Tag Archive | PT Kallista Alam

Palm oil company fined US$30m for clearing 1,000 hectares in Indonesia

Company ordered to pay US$30m for burning 1,000 hectares for palm oil plantation

An Indonesian court has ordered a palm oil company to pay almost US$30 million to the state for illegally clearing peatland in a “historic” ruling, government lawyers said yesterday.

The Meulaboh district court on Sumatra island ruled on Wednesday that Indonesian company Kallista Alam had illegally burned vegetation on 1,000 hectares of peatland in Aceh province to clear it for a palm oil plantation.

In the civil case brought by the Ministry of Environment, the court ordered the company to pay 114.3 billion rupiah (HK$73 million) in losses to the state and 252 billion rupiah to rehabilitate the land it destroyed.

The forest was protected under several laws, including a presidential decree suspending new permits to log peatland and some other types of forests across the country.

Using fire to clear land is also illegal. The practice has sent choking haze across parts of Southeast Asia in recent years.

“This is a historic moment for law enforcement on environmental issues in Indonesia. We hope it will deter plantation companies from damaging the environment,” the environment ministry’s lawyer, Syafruddin, said.

The case was seen as a test of the moratorium on logging permits and of reform in the country’s corrupt and mismanaged forestry sector, which has allowed destruction of habitats to plant palm oil and timber.

Environmental groups welcomed the decision, saying it was a sign of improved law enforcement and would set a precedent.

“This is a clear message to companies working in Aceh who think they can destroy protected forests and get away with it,” Friends of the Earth Indonesia chairman Muhammad Nur said.

Indonesia, home to one of the world’s largest expanses of tropical rainforest, is also the world’s biggest palm oil producer.

The company’s lawyer, Alfian Sarumaha, said Kallista Alam would likely appeal the ruling.

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KLH : No Settlement of the Case Without Compensation

Ilustrasi
Original in Bahasa Indonesia: The Globe Journal
Meulaboh – The Legal Adviser of the Ministry of Environment (KLH) Fauzul Abrar emphasized that compensation for the enviromental damage caused through clearing by burning and obligation to rehabilitation has been integrated in the civil lawsuit of the Ministry, thus compensation is still to be covered.

“No settlement without any compensation,” he emphasized during interview with journalists prior to the mediation hearing at the District Court of Meulaboh, Wednesday (30/1/2013).
He explained that the expected achievement is civil process with compensation as target. “This is it, what is expected in a civil proces,” he said.
His team will be looking from the side of the facts and evidence, as well as the existing requirements. The mediation is actually an effort to settle any civil case without having to deal with the principle case.
“If there is an agreement, please, but we see this as mediation session, so our foundation is still the content of the lawsuit,” continued Fauzul.
The mediating judges will pursuit the possibility of settlement of the case, which will be impossible without any compensation. Concerning rehabilitation, this must be carried out.
In reply to this matter, the lawyer of Kalista Alam, Luhut Pangaribuan over a text message to The Globe Journal conveyed that the accusation is different than the fact. “This is about proving,” he said.
What and who violate environmental law? Kalista Alam did not conduct any violation and support the environmental sustainability. Since this is the fact, Kalista Alam is convinced that there will be win-win-solution. “Except if there is another agenda, such as politic,” as stated in the short message from Luhut Pangaribuan.

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.

Press Release – 27/11/2012 – For International Distribution

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.

[Meulaboh] Today the Court of Meulaboh, in Aceh Province, Indonesia, held its first hearing of a civil case brought by Indonesia’s Ministry of Environment and Attorney General’s Office vs the palm oil company, PT Kallista Alam, for crimes conducted in the Tripa Peat Swamp Forest.

The Indonesian Ministry of the Environment was represented by prosecutors from the Attorney General’s Office of the Republic of Indonesia. PT Kallista Alam, on the other hand, did not appear, causing the trial to be postponed since the judges were unable to address both parties.

One of the prosecution team, Lawyer Ryan Palasi, expressed disappointment over the company’s absence, “it suggests the defendant is not taking the proceedings seriously and not committed to settling the case,” he said after the hearing.

Conservation Director for the Sumatran Orangutan Conservation Programme said “We very much welcome this landmark action by the Ministry of Environment and will be monitoring the case closely, There continues to be a huge amount of international interest in the events in Tripa, building the momentum for multiple investigations and  this case to proceed. Earlier this year, the Administrational Court of Medan found that at least one concession owned by PT Kallista Alam in Tripa was illegal, resulting in Aceh Governor Zaini Abdullah immediately showing strong leadership towards conservation by revoking the highly controversial permit. Tripa is indeed a high profile case  with considerable international interest in how the Indonesian Government’s current prosecutions progress” he added.

