Aceh Court Says Cancellation of Plantation Firm’s Permit in Rawa Tripa Illegal
Banda Aceh. The Banda Aceh Administrative Court on Friday ruled in favor of a palm oil company in its lawsuit against the Aceh governor’s revocation of its permit to clear and operate on a 1,605-hectare land in Rawa Tripa, a lush forest and peatland region in the province’s Nagan Raya district.
Presiding Judge Yusri Arbi said that Aceh Governor Zainal Abdullah’s decision in September 2012 to revoke the permit for plantation firm Kallista Alam, following an order from the Medan High Court, was not legally binding because the court decision was being challenged in the Supreme Court.
Kallista Alam obtained the permit to open the plantation from then Governor Irwandi Yusuf in August 2011. But the governor’s decision was met with protests by environmental activists who said that the area was the habitat of Sumatran orangutans, which are critically endangered, and other rare animals.
The Aceh chapter of the Indonesian Forum for the Environment (Walhi) dragged the governor to the Aceh state administrative court but the court rejected Walhi’s suit on April 3, 2012. Walhi then appealed the ruling to the Medan High Court. On Aug. 30, 2012, the Medan High Court ordered the governor, now Zainal Abdullah, who was elected in April 2012 , to pull the permit.
The Ministry of Environment and the Attorney General’s Office later filed a case against Kallista Alam for crimes conducted in Rawa Tripa.
Kallista Alam, however, as an affected party, filed an appeal against the Medan court decision with the Supreme Court. At the same time, it filed a lawsuit with the Banda Aceh Administrative Court contesting the revocation of the permit.
The head of the legal bureau for the Aceh government, Edrian, said the government would file an appeal against this latest verdict with the Medan High Court.
“The Aceh government’s stance is clearly to file an appeal because the governor’s decision to revoke the business permit of Kalista Alam was to follow the decision of Medan High Administrative Court,” he told Jakarta Globe on Friday.
“The panel [of judges] should consider the environmental impact created by Kallista and the impact to the residents around Rawa Tripa before deciding to grant their lawsuit. Moreover, Rawa Tripa was once under international spotlight concerning forest burning when clearing the land.”
Edrian claimed that based on investigation of the Aceh government, Kallista Alam’s initial operations had damaged the environment and led to conflicts with residents.
Walhi Aceh director T.M. Zulfikar said the verdict was a set back in the efforts to conserve the peatland and protect the orangutans in Rawa Tripa.
“Walhi Aceh will also file an appeal to the Medan High Administrative Court,” Zulfikar said.
He said that Kallista Alam should not have been able to contest the revocation as the Aceh government had full authority to issue or revoke business permits as part of its extended authority as a special region.
“We hope the Supreme Court will issue a verdict as soon as possible on the appeal filed by Kallista [Alam] so the problem won’t drag on,” he added.
They need YOU. NOW
Aceh is currently preparing to open over 1.2 million hectares of protected forest for the development of mines, plantations, roads, logging and palm oil expansion. This devastating plan would reduce total forest cover of Aceh from 68% to 45% and see the destruction of Tripa and other areas of the protected Leuser Ecosystem driving Sumatran orangutan, elephants, tigers and rhinos to extinction.
Act now! This must be stopped.
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Aceh draft bylaw risks forests, say activists
Environmental activists have condemned the Aceh administration following confirmation that it planned to reverse a logging ban imposed by the previous administration and clear up to 1.2 million hectares of protected forest across the province.
Efendi, a spokesman for the Coalition of People Concerned for Aceh’s Forests (KPHA), said at a media conference in Jakarta on Thursday that the provincial administration’s special planning committee had confirmed that the Forestry Ministry had approved of “almost 100 percent” of proposed changes to its spatial plans.
This would slash the proportion of protected forest in the province from 68 percent to 45 percent, and cause the loss of 1.2 million hectares of forest.
