Bandung Administrative Court Judges in wednesdayy Dec 6th, 20017 had decided to revoke Indramayu 2 coal power plant 2x1000MW environment permit .
The lawsuit filed by Mekarsari and surrounding villagers who are members of the Indramayu Smoke Free Network (JATAYU) on the planned power plant development project.
WALHI West Java assessed the development project of PLTU Indramayu 2 x 1000 MW in Desa Mekarsari defects in procedure and substance. Some of the basic environmental permits of Indramayu coal power plant 2 procedure and substance defects are:
- The Regent has no right to issue the object of the lawsuit. The issuance of the object of the law in this case the environmental permit is contrary to the laws and regulations, namely Article 27 Paragraph (1) and Paragraph (3) of the Regional Government Law and the Appendix to the Regional Government Law. I Letter Y sub number 1.
- The Regent does not have the authority to issue an environmental permit so that the environmental permit must be declared invalid and all legal consequences arising from the issuance of the object of the lawsuit are considered never existed.
- Environmental permit issued without an Environmental Feasibility Decision Letter (SKKLH). As required in Article 36 paragraph (2) of Law 32/2009, “Environmental Permits are issued based on environmental feasibility decisions.”
- Environmental permit issued without Involving Participation of Affected Communities. As regulated in Article 26 paragraph (2) of Law no. 32 of 2009 on Environmental Protection and Environmental Permit
- Objects of the lawsuit shall be issued on the basis of EIA documents containing legal defects, errors, and misuse of documents and/or information, resulting in substantive defects. Among the initial environmental condition, Determination of the magnitude and nature of important hypothetical impacts, holistic evaluation of all important impacts; and Environment Monitoring and Management Planning.
- Issuance of Object Objects Contrary to Good Governance General Principles.
The above grounds are in accordance with the decision of the Judge stating the defendant’s exceptions are rejected entirely. The judge judged because it has no legal basis. In addition, the Panel of Judges considered that the decree issued by the Regent of Indramayu is not his the authority. Rather it is the authority of DPMPTSP Indramayu. As stated in Regulation No.15 of 2015 on the One Stop Service Integrated Guidelines. In addition, the Defendant also stated that the defendant’s exception, blurred, did not meet formal requirements, expired, had no interest, and did not involve the government officials of the village apparatus.
Executive Director of WALHI West Java, Dadan Ramdan said the revocation of environmental permit PLTU Indramayu 2 is a victory of villagers. The main target is no more coal-fired power plant that robs people’s living space and threatens health in the future.
In addition, Gugun Kurniawan from LBH Bandung representing the Climate Justice Advocacy Team said with the decision of the panel of judges today to be a reprimand to Jokowi to review large-scale projects in West Java due to potential loss and loss of people’s livelihoods.
“ Another Japan-backed power project in Indonesia in legal trouble. Japan urged to respect Indonesian law and withdraw from controversial power projects in Indonesia” Dwi Sawung from Walhi National Executive said” The other Japan Project is Cirebon 2 coal power plant”.
- Dadan Ramdan, walhi west java executive director, +62 812-2264-9424
- Gugun Kurniawan, Bandung Legal Aid, +62 813-2205-2016
- Dwi Sawung, WALHI mgr Energy and Urban, +62 815-610-4606, email@example.com