Tag Archive | Jakarta

Governor Zaini: Tripa Peat Swamp Has To Be Seriously Taken Care Of

DENNY AFFANDI | Foto : DOK THE ATJEH POST, free translation by Adji Darsoyo

BANDA ACEH – Aceh Governor Zaini Abdullah said that he would bring the criminal case allegedly conducted by PT Kalista Alam in Tripa Peat Swamp.

“I think we will discuss this matter (the case of Tripa Peat Swamp) as soon as possible,” said Zaini Abdullah after inaugurating Banda Aceh’s Meyer and his Deputy, Mawardi Nurdin-Illiza Saaduddin Djamal, at the City’s Parliament Building today, Wednesday, July 4, 2012.

Governor Zaini also regretted the criminal act destructing Tripa Peat Swamp.

“This not supposed to happen and has to be seriously taken care of to avoid escalation,” said Zaini.

Now, the process of the case of Tripa Peat Swamp was led by the Presidential Working Unit and the team of the Central Police. The collaborated team will conduct site visit tomorrow. []

Tripa Peat Swamp Re-Included in the Moratorium

as published in KOMPAS, 22 May 2012

Government Consistency Positively Welcomed by Civil Organisations

Jakarta, KOMPAS – Tripa Peat Swamp in the Aceh’s Nagan Raya District is re-included in the second revision of the moratorium map. The area of 1,605 ha of PT. Kalista Alam intended for oil palm plantation will be protected against any logging or peatland clearing activities.

Deputy of Law Enforcement  of the Presidential Working Unit for Development Supervision and Control (UKP4), Mas Achmad Santosa,  said on Monday (21/5) in Jakarta that all company’s activities within the 1,605 ha area had to be halted. “Besides that, we also proceed with legal lawsuit,” he said.

He explained the currently investigated legal case in details, which is the indication of violation of the Law No. 32/2009 on Environmental Protection and Management in regards to the clearing by burning activity. Then, violation of the Law No. 18/2004 on Plantation, being operating without permit. Violation of the Law No. 5/1990 on Conservation of Biodiversity and its Ecosystem, since the company operates within the Leuser Ecosystem. For information, the Joint Investigators of the Ministry of Environment, the Attorney General and the State Police are now conducting the hearing of witnesses, including those from the company.

Besides criminal lawsuit, the UKP4 recommended that the Ministry of Environment, on behalf of the state, prosecutes the company to pay the damage caused by the destruction of the local ecosystem. The damage is currently being calculated by the Ministry of Environment.

Being asked about possible applied sanctions, the Head of UKP4, Kuntoro Mangkusubroto, said that the probability of corruption and state administration delicts would be traced back. “This is still being elaborated. To be cleared, guilty official can be administratively punished and corruption will face criminal charges,” he said.

Positively welcome

Separately, the Executive Director of Greenomics, Elfian Effendi, praised UKP4 for being consistent with the protection of Tripa Peat Swamp against destructive threats caused by palm oil expansion. “The consistency has saved orangutan habitat and the protecting function of Tripa Peat Swamp,” he added.

The case started in August 2011 as the Aceh Governor serving during that time issued a plantation permit for PT Kalista Alam. Although, in May 2011, the particular area in the permit, the 1,605 ha, was included within the areas of the moratorium.

But, under the first revision of the moratorium in November 2011, this particular area was excluded. The permit issued by the Aceh Governor was then filed for administrative court by WALHI. The panel of judges rejected the case and WALHI appealed.

This issue has been smelled by the UKP4 that recommended comprehensive investigation on the case, including onsite investigation. The investigation identified the lack of concession permit and other violations, such as clearing by burning of the peat and expired license.

Forestry Moratorium: Government Prepared Second Revision | KOMPAS

as published in KOMPAS, May 21 2012

Jakarta, KOMPAS – The Government will announce the second revision of the moratorium map on Monday (21/5). The revision combined all data from different agencies.

“We are in coordination with the Coordination Agency of National Survey and Mapping, National Land Agency and Ministry of Agriculture in the compilation of this revision. We collected issued permits and licenses before the Presidential Instruction was published,” said Bambang Soepijanto, Director of Urban Design of the Ministry of Forestry on Saturday (19/5) in Jakarta.

This revision is a mandate of the Presidential Instruction No. 10/2011 on the Moratorium on New Permits and Improvement of Primary Natural and Peat Forest signed by President SBY in May 2011.

The areas in the moratorium maps changes in numbers. When all data are collected and mapped, Bambang continued, the areas of primary natural and peat forest, on which no existing permit, will be identified.

Separately, the Head of the Moratorium Monitoring Working Group of the Task Force REDD+, Tjokorda Nirarta Samadhi, said that the map has initially only used data from the Ministry of Forestry. In November 2011, through the inclusion of data from other agencies, the first revision of the moratorium map was established.

