Efforts to extinguish forests in Kalimantan peatlands, 24 September 2015.
(Ministry of Environment and Forestry)
Jakarta – A number of environmental non-governmental organizations (NGOs) who are members of the Anti-Forest Mafia Coalition have revealed several irregularities in the decision of the panel of judges at the Palembang District Court which rejected the government's lawsuit against PT Bumi Mekar Hijau (BMH) worth IDR 7.9 trillion.
Previously, the government through the Ministry of Environment and Forestry (KLHK) sued PT BMH, a subsidiary of the Sinar Mas Group - involved in the forest fire case in South Sumatra.
The Anti-Forest Mafia Coalition is a combination of several organizations that care about environmental sustainability. These organizations include ICW, YLBHI, AURIGA, PWYP, JIKALAHARI, Riau Corruption Trial, Eyes on Forest, Arupa Sajogyo Institute, PIL-NET, Article 33.
In a joint press statement at the Indonesia Corruption Watch (ICW) office, Wednesday (6/1), researcher from the AURIGA Nusantara Foundation, Sahrul revealed this irregularity.
First, the panel of judges failed to pay attention to the applicable laws and regulations in the forestry sector regarding the responsibility of concession holders. The obligation of permit holders to protect their concession areas is stated in articles 23 and 24 of PP 45/2004 in conjunction with PP 60/2009, where various efforts must be made by concession holders to prevent and completely extinguish them.
Second, the panel of judges did not look at the impact of forest and land fires (karhutla) on ecosystem damage, the burden of forest and land fire mitigation costs, diseases caused by forest and land fires, and the stagnant economic sector.
The third reason is because the panel of judges does not understand the concept of the environment and forestry.
Researcher from PWYP, Elizabeth Napitupulu, said that the judge could not differentiate between the function of protected forest areas and the function of peat ecosystems.
"For example, the judge proved the function of peat from the forest area, even though in PP Number 71 of 2014 concerning peat ecosystems, the determination of the protective function of peat ecosystems is determined using a different mechanism," he said.
"They also urged the Supreme Court (MA) to conduct an examination of the Palembang District Court panel of judges who tried KLHK and PT BMH," said ICW researcher, Aradila Caesar.
Separately, the Judicial Commission (KY) stated that until now it had not found any ethical violations by the Palembang District Court (PN) judge who rejected the lawsuit.
"We don't know yet (the alleged ethical violation), if there is a report we will investigate it," said Plt. Chairman of KY Maradaman Harahap when confirmed by journalists after meeting KPK leaders at the KY Building, Jakarta.
On this occasion, KY Commissioner Joko Sasmito said that KY continues to monitor conditions at the Palembang District Court.
"It's still a pure decision, there are no indications yet. Monitor movement. "We continue to monitor contacts in Palembang," he said as quoted by Antara.
Meanwhile, Vice President Jusuf Kalla supports the government's appeal of the court decision.
"Of course the LHK ministry was not satisfied, he appealed," said JK.
The Ministry of Environment and Forestry sued PT BMH for the burning of 20 thousand hectares of concession forest land in 2014 in Simpang Tiga Sakti District and Sungai Byuku District, Ogan Komering Ilir Regency.
After a trial process since February 2015, the Panel of Judges chaired by Parlas Nababan consisting of Kartidjo and Eli Warti decided to reject the KLHK lawsuit on the grounds that there were no elements detrimental to the state as argued in the KLHK lawsuit.