JAKARTA - The Ministry of Environment and Forestry (KLHK) has filed a legal resistance against the bankruptcy decision of PT Ricky Kurniawan Kertapersada (RKK) who failed to pay environmental losses in court decisions that have permanent legal force or inkracht.
The Director General of Law Enforcement (Gakkum) of the Ministry of Environment and Forestry, Rasio Ridho Sani, said that his party submitted objections or procedural plans at the Commercial Court at the Medan District Court (PN) which is currently in the trial process.
The KLHK step was taken after the curator did not include the Ministry of Environment and Forestry in the list of receivables, both temporary and permanent.
"The actions taken by the curator are clearly against the law and have the potential to harm the state, in this case, represented by the Ministry of Environment and Forestry," said Rasio Ridho at a press conference in Jakarta, Monday, February 12 afternoon, which was confiscated by Antara.
With the absence of the KLHK as a permanent creditor, the receivable bill of Rp191 billion that should have been paid by PT RKK is threatened with not being paid. This amount is a compensation for environmental losses and the restoration of ecological functions due to forest and land fires that have been inkracht until the decision of the Supreme Court (MA) in October 2018.
"We will also report the supervisory judges to the Supreme Court Supervisory Agency. In addition, because we see that there is bad ethics from PT RKK, we will take other legal steps, including we will explore the investigation of criminal acts committed by PT RKK," he said.
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According to him, the curator did not carry out the bankruptcy process properly, namely announcing and informing creditors of the bankruptcy decision of PT RKK.
The KLHK has submitted an objection so that bankruptcy does not become a mode for the defendants to avoid the obligation to pay environmental losses and restore ecological functions that already have permanent legal force.
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