The Supreme Court of the Republic of Indonesia rejected the appeal submitted by PT Transon Bumindo Resources (PT TBR) and PT Bumi Morowali Utama (PT BMU) in a civil dispute against PT PAM Mineral Tbk. This cassation decision strengthens the decisions of the West Jakarta District Court and the DKI Jakarta High Court which sentenced PT TBR and PT BMU to pay compensation of Rp314 billion.
The decision with permanent legal force is contained in Supreme Court Decision Number 6481 K/PDT/2024 dated December 16, 2024. In its ruling, the Supreme Court confirmed that the two defendants were proven to have committed an unlawful act by closing the country's road which was used together by a number of mining companies in the Laroenai Village area, Bungku Pesisir District, Morowali Regency, Central Sulawesi.
PT PAM Mineral Tbk's attorney, Damianus H. Renjaan, stated that the rejection of cassation is proof that PT TBR and PT BMU's road closure measures have no legal basis.
"This decision confirms that the road belongs to the state, has never been released by other parties, and therefore should not be closed unilaterally. As a result of this closure, our clients cannot transport mining products, even the state is disadvantaged by losing potential income from taxes," Damianus said in his statement, Friday, May 23.
Damianus also emphasized that the Mining and Mineral Law guarantees the rights of Mining Business Permit holders (IUP) to carry out their activities without illegal obstacles. He hopes that the defendants obey the contents of the Supreme Court's decision voluntarily.
"If not, we will file a request for confiscation of the execution of the assets of PT TBR and PT BMU," he said.
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His party also urged the West Jakarta District Court to immediately hold a warning (amaning) hearing for the two companies to carry out the contents of the verdict. Damianus reminded that PT TBR and PT BMU are foreign investment companies that are obliged to respect Indonesian law, including court decisions that have permanent legal force.
This dispute began in early 2022 when PT TBR and PT BMU closed the access to the hauling road in Laroenai Village, which was used by PT PAM Mineral to transport its mining products. Mediation efforts facilitated by the local government have not yielded any results. PT PAM Mineral finally took legal action to the West Jakarta District Court.
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