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)
- Tomorrow, The Civil Trial for Tripa Case Will Be Held In Meulaboh (endoftheicons.wordpress.com)
- 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. (endoftheicons.wordpress.com)
- Melanie Subono investigates the destruction of Tripa Peat Swamp (endoftheicons.wordpress.com)
- Aceh Revokes Permit for Controversial Oil Palm Plantation (endoftheicons.wordpress.com)
- State Attorney Lawyers File The Legal Case of Tripa Peat Swamp This Week (endoftheicons.wordpress.com)
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)
- 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)
Article was originally published by in The Globe Journal, free translation by Sumatran Orangutan Conservation Programme (SOCP)
Firman Hidayat | The Globe Journal
Wednesday, July 18, 2012 17:30 WIB
Banda Aceh – After WALHI Aceh massively exposed the controversial ‘in principle’ permit, Irwandi Yusuf finally admitted that he regretted issuing it and wants to revoke it. There was pressure on me to issue the ‘in principle’ permit, there was support for it from several people and agencies.
“I regret signing the permit for PT. Kalista Alam,” said the former Governor of Aceh, Irwandi Yusuf.
Irwandi Yusuf’s remorse suggests he was forced to issue the in principle permit. “The permit I issued was no different from one issued by the Regent of Nagan Raya, and there was no influence at all,” said Irwandi Yusuf.
The problem of the permit for PT. Kalista Alam is very unfortunate. Irwandi himself also admitted that he had previously rejected the company’s request many times. “I ‘kicked it aside’ almost for two years, until evaluations eventually appeared from the provincial Forestry Office regarding the Leuser Ecosystem issue and a letter from the Police stating that the company had no legal problems,” said Irwandi convincingly.
“It could actually have been a problem if I had just ignored these letters. I could have been sued in the Administrative Court, since all requirements for the permit appeared to be fulfilled,” he continued.
Still, Irwandi did not simply rely on the supporting recommendations of these others, so he consulted with Aceh Green, and it appeared the Tripa Peat Swamp was not included in the moratorium map issued by President SBY.
Then there was an assessment or analysis by the Provincial Forestry Department regarding the Leuser Ecosystem, identifying that the utilisation of the area of the Leuser Ecosystem did not preclude this, if there was already an existing permit. “Tripa Peat Swamp is within the Leuser Ecosystem, but there is an exception that already existing permits (i.e. when the Ecosystem was established) must be respected, and what’s more, the official map of the Leuser Ecosystem was only newly made,” said Irwandi Yusuf.
“I only issued an “in principle” permit, with the Regent of Nagan Raya, whilst the concession permit itself comes from the Central Government, which the company itself takes care of,” said Irwandi during his press conference at Rumoh Aceh on Wednesday (18/07) lunchtime.
“I regret that I signed it, but since the Police said there was no problem, and as the Head of the District Parliament in Nagan Raya , Samsuardi (also known as Juragan), and a Chinese person came to see me, and they (Juragan and the Chinese person) said that they wanted to accommodate 30% plasma with the plantation, since, according to them, many community members from Nagan Raya are still unemployed, I then signed the permit,” stressed Irwandi Yusuf.
Actually, the Tripa problem lies with the company, PT Kallista Alam. According to the former Governor of Aceh, they still do not have a full concession permit, but the company has already started work. “If they don’t yet have the concession permit and they are already working that is clearly wrong,” he repeated.
“I would really like to revoke that permit letter,” said Irwandi Yusuf, closing the interview.
Revoke All Permits
The Coalition Team to Save the Tripa Swamps (TKPRT) urged the current Governor of Aceh, Zaini Abdullah, to send a recommendation to related Ministries regarding the withdrawal of all concession permits in the Tripa Peat Swamp, Nagan Raya District.
TKPRT’s spokesperson, Irsadi is waiting to see if Aceh’s Governor is brave enough to apply an immediate moratorium on all activities by concessions in the Tripa Peat Swamp and then revoke all permits within Tripa.
Irsadi has also expressed sincere appreciation to the UKP4 (REDD+ Task Force) in Jakarta, who have already written to the Governor of Aceh to revoke the permits of two of the problem companies, namely PT. Kallista Alam and PT. Surya Panen Subur-2.
“It would be far better to cancel all the concession permits in the Tripa Peat Swamps,” emphasized Irsadi.
Provincial Forestry Office is Provincial Branch of Department of Forestry on National Level
Leuser Ecosystem Management Authority is Provincial Government Agency managing Leuser Ecosystem