“Despite our best efforts, communities and NGOs have been completely excluded from the development process of the new spatial plan, which has totally lacked transparency and accountability,” Efendi said.
He said the proposed change in status for protected forests “is closely linked to planned expansion of palm oil plantations and mining.”
“There is an inevitable belief that the proposal is simply to legalize illegal activities already taking place as several mining and palm oil concessions overlap the areas scheduled for downgrading,” he said.
Activists also called into question the claim by the administration that transforming large swaths of forest into mining and oil palm concessions would lead to greater land availability for local communities.
They noted that the area to be allocated to the community was just over 1 percent of the planned new opening of forest area, or 14,704 hectares, while the largest allocations would go toward mining, at just under 1 million hectares, logging concessions (416,086 hectares), and oil palm concessions (256,250 hectares).
They also said that the latter concessions would cover the entire Tripa peat swamp, a protected area that is considered an important habitat for the critically endangered Sumatran orangutan and that has received much international attention due to illegal clearing there by palm oil companies.
The illegal clearing is still being investigated by the Environment Ministry and the police.
‘Extremely dangerous move’
The KPHA also warned that in addition to the new “large-scale exploitative industrial developments,” the spatial plan also paved the way for the construction of an extensive road network that would cut through currently protected forests, “further disrupting wildlife and watersheds in the region and opening up even more forests for exploitation, both legal and illegal.”
“Famously once known as the ‘Ladia Galaska’ road network, or the ‘Spider Web,’ for its appearance, the plan is once again being resurrected, despite being rejected in the past by popular demand due to the severe environmental damage it would bring,” the group said in a statement.
Graham Usher, a landscape protection specialist previously involved in forest mapping under the previous Aceh governor, Irwandi Yusuf, said: “Areas that had previously been identified as being too high or too steep for conversion, or as having inappropriate soil types and heavy rainfall, so that under existing Indonesian regulations they should be protected forests, have now been identified as targets for logging concessions, roads, mining concessions and palm oil plantations.
“Opening up such forests is an extremely dangerous move. Aceh’s people know very well that removal of forests on such steep and unstable soils results in devastating landslides and floods during the heavy rains that Aceh receives every year.
“The plan to clear these forests is a serious mistake that will result in the loss of yet more innocent lives and huge economic losses for the province.”
The activists said it was likely that “a number of national laws have been breached” by the administration of Governor Zaini Abdullah in drawing up the proposed changes. Under Irwandi, large-scale logging and forest clearing were prohibited.
‘Total obliteration’
Ian Singleton, from the Sumatran Orangutan Conservation Program, said it was not just the iconic apes that would disappear if the spatial plan went into force.
“It is now being proposed that Tripa lose its currently protected status altogether, and for this unique peat swamp ecosystem and all its biodiversity and potentially hugely valuable carbon stock to be handed over to the palm oil companies for final, total obliteration,” he said.
“The new spatial plan does not even acknowledge the existence of the world-renowned Leuser Ecosystem protected area or the fact that the forests they intend to ‘unprotect’ are the last main hope for the long-term survival of iconic Sumatran endemic species such as the Sumatran tiger, elephant and rhinoceros. The future of each of these species, and countless others, will be placed in immediate jeopardy if the plans are allowed to proceed.”
Singleton added it was ironic that after receiving tens of millions of dollars from the international community to protect its forests, the Aceh administration “now plans to trash them for roads, new mines, timber and oil palm concessions.”
Rudi Hadiansyah Putra, the conservation manager for the Leuser Ecosystem Management Authority (BPKEL), said conservationists had worked hard to protect Aceh’s forests, and that what the provincial administration proposed doing would set back all their efforts.
“The community understand very well from previous devastating flash floods that clearing the forests upstream has a direct impact on the river flow and their own safety downstream,” he said.
“The people of Aceh are no fools. We know that when these unstable areas are cut, it directly leads to increasing natural disasters. If even the villagers know this, why do the Aceh government’s advisers not comprehend this simple connection?”