Chairman of Friends of the Earth Indonesia’s Aceh office (WALHI Aceh), TM Zulfikar, concurred, “Walhi Aceh applauds the determination shown by the Ministry of Environment in bringing this case to the law court in Meulaboh. We hope this case will help strengthen land use planning and illustrate consistency in natural resource management within the province. Improved governance and accountability of law breakers is urgently needed to ensure Aceh’s natural resources can be managed more sustainably in future for the numerous benefits they provide for Aceh’s people.  We would advice business operating in Aceh to disengage with environmentally destructive activities, much of the destruction of the Tripa ecosystem has be done illegally, and now its time to redress the balance and bring those responsible to account.”

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The Tripa Peat Swamp Forest comprises 61,000 hectares, within the larger 2.6 million hectare protected Leuser Ecosystem; one of South East Asia’s most important biodiversity hotspots and the only place on earth where the Sumatran Tiger, Rhino, Elephant and Orangutan can all be found living side by side.

The start of legal proceedings in this case coincides with a visit to Indonesia by the Crown Prince of Norway, Haakon Magnus, and his wife, Crown Princess Mette-Marit, who according to press reports are interested in discussing environmental issues with President SBY whilst they are here. The Scandinavian country pledged a $1 billion assistance package to help protect Indonesian forests in 2010, on the condition that there is a verifiable reduction in deforestation and deforestation in Indonesia. Before the current wave of destruction by oil palm companies began in Tripa, these swamps provided abundant fresh clean water for local communities, and even today is a carbon store of global importance in the battle against climate change.  In fact, large tracts of Tripa are also off limits to new plantation developments under a moratorium on new plantations in primary forests and peat swamps established by President SBY as part of the Government’s commitment under its 1 billion dollar agreement with Norway.

“Satellite imagery and community reports identify at least three companies operating in Tripa that have clearly breached the moratorium and other government legislation. These include concessions claimed by PT Kallista Alam, PT Surya Panen Subur 2 and PT Dua Perkasa Lestari,” said Deddy Ratih, Spatial Planning Advocacy Manager for WAHLI Indonesia. “We would like to invite Crown Prince Magnus and Indonesian President SBY to visit Tripa so they can see first hand the continuing deforestation, including those areas clearly off limits under the agreement between the two countries, to alert them to the realities on the ground and the fact that forest clearance and drainage of the peatlands is still continuing despite the legal processes now ongoing. All the palm oil companies in Tripa need to be reviewed to ensure they abide by the permits, and if the permits do not follow the law, they should be immediately revoked, the law of Indonesia needs to be followed”  he added.

These sentiments were echoed by a local community member who wished to remain anonymous, due to fears of retribution from the companies concerned.  “We are happy to see the Government’s efforts to help us save and restore Tripa, but are also concerned as the destruction of Tripa is still continuing on the ground, even today. These companies keep setting new fires to clear the forest, new canals are still being dug to drain the swamps, and the area is still dying as a result. Even though this case has now been brought to court something urgently needs to be done to stop activities on the ground immediately, or we will still lose Tripa forever,” he continued.

“Perhaps the biggest crime”, concluded an impassioned Dr Singleton, “is that despite all the

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investigations, the court proceedings, and some successes so far, we may well end up with justice in the courts, but still lose the unique Tripa peat swamp forest ecosystem and its globally important Sumatran Orangutan population. Time is running out, and stopping illegal activities in the field and closing the drainage canals in Tripa has to be the number one priority. For the companies representatives to not even appear before the court when summoned today shows an all time low to the respect to courts, law and Government of Indonesia by the palm oil companies who operate in Tripa, they really must just believe the rules do not apply”.

The next hearing in this high profile environmental case is scheduled to be held in the district court of Meulaboh, Aceh Province, on 12th December.

ENDS

For further comment please contact:

Dr. Ian Singleton

Director of Conservation, Sumatran Orangutan Conservation Program

Email: mokko123@gmail.com

Deddy Ratih

Spatial Planning Advocacy Manager, WALHI (Friends of the Earth) Indonesia

Email: ube.hitar@gmail.com

Yuyun Indradi

Political Campaigner, Greenpeace Indonesia

Email: yuyun.indradi@greenpeace.org

Historic Cancellation of Oil Palm Permit Opens Door for Prosecution of Companies Crimes

 

03 October 2012

INTERNATIONAL PRESS RELEASE

Coalition to Save Tripa Peat Swamp Forest

“Historic Cancellation of Oil Palm Permit Opens Door for Prosecution of Companies Crimes

Latest Satellite Image shows company still burning protected peatlands”

JAKARTA – Less than one week after history was made as the Aceh Government revoked the first industrial palm oil permit from the Tripa Peat Swamp Forest, a coalition of NGO’s known as ‘Save Tripa Peat Forest’ highlighted today in a press briefing additional clear breaches of Indonesia’s multi million dollar forest protection agreement with Norway, only kilometers from the first location, and demanded National Police increase their activities to quickly bring these crimes to trial.

