Banda Aceh, August 28 2019—The panel of judges of Banda Aceh Administrative Court (PTUN) has granted WALHI Aceh’s lawsuit related to the object of dispute over the issuance of Borrow-to-Use Forestry Permit (IPPKH) No. 522.51/DPMPTSP/1499/2017 issued by the Governor of Aceh to PT. KAMIRZU for the development of PLTA Tampur-I (Hydropower plant).
Muhammad Nur, Director of WALHI Aceh stated, “The court ruling is a victory for the people. The creation of healthy environment and fulfillment of the right to the environment is a form of legal justice that we have achieved today.”
M Nur appreciates the decision. He considers that it is very rare for a court to give a decision in favor of environmental aspects.
The lawsuit is granted because the governor was deemed to have issued a permit which was not his authority. The governor issued the permit of IPPKH for the construction of hydropower plant of PT. KAMIRZU, covering an area of 4.407 hectares while in fact the authority is only for an area under 5 hectares and is not for commercial purpose.
In addition, in their consideration, the judges stated that the issuance of permit in Leuser Ecosystem Area (KEL) contradicts with the Article 150 of Aceh Government Law.
Another interesting thing in the decision is the legal finding and precision of the judge in regard the object of dispute (IPPKH) which turned out have been changed or revised with new IPPKH on January 29, 2019. The judges stated because of the revised form it was considered as a single entity. Therefore, the judges withdrew the amendment from the trial and stated the cancellation of IPPHK for PT. KAMIRZU. This decision is important given the large number of legal maneuvers by local government and corporations in opposing or outsmarting the court decision, just like what happened on the cancellation of Supreme Court’s ruling on Raw Tripa cases and the Amendment of AMDAL (Environmental Impact Assessments) by PT. Semen Indonesia in Central Java.
The judges’ decisions are described as follows:
In the Exception, rejects the exceptions of Defendant and Defendant II in intervening everything.
In the Principal Case, 1.) Granting the plaintiff’s lawsuit. 2.) Declaring cancelled/invalid Government of Aceh Decree No. 522.51/DPMPTSP/1499/2017 dated June 09 2017 concerning about provision of IPPKH for the development of hydropower plant Tampur-I (443 MW) covering an area of more or less 4.407 Hectares on behalf of PT. KAMIRZU in Kabupaten Gayo Lues, Kabupaten Aceh Tamiang, dan Kabupaten Aceh Timur, Aceh, alongside the amendment. 3.) Require the defendant to revoke the disputed object and the amendment. 4.) Paying the legal judgment in joint responsibility.
Zenzi Suhadi, Head Department of Advocacy of WALHI National Executive expressed his appreciation of the court decision toward environment. This is a step forward to protect Leuser Ecosystem and people in Aceh.
After the cancellation of Borrow-to-Use Forestry Permit for PT. KAMIRZU, all the company activities in the area is form of violation of Forestry Law. Therefore, all the activities must be ceased.
Contact Person:
M Nur – Director of WALHI Aceh +62 812-6970-494
Zenzi Suhadi – Head Departement of Advocacy WALHI Executive National +08128985005