KLH : No Settlement of the Case Without Compensation
5 Biggest Environmental Stories of 2012
January 03, 2013 | by Fidelis E Satriastanti | The Jakarta Globe
Confiscated illegal pet orangutans being cared for by the Sumatran Orangutan Conservation Program team, join with people around the world calling on “President Susilo Bambang Yudhoyono to save their friends, save Tripa and to Enforce the Law”, in Medan, 26 April 2012. Today actions took place in 7 countries from around the world calling on Indonesian President SBY to publically add his voice encouraging urgent legal investigation and enforcement of Indonesian laws punishing criminal activities for resulting in illegal destruction of the environment in the Tripa Peat Swamp Forest. Photo: Paul Hilton/SOCP/YEL. ( EDITORIAL USE ONLY/NO SALES )
It is a tradition in mass media to compile an end-of-the-year list. While the Jakarta Globe has covered “Indonesian Stories That Raised Eyebrows in 2012” and “The Biggest News Stories of 2012 Have Only Just Begun,” do not forget to take a moment to review environmental issues.
Indonesia is often dubbed as a country plagued with amnesia. Hence, here are a few of environmental stories that made headlines over the past year — those that still need to be followed up in 2013.
Illegal Wildlife Trading
Indonesian Police arrested a Depok resident in possession of dozens of stuffed rare animals and pelts in July — after a long hiatus on breaking down illegal wildlife trading.
At least 25 stuffed animals and pelts of rare and protected species were seized by the police, in Cimanggis, Depok, West Java, in the July raid.
The items confiscated included 14 tigers, two leopards, one clouded leopard, a lion and three bears. There were also two sacks full of tiger pelts, as well as a stuffed tiger head and four deer heads. This was considered as the biggest bust involving animal body parts.
In August, the Forestry Ministry arrested an antique dealer selling the skin of an endangered Sumatran tiger. At least four people were caught red-handed in Cilandak, South Jakarta, while attempting to sell a Sumatran tiger skin and a Javan leopard pelts.
Both cases violated the 1990 Natural Resources Conservation Law, for which the perpetrators could get up to five years in prison and up to Rp 100 million ($10,325) in fines.
The suspect in July bust, identified as Feri, was charged under the aforementioned law but was later released on bail. Both cases triggered fierce campaigns on major online shops in the country to stop facilitation transactions on rare and protected animals.
Orangutans Let Free
In 2012, there were still news about orangutans being kept as pets. But over the past year, at least 44 orangutans have been released and brought back into the wild from the Borneo Orangutan Survival Foundatio’s Nyaru Menteng Rehabilitation Center in Central Kalimantan.
Meanwhile, another six orangutans were set free from the Samboja Lestari Orangutan Reintroduction Program and Land Rehabilitation in East Kalimantan. The orangutans were sent to the Kehje Sewen forest, an ecosystem restoration area in the province.
There are still at least 600 orangutans waiting to be released. This release will contribute to the target set by the presidentially-mandated Indonesian Orangutan Conservation Action Plan 2007-2017. The plan was announced by President Susilo Bambang Yudhoyono at the Climate Change Conference in Bali in 2005.
The Birth of Andatu, Rare Sumatran Rhino
2012 was dubbed as the International Year of Rhino. A critically endangered Sumatran rhinoceros gave birth in captivity in June in more than a century.
The birth was recorded in history as the first successful breeding outside its natural habitat. The male calf was named “Andatu,” an acronym from his father “Andalas” and his mother “Ratu.” In Bahasa Indonesia, Andatu means “Anugerah Dari Tuhan” or Gift From God.
Andatu was born at the Sumatran Rhino Sanctuary in Way Kambas National Park, Lampung.
Indonesia, where one of only 11 nations where rhinos are found, is lucky to be the birthplace of Andatu. The country has two kinds of rhinos: the one-horned Javan rhino with only 35 left in Ujung Kulon National Park in West Java and the two-horned Sumatran Rhino, which only 200 left in the wild.