According to Nirarta, each point of changes within the second revision would be marked with description on how it has changed. “So it will be traceable, why it has changed and based on what, e.g. permit of what number for the particular area,” he said.

Condition of Peatlands

The second revision would include data from the Ministry of Energy and Mineral Resources. The second revision would reduce the amount of peatlands of 49,000 ha based on various land use scheme. Ground verification identified an increase on the amount of protected/conservation areas of 500,000 ha.

Nirarta requested the public for not to stick on numbers, since the numbers can change based on the synchronisation and on cross checking between ministries.

“Don’t just look at the numbers but at the process of the compilation of the numbers. Through this moratorium map, each ministry is connected and communicate to each other even by heavy argument and hard discussion. I expect that here there is a standard procedure for the issuance of permits,” he said.

Orangutans die after clearing by burning | Der Spiegel

The perpetrators are threatened through high sentences:  One must pay a lot of fines and count up to 10 years in prison for burning Indonesian forest. Yet, two palm oil companies in Sumatra have set a large area of peat swamp on fire. More than a hundred orangutans could find their ends.

Jakarta – Dozens of orangutans could have died after clearing by burning in the northern part of Sumatra – Indonesian authorities have now initiated an investigation against two palm oil companies. Those were accused to have set a large area of peat swamp forest on fire in order to gain more space for their plantation, said a spokesman of the Ministry of Environment on Tuesday.

According to local environmentalists, about hundred orangutans died in Tripa Forest, only 200 were alive. All great apes in this area could by the end of this year eliminated.

A total of 6600 orangutans are estimated in Sumatra. Environmentalists have sent warning for months. Only 14,000 of an initially 60,000 ha forest in this region were intact.

Clearing by burning is restricted in Indonesia and can be penalized for 10 years in prison and fined up to almost 800,000 Euro. Still, burning of forest is common to rapidly clear large areas. Thereby, climate damaging carbon dioxide emerges in peat swamp forest such as in Tripa, since not only tress but also the soil of meters deep are burned out.

The accused companies should have burned 1600 ha (16 km2). The companies Die beschuldigten Unternehmen sollen 1600 Hektar (16 Quadratkilometer) abgefackelt haben. The companies reject the allegations and make local farmers responsible.

Just by the beginning of April failed a lawsuit filed by the environmentalists. They have tried to stop a permit through the court that allowed palm oil producer PT Kallista Alam to clear 1600 ha of Tripa Forest for oil palm plantation. The court declared of being unauthorised. The parties would first have to reach an amicable agreement, so stated in the verdict.

“If the court had explained this earlier that it is not authorised, the case could have been filed in higher court,” criticised the biologist Ian Singleton, who leads the Sumatran Orangutan Conservation Programme (SOCP) and fights for years for the preservation of the forest. “One can call the Judges’ behaviour as ridiculous, if it was not so fatal for at least 200 critically endangered orangutans.”

Next Week, Hearing of Witnesses | KOMPAS

Next Week, Hearing of Witnesses 

Jakarta, Kompas – Joint investigator consisting of Ministry of Environment, Police and Attorney General on Monday (21/5) were scheduled to start collecting information from witnesses on the case of clearing by burning in Tripa Peat Swamp within the Aceh’s Leuser Ecosystem. The witnesses are from the companies PT Kalista Alam and PT Surya Panen Subur 2. This is the follow up on the site investigation sometimes ago.

“Now is the first call for witnesses from both companies. Other witnesses are also from government agencies, such as Provincial Government of Aceh and the National Land Agency,” said Sudariyono, Deputy of Environmental Law Enforcement of the Ministry of Environment, last Friday in Jakarta.

Currently, the team has collect information from local community in Nagan Raya, filed to strengthen the findings of the investigators.

On site, the team of investigators found evidence of clearing by burning of Tripa Peat Swamp area for the purpose of oil palm plantation. Burning of land violates the Article 108 of the Law No. 32/2009 on the Protection and the Management of the Environment, with the minimum sentence of 3 years up to 10 years in prison and fine of between IDR 1 to 10 billion.

Besides criminal law, investigators also apply civil law based on the environmental destruction caused by fire, which is defined as state loss. “We are currently calculating the damage. The civil process runs in parallel to the legal process of the crime suit,” he said.

The case of Tripa emerged after WALHI and some other NGOs in Aceh filed a law suit against the Governor of Aceh on the issuance of permit for 1,605 ha within the Leuser Ecosystem. The law suit was rejected by the panel of judges of the administrative court in Banda Aceh.

