PT Sinar Kalbar Raya Demands Justice For Reducing Forest Area Utilization

JAKARTA - PT Sinar Kalbar Raya (PT SKR) has challenged the decision of the Minister of Environment and Forestry (LKH) regarding the reduction in the area of business permits for the use of timber forest products in industrial forest plantations (HTI) from 38,000 thousand hectares (ha) to 31,721 ha. The lawsuit was filed with the Jakarta State Administrative Court (PTUN).

SKR's attorney, Damianus H. Renjaan, said that SKR was suing the Minister of Environment and Forestry Decree No. SK.75 which reduced the area of PT SKR's business license from 38,000 ha to 31,721 ha.

"SKR objected to the change in the area of the business permit for the use of forest products in production forests originating from a request from the regional government, because PT SKR had never given approval or a statement of no objection from the permit holder in the form of a notarial deed for the reduction of the land area," he said in a statement. written, Monday January 14th.

Moreover, he said, the reduction of the forest area managed by the company was not for the benefit of the community, but was turned into an oil palm plantation by one of the plantation companies in the area.

"The case is entering the evidentiary agenda, the Panel of Judges has ordered the court bailiff to summon PT RKP, which uses the land as an oil palm plantation area," Damianus explained.

Sinar Kalbar Raya (SKR) is a company engaged in the utilization of forest products that has a business permit for the utilization of timber forest products in industrial plantation forests (HTI). The Company has obtained a business license since 1993 to manage approximately 38,000 hectares (Ha) of HTI covering Kubu Raya Regency, Sanggau Regency, and Landak Regency, which are located in West Kalimantan Province. The SKR business license is valid for 60 years or ends in 2053.

The area of HTI managed by the company then shrunk after the Minister of Forestry issued SK.936 of 2013 which stated that some of the SKR business license areas had changed functions from forest to non-forest or other use areas (APL). In the seventh dictum of the Ministerial Decree, it is stated that the permit for forest utilization and use of forest area that is still valid and is in a forest area that has changed its designation will remain valid until the business permit expires.

"This means that although some of the SKR areas have changed the function of the area from forest to non-forest/APL, the SKR permit will remain valid until 2053," said Damianus.

Then in 2015, Damianus said, after the forest fires, part of the SKR business permit area in Landak Regency had been designated as a peat protected area by the Minister of Environment and Forestry (Minister of LHK). The Ministry of Environment and Forestry has written to forest utilization permit holders, including PT SKR and plantation business players, not to carry out activities in the peat area.

On April 29, 2016, the Governor of West Kalimantan sent a letter to the Minister of Environment and Forestry with a proposal to revoke PT SKR's business license on the grounds that PT SKR did not fulfill its obligations and left the location, despite the fact that PT SKR did not carry out business activities in some working areas in Landak Regency, because has been designated as a peat protected area.

Then on February 6 2018, the Head of the Regional III Forest Area Stabilization Center issued the results of a technical study of the function of forest areas for oil palm plantation areas. PT RKP is said to have a location permit for oil palm plantations that overlaps with the permit with a business license owned by PT SKR. Based on these findings, the Landak Regency Bappeda recommended that PT RKP first resolve the issue of overlapping its Location permit with PT SKR before obtaining the status of the permit area.

Damianus added, on December 10, 2020, the Regent of Landak sent an application letter to the Minister of Environment and Forestry to revise (addendum) the work area of PT SKR's business license on the grounds that the areaL of PT SKR's business license is in an area of other use and controlled by the community. Based on this fact, on March 21, 2021, the Minister of Environment and Forestry issued Decree Number SK.75 which reduced the area of PT SKR's business license from ± 38,000 ha to ± 31,721 ha.