Tripa Peat Swamp and Environmental Crime
The Tripa peat swamp was the highest profile case in Indonesia since 2011. The debacle caught intense attention both from the Indonesian authorities and the international world.
The case was brought into attention by local people in Aceh in late 2011 revealing issuance of a permit to clear 1,605 hectares of forest inside the Leuser ecosystem in Nagan Raya district by then-governor Irwandi Yusuf to a plantation company Kalista Alam in the Tripa area. The permit issuance was a breach to Indonesia’s commitment on forest moratorium, which was pledged in 2009.
The Aceh chapter of the Indonesian Forum for the Environment (Walhi) then filed a lawsuit against Irwandi to revoke the permit. The Indonesian authority, under the REDD (Reducing Emission from Deforestation and Degradation) task force, also took action by requesting the Ministry of Environment to conduct investigation over the case.
Both institutions have claimed that the permit was violating the moratorium agreement. In September this year, Walhi won the lawsuit at the Medan State Administrative Court, North Sumatra, which called for Aceh administration to scrap the permit awarded for the company.
The ruling was then followed through by the now-elected Aceh governor Zaini Abdullah in September, who finally revoked the permit of the company in Tripa.
The Tripa forest, part of the rich Leuser Ecosystem, is home to the world’s densest population of critically endangered Sumatran orangutans and one of the few places on earth where orangutans, Sumatran tigers and sun bears can still be found living side-by-side.
There is still ongoing court process over the Ministry of Environment.
Hazardous Toxic Waste
The beginning of 2012 started off with 113 containers of dangerous and hazardous waste mixed with scrap metals entered Tanjung Priok harbor shipped from England and Netherlands.
This hazardous waste was said to be the “largest shipment” ever transported into the country and became an important issue from Environment Minister Balthasar Kambuaya and Finance Minister Agus Martowardojo at that moment.
The 113 containers were sent back to its original country: 89 containers to England and 24 containers to Netherlands. It did not stop there. The customs widened its inspection and targeted an additional 3,446 containers from Tanjung Priok, 130 containers at the Tanjung Perak port in Surabaya, 11 containers at the Tanjung Emas port in Semarang and 77 containers at the Belawan port in Medan.
As a result, the ministry was bombarded with protesters claiming from scrap metal association and demanded to release the containers as they might lose their income.
From the law enforcement side, the ministry is currently investigating 254 containers and preparing for legal actions based on the 2009 Law on Environmental Management and Protection, the 2008 Law on Waste Management and the 1995 Customs Law for violating the documents. Currently, eight people were declared as suspects: two Chinese and the rest were Indonesians.
Related articles
- Stop Burning Rain Forests for Palm Oil (scientificamerican.com)
- Hairy little rhino the hope of his kind (news.com.au)
Save Orangutans and The Tripa Peat Swamp Forest
December 2012: The Sumatran orangutan is losing habitat fast. Pristine forest in Indonesia is being carved up, set on fire and converted into palm oil plantations at a shocking pace. The drive for profit is seeing palm oil companies also move into areas of protected forest – like the Tripa Peat Swamp Forest in Aceh. Home to many iconic species, including the densest population of the last remaining 6,600 Sumatran orangutans, Tripa is also a critical carbon storehouse for the planet.
The destruction of Tripa is having disastrous consequences: for the wildlife and biodiversity which is perishing with it, for the local communities whose livelihoods depend upon it, and for all the rest of us as carbon emissions escalate. Tragically, over 80% of orangutans in Tripa forest are estimated to have perished as a result of this habitat destruction.
