KLHK's Indemnity Lawsuit Wins, PT Sumber Sawit Sejahtera Is Obliged To Pay Rp160 Billion

Photo by Tingey Injury Law Firm on Unsplash

JAKARTA - The Ministry of Environment and Forestry won the battle with PT Sumber Sawit Sejahtera at the Central Jakarta District Court. The judge granted the ministry's claim for compensation. PT Sumber Sawit Sejahtera is obliged to pay Rp160 billion due to land fires.

This verdict was passed by the judge on 10 November. PT Sumber Sawit Sejahtera was convicted and paid a loss of Rp 160.5 billion. PT Sumber Sawit Sejahtera was proven to have caused its concession area of 400 ha to burn in February 2019.

In the verdict of the Panel of Judges, it was stated that PT Sumber Sawit Sejahtera was proven to have committed an illegal act and was obliged to pay compensation of Rp. 160,530,240 in accordance with the KLHK lawsuit, and stated that the lawsuit used absolute responsibility (strict liability).

"We will use all legal instruments so that the forest and land fires are deterred, including the possibility of revoking permits, compensation, fines, imprisonment and company dissolution," said Director General of Gakkum, KLHK, Rasio Ridho Sani to VOI, Friday, November 13.

"We remind you again, the Ministry of Environment and Forestry will not stop pursuing and taking action against the perpetrators of forest and land fires. Even though the forest and land fires have been going on for a long time, we can trace the traces and evidence of forest and land fires with the support of experts and forensic technology," threatens Rasio Ridho Sani.

The sentence against PT Sumber Sawit Sejahtera does not stop there. The company was also charged with environmental crime by Riau Police Investigators. Pelalawan District Court found PT Sumber Sawit Sejahtera guilty and had to pay a fine of Rp 3.5 billion and an additional penalty of Rp 38.6 billion, with a total fine of more than Rp 42 billion.

PT Sumber Sawit Sejahtera is proven legally and convincingly because negligence has resulted in exceeding ambient air quality standards, water quality standards or environmental damage standard criteria, does not apply environmental impact analysis or environmental management efforts and environmental monitoring efforts, environmental risk analysis and monitoring living environment.

Director of Environmental Dispute Resolution Jasmin Ragil Utomo, said that currently there are 19 companies related to forest and land fires being sued by KLHK.

"There are already 9 cases with permanent legal force with a claim value of Rp3.15 trillion. The number of forest and land fire cases that we are going to sue will continue to increase," said Jasmin Ragil Utomo.

Ratio Ridho Sani appreciates the decision of the Jakarta District Court Panel of Judges who examine the case as well as experts. This verdict shows that forest and land fires are an extraordinary crime.

"The corporation must be responsible for the forest and land fires in their location. The Panel of Judges has applied the principle of in dubio pro natura. We really appreciate this decision," concluded Rasio Ridho Sani.