Deddy Ratih, Forest Campaigner for Walhi (Friends of the Earth Indonesia) explained “This continues to be a the leading test case for a National problem. While the revocation of PT Kallista Alam is a step in the right direction, there is still much more action required by police and Government to resolve the problems in Tripa. The Ministry of Environment continues to investigate a raft of the envrionmental crimes in Tripa with no end in sight, meanwhile, the legal testomonies of local communities to the National Police continue to be ignored”

Kamarrudin, the lawyer representing local people and the environment in the Tripa case, said, “There are strong indications that the enforcement of the law in the Tripa case has been “hijacked” by the financial power of corporations operating in the Tripa peat swamps. This can be seen in the less than optimal work of the provincial and national police, and the investigators of the Ministry of the Environment. We request that the National Police Chief and the Ministry of the Environment immediately evaluate the investigative processes to date, and move forward with a thorough investigation of the criminal crimes against spatial planning, plantation and environmental laws and regulations in the Tripa peat swamps. We hope that this case, that has drawn national and international attention, will not be frozen by those with vested interests in the law enforcement and government agencies. We also hold the Ministry of the Environment to its promise to launch criminal and administrative against companies that have committed serious environmental crimes in the Tripa peat swamps”.

In an impassioned address, Adnan NS, a prominent Community leader from Aceh stressed, “Despite the recent cancellation of the PT Kallista Alam permit, and ongoing investigations into violations of the law by this and other companies in Tripa, on the ground nothing has changed yet. Community livelihoods continue to be destroyed, even though local community leaders travelled all the way to Jakarta to report this to the national police back in November 2011. We are still waiting for action and demand to know why their testimonies have been ignored”.

“Over the last two months I’ve been on speaking tours of both the USA and Australia, and all around the world people are continually asking me about the situation in Tripa.” Said Dr Ian Singleton, Conservation Director of the Sumatran Conservation Programme. “International interest in the governance of Indonesia’s remaining forests and rapidly declining wild species populations is extremely high, and to them my message is clear – anyone with a computer can now check on forest clearance in Indonesia, measure and quantify it, and get daily updates on illegal fires, and circulate that information globally. As individuals we have never before had access to so much quantifiable information in other parts of the world or the ability to share it so widely and people around the world continue to be extremely alarmed and concerned about Tripa, as what they see is that so far nothing has yet changed. Unless the destruction is halted very very quickly, we are still likely to see the local extinction of Sumatran Orangutans from Tripa in the very near future.

“The forest concession known as Dua Perkasa Lestari (DPL) has been marked as off-limits in all three releases of the Government’s moratorium map, a tool designed to reduce carbon emissions from deforestation and degradation, but satellite imagery from last week clearly show that burning and illegal clearing of Tripa’s peat swamp forests is still taking place. Furthermore, the DPL area has no clear HGU permit, it clearly lies within the Leuser Ecosystem protected by National Spatial Planning law 26/2007, and it contains peat over 3m deep.   There are three companies that have been the major burning culprits, namely PT.SPS2, PT DPL and PT KA. We should pay greater attention to this because it is in violation of Law No. 32/2009 on the Environmental Protection and Management” explained Riswan Zen, a Senior GIS mapping expert from the Univeristy of North Sumatra.

“Over 25,000 people have already signed a petition calling for immediate action to halt the destruction of Tripa’s unique ecosystem, from within Tripa itself, from Aceh, from Indonesia, and from all over the world, contributing to the recent closure of the illegal PT Kallista Alam concession. Now we, together with the local community, are launching a new petition (at http://www.change.org/savetripa2) calling on Indonesia’s National Police to support the findings of the REDD+ Taskforce and the Ministry of Environment, and immediately escalate the cases under investigation to formal prosecutions. Much more still needs to be done to protect the remaining forests of Tripa, Aceh, and Indonesia as a whole. But the recent cancellation of the illegal PT Kallista Alam concession is an historic legal precedent for the country and it now needs to be followed up with the investigation and processing of all law breakers, and prosecution for their offences” Said Usman Hamid of Change.org Indonesia.

