Palangkaraya District Court Grants KLHK Karhutla Lawsuit against PT. AUS

Palangkaraya District Court Grants KLHK Karhutla Lawsuit against PT. AUS

Palangkaraya, Wednesday, October 23, 2019, the Palangkaraya District Court Judge Panel chaired by Judge Kurnia Yani Darmono, SH., M.Hum with Judges Mahfudin, SH., MH and Alfon, SH., MH granted KLHK’s lawsuit against PT Arjuna Utama Sawit (PT. AUS). PT AUS was declared to have committed an unlawful act on a fire that occurred at the PT AUS area of 970 Ha in Katingan, Central Kalimantan. The Panel of Judges sentenced PT. AUS to pay material compensation and environmental recovery costs of Rp. 261 Billion. The verdict of the PN Judges is lower than the lawsuit filed by KLHK of Rp. 359 billion.

Palangkaraya, Wednesday, October 23, 2019, the Palangkaraya District Court Judge Panel chaired by Judge Kurnia Yani Darmono, SH., M.Hum with Judges Mahfudin, SH., MH and Alfon, SH., MH granted KLHK’s lawsuit against PT Arjuna Utama Palm Oil (PT. AUS). PT AUS was declared to have committed an unlawful act on a fire that occurred at the PT AUS area of 970 Ha in Katingan, Central Kalimantan. The Panel of Judges sentenced PT. AUS to pay material compensation and environmental recovery costs of Rp. 261 Billion. The verdict of the PN Judges is lower than the lawsuit filed by KLHK of Rp. 359 billion.

Forest and land fire is a serious crime because it has a direct impact on public health, the economy, damage to ecosystems and impacts on large areas for a long time. There is no other choice so that we must act as hard as we can.

“We will use all legal instruments so that the perpetrators of this forest and land deterrent, including the possibility of revoking permits, compensation, fines, imprisonment and company dissolution,” said Ratio Sani.

Meanwhile, Jasmin Ragil Utomo, Director of the Settlement of Environmental Disputes, said that currently there are 17 companies related to forest and land fires being sued by KLHK. There have been 9 cases that have permanent legal force (Inkracht Van Gewijsde), with a lawsuit reaching Rp. 3.15 trillion. The number of forest and land fires we sue will increase.

Regarding the forest and land fires that occurred in 2019, KLHK has now sealed 83 locations of the corporation that caught fire and named 8 corporations as suspects. One individual case of forest fire will soon be heard.

Regarding the verdict of the Palangkaraya District Court Judge, Ratio Sani appreciated the decision of the Panel of Judges. We see that this ruling shows that karhutla is an extraordinary crime (Extra Ordinary Crime). The corporation must be responsible for the forest and land fires in their location. The Panel of Judges has applied the principle of in dubio pro natura, the principle of prudence and in adjudicating cases using the burden of proof with strict liability. We really appreciate this decision, concluded Ratio Sani.

Source: https://www.facebook.com/ditjengakkum.klhk/