But in a case that could make history, two palm oil companies are now facing court for operating illegally in Tripa. The tireless efforts of local and international NGOs have pushed this issue forward and it is about to become a real test case for Indonesia. If the law is upheld and the law-breakers are punished then there is hope for protecting other areas of forest in Indonesia in the future. If not, the law loses even more ground and greed gets the green light. International public pressure is urgently needed to help uphold Indonesia’s environmental laws and to take a stand against this blatant exploitation for the benefit of so few. Please add your voice and help show that the world is watching this case.
What you can do right now:
1. Sign this petition to demand that the law be upheld in the Tripa case:
http://www.change.org/saveTripa2
2. Find out more and donate to the campaign at:
http://www.sumatranorangutan.org/
3. Like and Share this video as widely as possible.
REDD+ Indonesia – Tripa a Catalyst for Change
Indonesia plans to use Rawa Tripa in its westernmost province of Aceh, where the country had a recent victory in peatlands protection, as learning grounds to improve forest governance and legal enforcement through license review.
This video gives description about the collaborative coordination between NGO’s, Local and Central Government efforts to reduce deforestation and forest which took swift actions.
Fears over Indonesia’s thirst for palm oil
The roar of chainsaws has replaced birdsong, the once-lush, green jungle scorched to a barren grey. The equivalent of six football pitches of forest is lost every minute in Indonesia.
Tanjung Puting Nat Park – Orang Utan, Proboscis Monkey Camp Leakey -
The disappearance of the trees has pushed thousands of animals—from the birds they harbour and sustain to orangutans, gibbons and black panthers—out of their natural homes and habitats.
They have been replaced by plantations that are too nutrient-poor to support such wildlife, instead dedicated solely to producing fruit that is pulped to make oil used globally in products ranging from food to fuel.
A palm oil tree can yield useable fruit in three years and continue doing so for the next 25 years. But such wealth creation has meant environmental destruction. “We don’t see too many orangutans any more”, said a worker with a weather-beaten face, taking a break in the shade of a hut built on a path gouged out of the forest floor.
Experts believe there are about 50,000 to 60,000 orangutans left in the wild, 80 percent of them in Indonesia’s Borneo and the rest in Malaysia. Exact data on their decline is hard to come by, say primatologists. “What we see now is a contest between orangutans and palm oil for a home,” said Sri Suci Utami Atmoko from National University in Jakarta. “You can judge that the population is depleting from the loss of orangutan habitats.” Gibbons, often recognisable by the rings of white fur that frame their faces, are among the hardest-hit species. “There are 100,000 gibbons in Borneo. But in 15-20 years, there will be more viable populations,” said Aurelien Brule, a French national based in Borneo for 15 years who runs an animal sanctuary. Gibbons rescued from the destruction of their forest homes cannot be returned alone into new wild habitats. “Other pairs protecting their own territory would kill them,” said Brule, adding that rampant deforestation has wiped out sites suitable for single animals. Enlarge A bulldozer that is used in clearing forest land for palm oil plantations in Borneo. The roar of chainsaws has replaced birdsong, the once-lush, green jungle scorched to a barren grey. The equivalent of six football pitches of forest is lost every minute in Indonesia. There is also a human cost, with the permits for plantations resulting in the eviction of indigenous people.
