PT. Kallista Alam suing Aceh Government in regard to revoking permit
Original Article in Bahasa Indonesia is available here Free translation by Adji Darsoyo
Banda Aceh – Legal Councelors of PT. Kalista Alam, Alfian C. Sarumaha assisted with his colleagues from Luhut Marihot Parulian Pangaribuan (LMPP) law firm, Rebecca F. Elizabeth, stated that this is still the first phase, which is the inspection of the preparation. “It’s not yet open for public,” said Alfian. He explained that PT. Kalista Alam filed law suit against the Governor of Aceh, Zaini Abdullah, upon the Decree of the Withdrawal of PT. Kalista Alam’s permit in Tripa. “We questioned the Governor on the issuance of the particular Decree,” added Alfian.
The agenda on the next court session still waits for the schedule from the Judge of the Administrative Court Banda Aceh. “Indeed, being the litigants, we are requested to improve the law suit,” said Alfian to The Globe Journal on Thursday (29-11-2012) at the court in Banda Aceh.
Head of the Legal Division and PR of the Government of Aceh, Makmur, met at the court said that his team are ready to challenge the law suit. “The object of the dispute is the Decree of Kalista Alam’s Permit Withdrawal for Tripa,” he said.
According to Makmur, the objective of the withdrawal of Kalista Alam’s permit upon 1,605 ha are explicitly addressed within the Decree based on the decision of the Administrative High Court of Medan upon WALHI Aceh’s appeal.
“We are ready to challenge the law suit, we have prepared 6 legal advisors,” emphasized Makmur stating that it is still in the phase of inspection of preparation.
Base on The Globe Journal’s observation, the inspection session preparing both litigant and plaintiff have been conducted in a closed session in the office room of the Vice Chairman of the Judge of the Administrative Court of Banda Aceh, Yusri Arbi. The case is registered under the number 18/G/2012/PTUN BNA. The litigant is Subianto Rusid and the plaintif is the Governor of Aceh.
PT Kalista Alam’s permit withdrawal is contained in the Decree of the Governor of Aceh No 525/BP2T/5078/2012 dated on 27 September 2012. The decree also revoked the previous decree of the former governor (Irwandi Yusuf) with the number 525/BP2T/5322//2011 re Plantation Permit for PT Kalista Alam covering 1.605 ha.
According to Makmur, the withdrawal was based on the decision of the Administration High Court of Medan through a document No. 89/B/2012/PT TUN-MDN dated on August 30, 2012. Amongst the decisions is to grant the litigant (WALHI Aceh) and to order the plaintif (the Governor of Aceh) to withdraw the challenged decision of Administrative Court granting the Plantation Permit for PT Kalista Alam.
More over, the Article 45 A point 2C of the Law No. 5/2004 on the Amendment of the Law No. 14/1985 on the Supreme Court declared that any dispute on state administrative procedure, which challenged the decision of a regioanal officials, than this particular case does not fulfil any single requirement for casation. (The Globe Journal)
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