The odd decision on the case has reached the Presidential Working Unit of Development Supervision and Control  (UKP4), which is also the Task Force REDD+. The Head of UKP4 Kuntoro Mangkusubroto recommended that the investigators of the Ministry of Environment, the Police and the Attorney General take over the case.

Over the phone on Friday afternoon, the Director of PT Surya Panen Subur, Eddy Sutjahyo Busiri, has received the summon for hearing. “It is scheduled for Tuesday. We will certainly attend and bring evidence and data,” he said.

He said that his company did not burn but was victim of burning by its neighbouring plantation. Thursday afternoon his staffs in Tripa Peat Swamp were on alert based on fire within the area of PT Kalista Alam.

”We alerted directly the police and Local Office of Environment to witness the fire themselves,” he said.

Improving Coordination

Separately, Tjokorda Nirarta Samadhi, the Coordinator of the Moratorium Monitoring Work Group of the Task Force REDD+, agreed that the case on Tripa opened the path for the review on the areas within the moratorium map.

He recommended that various government agencies coordinate with each other and monitor. (ICH)

Suspect In The Case of Tripa Peat Swamp Subject to Criminal and Civil Lawsuit | KOMPAS

Suspect In The Case of Tripa Peat Swamp Subject to Criminal and Civil Lawsuit

Ichwan Susanto | Marcus Suprihadi

Ministry of Environment investigation team collected more than a dozen soil samples as well as measuring peat depth from various hotspots in SPS2 concession. Upon field finding of company operating in peat deeper than 3 meter, MoE investigation team question why does the company illegally operate in deep peat? SPS2 representatives responded by claiming they have never measured the peat depth and he is not aware about the concession Environmental Impact Assessment document.

JAKARTA, KOMPAS.com —Investigating team on the case of Tripa Peat Swamp will go through criminal and civil lawsuit to solve the clearing by burning of Tripa Peat Swamp in Aceh‘s Nagan Raya District. This is expected to give example on law enforcement related to environmental cases.

“We (Ministry of Environment) will pursuit through criminal and civil lawsuit. The subject of responsibility can be the person in charge, corporate or both. We’ll see how the legal filing will looks like,” said Sudariyono, Deputy of Environmental Law Enforcement of the Ministry of Environment last Friday (18/5/2012) contacted from Jakarta.

He said that the onsite investigation of this case has been finalised last week by the team of joint investigators from the Ministry of Environment, the Police and the Attorney General. Now the case is prepared for filing and call on witnesses is in preparation.

The case on Tripa Peat Swamp emerged after WALHI and other NGOs in Aceh filed a lawsuit against the Governor of Aceh, who issued a permit for 1,605 ha within Leuser Ecosystem. The lawsuit was revoked by the panel of judges.

The odd decision of on the case has reached the Presidential Working Unit of Development Supervision and Control (UKP4), which is also the Task Force REDD+.

The Head of UKP4 Kuntoro Mangkusubroto recommended that the investigators of the Ministry of Environment, the Police and the Attorney General take over the case.

Sudariyono said that the crime conducted (by PT Kalista Alam and Surya Panens Subur 2) through clearing by burning violates the Law No. 32/2009 on the Protection and Management of the Environment. From the perspective of civil right, it causes environmental damages.

Ministry of Foresty Sent Letter To Aceh Governor Re Tripa Peat Swamp | KOMPAS

Ministry of Foresty Sent Letter To Aceh Governor Re Tripa Peat Swamp

Ichwan Susanto | Marcus Suprihadi

JAKARTA, KOMPAS.com- Indonesian Ministry of Forestry sent a letter to the Aceh Governor in order to have details on the permit issued by the former governor, Irwandi Yusuf,  on 1,605 ha to PT Kalista Alam. The respond from the current governor will be utilised as a base either to re-inlude the area into  or to keep the area excluded from the moratorium map.

“We have asked the Governor, whether the permit for PT Kalista Alam is a new permit or an extension,” said Bambang Soepijanto, Director General for Forest Planology of the Ministy of Forestry on Saturday in (19/5/2012) Jakarta.

If the permit for the 1,605 ha in Tripa Peat Swamp (part of Leuser Ecosystem) is a new permit, then the former Aceh Governor Irwandi Yusuf did not apply the Presidential Instruction No. 10/2011 forbidding any issuance of permit starting May 2011.

If it is an extension permit, while plantation and location permit are issued, Bambang declared not to be able to re-include in the moratorium map.

The urgency for the Ministry of Forestry to re-include the 1,605 ha of Tripa Peat Swamp comes from the community, NGOs and the Presidential Working Unit for Development Supervision and Control (UKP4).

WALHI has also sent a letter last February 2012 to the Aceh Govrnor requestng to withdraw the oil palm  plantation permit of 1.605 hektar for PT Kalista Alam in Tripa Peat Swamp Forest.