Jakarta Globe, Nurdin Hasan, January 9, 2014
An aerial view of burning peatland in Rawa Tripa in Aceh is seen in this handout photo taken March 27, 2012. (Reuters Photo) |
A court in
the Aceh district of Meulaboh has declared palm oil company Kalista Alam guilty
of clearing Rawa Tripa peat forests in Aceh by burning land.
“Based on
trial evidence, we declare PT Kalista Alam guilty of having burned peatlands in
Rawa Trip forest, which has caused environmental damages,” chief judge
Rahmawati said, during a seven-hour reading of the verdict that ended on
Wednesday night.
The
Meulaboh District Court also ordered for the confiscation of 5,769-hectare land
run by Kalista Alam in Aceh, and for the company to pay fines and restoration
fees.
“We order
PT Kalista Alam to compensate material losses worth Rp 114 billion ($9.45
million) and pay environment restoration fees totaling Rp 251 billion.”
The ruling
also sets a Rp 5 million daily fine for each day the company delays paying the
compensation and restoration costs.
The panel
of judges at the court rejected all the company’s defense arguments. They said
Kalista Alam’s activities in Rawa Tripa destroyed as many as 1,000 hectares of
land in the peat forest, more specifically the sections situated in Darul
Makmur subdistrict in the Aceh district of Nagan Raya.
The civic
lawsuit was filed by Indonesia’s Ministry of Environment in 2012, following
intense protests from environmental activists against the company’s activities
in the peatland forest.
The
ministry originally demanded that Kalista Alam pay Rp 300 billion in
compensation.
The Banda
Aceh Administrative Court in May last year ruled in favor of Kalista Alam in
its lawsuit against the Aceh governor’s revocation of its permit to clear and
operate on a 1,605-hectare land in Rawa Tripa, a forest and peatland region in
the province’s Nagan Raya district.
Kalista
Alam obtained the permit to open the plantation from then-Governor Irwandi
Yusuf in August, 2011. But the governor’s decision was met with protests by
environmental activists who said that the area was the habitat of critically
endangered Sumatran orangutans and other rare animals.
The Aceh
chapter of the Indonesian Forum for the Environment (Walhi) attempted to drag
the governor to the Aceh state administrative court, but the court rejected
Walhi’s suit on April 3, 2012. Walhi then appealed the ruling to the Medan High
Court. On Aug. 30, 2012, the Medan High Court ordered the governor, now Zainal
Abdullah, who was elected in April 2012, to revoke the permit.
Kalista
Alam’s lawyer, Alfian C. Sarumaha, told journalists after the hearing that his
client would appeal the case.
“The judges
[based the verdict] merely on several samples, and didn’t examine all the
1,000-hectare land allegedly [destroyed],” he said.
Kalista
earlier argued that its burning of land in Rawa Tripa was already in line with
existing regulations.
A director
of Kalista Alam, identified only as S. R., and a subordinate are standing a
separate trial in the same court in Meulaboh over a criminal lawsuit concerning
the same case.
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