Its up to all of us to take action to protect the environment, and it can be as simple as signing a petition online, sharing it with your friends, tweeting and using social media to make our country a better place for all Indonesians,” said Melanie Subono. “I’m proud to have signed the petition to save Tripa and to see our laws finally being enforced. In fact, it is our duty as citizens to demand that our laws be upheld, especially those protecting the environment we all live in. Very soon I plan to visit Tripa and see the Orangutans, the forests, and the destruction still taking place with my own eyes. I’ll be going in close to 4 weeks time, and sincerely hope that before I get there, the National Police will have finally begun to take action on this globally important issue”

For further media comment or information, please contact:

Dr Ian Singleton

Director of Conservation, Sumatran Orangutan Conservation Program

mokko123@gmail.com

Deddy Raith

Forest Campaigner, WALHI Indonesia (Friends of the Earth Indonesia)

ube.hitar@gmail.com

Yuyun Indradi

Political Campaigner, Greenpeace Indonesia

yuyun.indradi@greenpeace.org

 

Graft suspected in palm oil conversion

This photo made available on June 29th, 2012 showing numerous illegally lit fires continue to rage the peat swamp forest of Tripa, SOCP/YEL (Handouts/Editorial use ONLY)

Sita W. Dewi, The Jakarta Post, Banda Aceh

Tue, July 10 2012, 9:18 AM
Paper Edition | Page: 4

Smoke rising from several spots scattered throughout more than 61,000 hectares of carbon-rich Tripa peat swamp forests in Nagan Raya regency, Aceh, could be easily seen from a Cessna 208 Caravan aircraft flying low above the area on Thursday last week.

Onboard the airplane were a number of top officials from agencies tasked with investigating a case involving palm oil company PT Kallista Alam, which was alleged to be responsible for the fires that have threatened the ecosystem of about 200 orangutans living in the area.

The case also caught the attention of the global community and has tainted the reputation of President Susilo Bambang Yudhoyono, who has only recently returned from the Rio +20 Summit where he touted his green initiatives, which include programs like a moratorium on deforestation.

A petition signed by concerned individuals from around the world, questioning the Indonesian government’s ability to halt the environmental destruction at Tripa, have prompted the authorities to take action.

The police, the Environment Ministry and the Forestry Ministry are all on the case, with the Presidential Working Unit for the Supervision and Management of Development (UKP4) pushing for action.

The UKP4’s visit to the site was part of a move to examine the situation on the ground and collect evidence against the palm oil company.

Technicalities in the law, however, have hamstrung the investigation.

Aerial photographs of the Tripa peat swamp, for example, cannot be used as evidence by the investigation team.

“Based on the Information and Transaction Law, photographs can be only be used as evidence if they are backed up by an official report from the investigation and direct [confirmation and] testimonies from employees from the company who joined the trip,” the Environment Ministry’s investigation division head, Shaifuddin Akbar, said at the Cut Nyak Dien airport in Nagan Raya last week after wrapping up the aerial inspection. PT Kallista Alam’s employees were unavailable to take part in the task force’s investigative fly-over.

Akbar added that the team also had conducted a ground check to complete their investigative report.

Environment Ministry’s head investigator Sudariyono said that his team found strong indications that PT Kallista Alam, had deliberately burned the peat swamp to convert the area to an oil palm plantation.

“First, an aerial view showed a pattern to the burning of the forest, a strong indication that it was planned. Second, we could see that the company had done nothing to put out the fire, let alone implement preventive measures against fire. We found no personnel or fire fighting equipment stationed in the area.

Sudariyono said that all offenses were found in peatland protected by a governmental regulation.

“Our ground check found that Rawa Tripa was a peatland with a depth of three meters or more, meaning that it is protected under a 1990 presidential decree,” Sudariyono said.

He said that the investigation team was expected to file a criminal and civil suit against PT Kallista Alam and seek damages for causing environmental destruction in the area.

National Police director for special crimes Brig. Gen. Gatot Subiyaktoro said that preliminary findings indicated that the company had violated Law No. 18/2004 on plantations by conducting illegal land clearing, burning land and planting oil palms without permits.

He added that the police also found irregularities in the issuance of the plantation’s permit.

Then Aceh governor Irwandi Yusuf granted the permit to the company on Aug. 25, 2011, contradicting Presidential Instruction No. 10/2011 on the moratorium for new permits in primary forests and peatland
conversion.

Gatot said that Irwandi, who recently lost the local election in April to Zaini Abdullah, likely broke the law by overstepping his legal authority, as the issuance of such permit only needed approval from a regent.

“To pursue our investigation, we will question experts on plantation and state administration soon,” Gatot said.

The UKP4 has recommended PT Kallista Alam’s permit be revoked.

Representatives from several NGOs, including the Aceh chapter of the Indonesian Forum for the Environment (Walhi), the Aceh Legal Aid Institute, Wetlands International as well as representatives from the Leuser Ecosystem Management Authority (BPKEL), have demanded the government shut down drainage canals in Tripa peatswamp that were used by the company to drain the peat in order to prevent further degradation of the peatland.

The Tripa peat swamp was included in the Forestry Ministry’s latest “Indicative Moratorium Map” of 65,282,006 hectares of natural forests and peatland that are considered off-limits for commercial activities.

The map serves as a guideline for local administrations when issuing licenses for forest clearance for commercial purposes.