InfoSAWIT, JAKARTA –In 2014 Court of Meulaboh in West Aceh sentenced that palm oil company, PT Kalista Alam (KA) should pay Rp. 114.3 billion or equal to US$ 8.5 million to the country and Rp. 251.7 billion or equal to US$ 18 million to recover a 1.000 hectare area that had been burnt. PT KA did not accept the sentence and appealed to Court of Aceh, and the last, it did cassation. The Supreme Court rejected the cassation of PT KA and sentenced the Court of Meulaboh to execute PT KA.
But two years after the Supreme Court sentence, the execution is not done. Harli Muin, a lawyer of GeRAM – an organization to defend the Leuser Ecosystem area – said, Ministry of Environment and Forestry (MEF) told that the sentence is final. Chairman of Court of Meulaboh should do it and no reason to postpone the execution. “We do know, PT KA did judicial review in September 2016. But according to Chapter 66, paragraph 2, Regulation No. 14 / 1985, Judicial Review could not postpone the execution,” he said in the official statement to InfoSAWIT, Tuesday (28/11)
Front man of GeRAM, Fahmi Muhammad, said, on18 April 2017, Supreme Court rejected the judicial review of PT KA. So Court of Meulaboh has no reason to postpone the execution. We surprised knowing that on July 20th, Court of Meulaboh legally protected PT KA from the decision No. 1/Pen/Pdt/eks/2017/Pn.Mbo.
Then PT KA claimed MEF, Chairman ofKoperasi Bina Usaha, National Land Agency, Aceh Province, Investment and One Service Agency, Aceh Province within the case numbers No. 14/Pdt.G/Pn.Mbo. Court of Meulaboh sentenced that the sentence in 2014 could not be done for there has been new claim. “Actually no new claim proposed by the company and it could justify the court to postpone the execution,” he said.
For information, the Gambut Rawa Tripa area is one of wide three peat areas in Aceh, within the depth 12 meters. It contributes to absorb the carbon in Aceh. Millions of tons of carbon are released to the atmosphere in every single year by burning the peat. This burdens not only the economy in Indonesia but also the health and safety for the citizens. This is a loss for the neighbor countries, such as, Singapore, and contributes to the global climate. From the researches done, peat in Aceh could absorb 1.200 tons per hectare carbon. Besides absorbing the carbon, peat could prevent the flood, support the fishermen, and provide the conservation for species.
“The destruction of Gambut Tripa is an environmental tragedy and should not happen again. If PT KA could deny the justice, it is horrible to enforce the environmental law in this country. The same company, as the influence, would be braver to damage the environment illegally to get benefits. If they see the good opportunity, they could play game with the law in Indonesia,” he said.(T2)