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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The Globe Journal,Firman Hidayat
Wednesday, August 1, 2012
The countdown on the status of the large scale oil palm companies operating on this highly carbon absorbing swamp has started. At last, the Government of Aceh is involved through the establishment of an internal investigation team. In one step, Tripa Peat Swamp will either be restored or destroyed. The commitment of the Governor of Aceh will decide.
“The Governor of Aceh has the authority to withdraw all permits in Tripa Peat Swamp if those companies are still clearing by burning,” said the Head of the Legal Office of the Province Secretariat of Aceh, Makmur Ibrahim SH M Hum.
Interviewed by The Globe Journal after attending an internal meeting related to Tripa Peat Swamp on Tuesday afternoon (31/7), Makmur said that the meeting decide to send a joint team on Thursday (2/8) consisting of different offices such as Bapedal, BP2T, Government Offices of Aceh, the Police, Provincial Office of Forestry and Plantation,” he said.
“If companies in Tripa Peat Swamp are violating their permits, if there is any clauses within the permits, e.g. Operation and implementation not in accordance to the permits, both technically and administratively alligned with the existing regulation, as well as the Regulation of the Ministry of Agriculture No. 62/2007 containing statement forbidding clearing by burning, Which is also written in the Environmental Law,” added Makmur.
The clause stated that if companies conduct land clearing by burning, this is clearly violating the regulation and the permit could get revoked.
Further, all companies in Tripa Peat Swamp are obliged to frequently submit physical report. “Concerning the report, there is none up to now,” said Makmur convincing.
According to Makmur, the leter from UKP4 and from WALHI Aceh about the withdrawal of the permits of two companies in Tripa Peat Swamp can only be used as additional references. “If there is no violation, the letter is not strong enough, except it is decided through a legal process,” he said.
Currently, the Government of Aceh only focuses on the withdrawal of the permits of PT. Kalista Alam. “We will finalise one by one. PT. SPS-2 is also in our investigation list. This means, the team will submit their recommendation regarding the withdrawal of companies’ permits in Tripa Peat Swamp,” he said.
According to a liable source to The Globe Journal after the meeting, the Governor of Aceh, Zaini Abdullah, stated that the permits of two companies are to be withdrawn, since they have violated the law through clearing by burning. I addition, those companies in Tripa Peat Swamp have never submitted their report, which is frequently due every six months.
Related to the burning, whether it is deliberately or accidentally, it is clear that the companies are obliged to control the fire, but the companies seem to be incapable to control the wide spreading fire. “So the permits of those companies in Tripa Peat Swamp will be withdrawn,” said the source to The Globe Journal, who also attended the meeting,