Abdon Nababan, the secretary general of AMAN, an Indonesian indigenous peoples alliance, said there is no exact data but recorded cases of land conflict are in the hundreds, with thousands of people possibly affected. “Palm oil has brought fortune to Indonesia, but it has been gained with blood,” said Jakarta-based forest campaigner for Greenpeace, Wirendro Sumargo. Indonesia, the world’s biggest palm oil producer, has exponentially increased the land dedicated to the commodity from 274,000 hectares (680,000 acres) in the 1980s to 7.32 million hectares in 2009, government documents show. The industry has helped push Indonesia’s GDP growth rate above 6.0 percent every year since 2005, but at the cost of huge tracts of rainforest. An area roughly the size of Denmark was lost between 2000 and 2010 across Indonesia and its neighbour Malaysia, according to a study published last year in the Global Change Biology journal. Despite some backlash around the world, including an unsuccessful attempt in France to push an amendment to quadruple tax on palm oil to discourage consumption—the destruction is unlikely to stop any time soon. Indonesia, which together with Malaysia holds 85 percent of the market, aims to increase production more than 60 percent by 2020. To appease environmental concerns, it last year imposed a moratorium on new permits in primary forests and peatlands. But critics say it is a cosmetic move, with plantations overlapping sensitive environments. One example can be found in the Tripa Peat Swamp Forest, in the northwest of Aceh province, home to endangered species such as Sumatran rhinos and tigers. In this area, “we have evidence that five palm oil firms are doing illegal practices”, said Deddy Ratih, forest campaigner for WALHI/Friends of the Earth Indonesia. Derom Bangun, the chairman of umbrella organisation the Indonesian Palm Oil Board, doesn’t deny the issue but says improvements are being made. “The government has seen (the violations) and has taken steps to fix it. Ultimately we want the palm oil industry to work according to the rules,” he added. In an effort to improve their image, some palm oil firms have joined the Roundtable on Sustainable Palm Oil (RSPO), a forum consisted namely of green groups and growers. The WWF, one of the founders of RSPO, admitted that there is still a conservation shortfall. “Generally land allocation for plantations still overlaps with primary forests and peatlands, including in areas that are the habitat of key species,” said Irwan Gunawan, WWF deputy director of market transformation in Indonesia. “We are encouraging the government to pay attention to this,” he added.
Palm Oil company PT Kallista Alam fails to show in court case filed by Indonesia’s Ministry of Environment over destruction of world renowned Sumatran Orangutan stronghold, the Tripa Peat Swamp Forest.
Press Release – 27/11/2012 – For International Distribution
Palm Oil company PT Kallista Alam fails to show in court case filed by Indonesia’s Ministry of Environment over destruction of world renowned Sumatran Orangutan stronghold, the Tripa Peat Swamp Forest.
[Meulaboh] Today the Court of Meulaboh, in Aceh Province, Indonesia, held its first hearing of a civil case brought by Indonesia’s Ministry of Environment and Attorney General’s Office vs the palm oil company, PT Kallista Alam, for crimes conducted in the Tripa Peat Swamp Forest.
The Indonesian Ministry of the Environment was represented by prosecutors from the Attorney General’s Office of the Republic of Indonesia. PT Kallista Alam, on the other hand, did not appear, causing the trial to be postponed since the judges were unable to address both parties.
One of the prosecution team, Lawyer Ryan Palasi, expressed disappointment over the company’s absence, “it suggests the defendant is not taking the proceedings seriously and not committed to settling the case,” he said after the hearing.
Conservation Director for the Sumatran Orangutan Conservation Programme said “We very much welcome this landmark action by the Ministry of Environment and will be monitoring the case closely, There continues to be a huge amount of international interest in the events in Tripa, building the momentum for multiple investigations and this case to proceed. Earlier this year, the Administrational Court of Medan found that at least one concession owned by PT Kallista Alam in Tripa was illegal, resulting in Aceh Governor Zaini Abdullah immediately showing strong leadership towards conservation by revoking the highly controversial permit. Tripa is indeed a high profile case with considerable international interest in how the Indonesian Government’s current prosecutions progress” he added.
Chairman of Friends of the Earth Indonesia’s Aceh office (WALHI Aceh), TM Zulfikar, concurred, “Walhi Aceh applauds the determination shown by the Ministry of Environment in bringing this case to the law court in Meulaboh. We hope this case will help strengthen land use planning and illustrate consistency in natural resource management within the province. Improved governance and accountability of law breakers is urgently needed to ensure Aceh’s natural resources can be managed more sustainably in future for the numerous benefits they provide for Aceh’s people. We would advice business operating in Aceh to disengage with environmentally destructive activities, much of the destruction of the Tripa ecosystem has be done illegally, and now its time to redress the balance and bring those responsible to account.”
