp. “This is the first in the history of the Government of Aceh,” said Makmur on Monday, September 24, 2012. Makmur continued that being staff member he is ready to implement the Governor’s instruction and will immediately process the plan. He hopes that this will be accepted by all parties in Aceh. As reported earlier, the Governor of Aceh, Zaini Abdullah, requested the head of BP2T on Monday September 24, 2012 to immediately prepare a draft for the revocation of Kalista Alam’s permit, which relates to the recently announced decision of the Administrative High Court of Medan. The Governor of Aceh, through the Head of Legal and PR Office, Makmur Ibrahim, also said that this decision of the Administrative High Court of Medan is final. “We wait for the draft of the revocation from BP2T. If this can be process within 2 days, then we will also withdraw in 2 days,” said Makmur.
Court grants Walhi appeal, cancels plantation permit in Aceh
Sita W. Dewi | The Jakarta Post
The permit was granted to the company by former Aceh governor Irwandi Yusuf on Aug. 25, 2011, contradicting Presidential Instruction No. 10/2011 on the moratorium of new permits in primary forests and peatland conversion areas.
Walhi Aceh’s executive director, Teuku Muhammad Zulfikar, applauded the verdict, which was signed by a panel of judges led by Arpani Mansur on Aug. 30, saying it was an important ruling supporting efforts to protect more than 61,000 hectares of Tripa peatland.
“We urge the Aceh governor to immediately follow up the verdict by revoking the company’s permit, as well as evaluating all permits owned by other oil palm companies operating in the area,” Zulfikar said in a statement made available to The Jakarta Post Digital on Wednesday.
Tripa peat swamp is peatland with a depth of three meters or more, meaning it is protected under a 1990 presidential decree.
PT Kallista Alam is also the subject of an ongoing investigation by the National Police for allegedly illegally burning the protected peat swamp to convert the area into an oil palm plantation, further threatening the ecosystem of about 200 orangutans that live in the area.
PRESS RELEASE: JUDGES OF HIGHER ADMINISRATIVE COURT IN MEDAN GRANTED WALHI ACEH’S APPEAL
WALHI Aceh Press Release
Wednesday, 5 September 2012
====================
JUDGES OF HIGHER ADMINISRATIVE COURT IN MEDAN GRANTED WALHI ACEH’S APPEAL
Aceh Governor has to withdraw the Plantation License of PT. Kalista Alam in Tripa and evaluate the entire existing licenses in Tripa Peat Swamp
Banda Aceh – WALHI’s appeal (in this case as the Plaintiff) against Aceh Governor (1st Defendant) and PT. Kalista Alam (2nd Defendant) on the withdrawal of the Governor’s Plantation License No. 525/BP2T/5322/2011 to PT. Kalista Alam issued on August 25, 2011 covering 1,605 ha in Tripa Peat Swamp’s Pulo Kruet village has been granted by the High Court in Medan.
The ruling of the High Court of Medan No. 89/B/2012/PT.TUN-MDN has been recited by the Panel of Judges on August 30, 2012.
The ruling contains among others: 1). The granting of Plaintiff’s (WALHI) appeal; 2). Cancellation of the contested license No. 525/BP2T/5322/2011 issued by the Governor of Aceh on August 25, 2011; 3). An order to the 1st Defendant (The Governor of Aceh) to withdraw the contested State Administrative Decision of the Governor of Aceh on the No. 525/BP2T/5322/2011 on the Plantation Permit to PT. Kalista Alam issued on August 25, 2011; 4). An order to the 1st and 2nd Defendants to jointly cover the cost of both court process of IDR 250,000,-.
(The ruling document in Bahasa Indonesia can be accessed here)
In response to the above mentioned court ruling, WALHI Aceh would like to address the following:
- WALHI Aceh kindly appreciate the ruling of the High Court of Medan. This result is to be taken gratefully, since it is not only a victory for WALHI but aslo for the whole community of Aceh and various national and international groups that have been so far very much and fully concerned about the relief and the protection of Tripa Peat Swamp. This is also a high appreciation for the collaborative struggle, especially of the community of the 21 villages in and around Tripa Peat Swamp. This decision is also proof that the law enforcement in environmental issue became a valuable effort and is expected to be momentum of law enforcement in a broader sense.
- Based on the decision of the Administrative High Court of Medan, WALHI Aceh request the Governor of Aceh to immediately follow up on the decision by cancelling the Plantation Permit issued to PT. Kalista Alam in Tripa Peat Swamp. Further, the Governor of Aceh is expected to evaluate all existing permits of various plantation companies in Tripa Peat Swamp, which are allegedly violating the procedures.
- WALHI Aceh also hopes that the entire legal cases, both civil and criminal cases currently undertaken by the Ministry of the Environment against several plantation companies in Tripa Peat Swamp, as well as the reports of the community and the Coalition for the Protection of Tripa (TKPRT) to the police, can be seriously processed and followed up upon.
We thank you very much for all supports and attentions.
Banda Aceh, 5 September 2012
WALHI Aceh Regional Executive,
Teuku Muhammad Zulfikar
Executive Director
Mobile: +62 812 690 128
E-mail: tmzulfikar@yahoo.com
walhiatjeh@gmail.com
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