Tag Archive | Environmental Law

State Attorney Lawyers File The Legal Case of Tripa Peat Swamp This Week

atjehpost

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)

 

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Waiting for The Rescue of Tripa Peat Swamp

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,