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The Tripa Peat Swamp Forest comprises 61,000 hectares, within the larger 2.6 million hectare protected Leuser Ecosystem; one of South East Asia’s most important biodiversity hotspots and the only place on earth where the Sumatran Tiger, Rhino, Elephant and Orangutan can all be found living side by side.
The start of legal proceedings in this case coincides with a visit to Indonesia by the Crown Prince of Norway, Haakon Magnus, and his wife, Crown Princess Mette-Marit, who according to press reports are interested in discussing environmental issues with President SBY whilst they are here. The Scandinavian country pledged a $1 billion assistance package to help protect Indonesian forests in 2010, on the condition that there is a verifiable reduction in deforestation and deforestation in Indonesia. Before the current wave of destruction by oil palm companies began in Tripa, these swamps provided abundant fresh clean water for local communities, and even today is a carbon store of global importance in the battle against climate change. In fact, large tracts of Tripa are also off limits to new plantation developments under a moratorium on new plantations in primary forests and peat swamps established by President SBY as part of the Government’s commitment under its 1 billion dollar agreement with Norway.
“Satellite imagery and community reports identify at least three companies operating in Tripa that have clearly breached the moratorium and other government legislation. These include concessions claimed by PT Kallista Alam, PT Surya Panen Subur 2 and PT Dua Perkasa Lestari,” said Deddy Ratih, Spatial Planning Advocacy Manager for WAHLI Indonesia. “We would like to invite Crown Prince Magnus and Indonesian President SBY to visit Tripa so they can see first hand the continuing deforestation, including those areas clearly off limits under the agreement between the two countries, to alert them to the realities on the ground and the fact that forest clearance and drainage of the peatlands is still continuing despite the legal processes now ongoing. All the palm oil companies in Tripa need to be reviewed to ensure they abide by the permits, and if the permits do not follow the law, they should be immediately revoked, the law of Indonesia needs to be followed” he added.
These sentiments were echoed by a local community member who wished to remain anonymous, due to fears of retribution from the companies concerned. “We are happy to see the Government’s efforts to help us save and restore Tripa, but are also concerned as the destruction of Tripa is still continuing on the ground, even today. These companies keep setting new fires to clear the forest, new canals are still being dug to drain the swamps, and the area is still dying as a result. Even though this case has now been brought to court something urgently needs to be done to stop activities on the ground immediately, or we will still lose Tripa forever,” he continued.
“Perhaps the biggest crime”, concluded an impassioned Dr Singleton, “is that despite all the
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investigations, the court proceedings, and some successes so far, we may well end up with justice in the courts, but still lose the unique Tripa peat swamp forest ecosystem and its globally important Sumatran Orangutan population. Time is running out, and stopping illegal activities in the field and closing the drainage canals in Tripa has to be the number one priority. For the companies representatives to not even appear before the court when summoned today shows an all time low to the respect to courts, law and Government of Indonesia by the palm oil companies who operate in Tripa, they really must just believe the rules do not apply”.
The next hearing in this high profile environmental case is scheduled to be held in the district court of Meulaboh, Aceh Province, on 12th December.
ENDS
For further comment please contact:
Dr. Ian Singleton
Director of Conservation, Sumatran Orangutan Conservation Program
Email: mokko123@gmail.com
Deddy Ratih
Spatial Planning Advocacy Manager, WALHI (Friends of the Earth) Indonesia
Email: ube.hitar@gmail.com
Yuyun Indradi
Political Campaigner, Greenpeace Indonesia
Email: yuyun.indradi@greenpeace.org
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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)
Related articles
- Melanie Subono investigates the destruction of Tripa Peat Swamp (endoftheicons.wordpress.com)
- Governor: Protect Tripa Peat Swamp (endoftheicons.wordpress.com)
- Historic Cancellation of Oil Palm Permit Opens Door for Prosecution of Companies Crimes (endoftheicons.wordpress.com)
