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PT Agri Bumi Sentosa: Must Pay Rp 752 Billion for 1.500 ha in Flame



PT Agri Bumi Sentosa: Must Pay Rp 752 Billion for 1.500 ha in Flame

InfoSAWIT, JAKARTA - PT Agri Bumi Sentosa (ABS) was proved to be guilty for 1.500 hectare - areas were in flame and must pay compensation and recovery cost. Panel of Judge of Government Court of Jakarta with the Chairman, Heru Hanindyo, and Members - Dulhusin and Dariyanto on 28 December 2022 granted the lawsuit of Ministry of Environment and Forestry (MEF) against PT Agri Bumi Sentosa (PT ABS) and sentenced that PT ABS is proved to be guilty which flamed 1.500 hectares om September 2019 that caused peat damage of PT ABS areas in Village of Karya Tani, Sub district of Barambai, District of Barito Kuala, South Kalimantan Province.

The judges mentioned, PT ABS did unlawful action and must pay material compensation about Rp 160.691.175.300,00 and environmental recovery cost about Rp 591.555.032.300,00 and also has strict liability.

The lawsuit of MEF to PT ABS was registered to Jakarta Pusat Court on 29 December 2021 with Register Number 816/Pdt.G/LH/2021/PN JKT PST.

General Director of Law Enforcement MEF, Rasio Ridho Sani said, MEF consistently does law enforcement in environment and forest, including fire in the forests and areas. This is about to realize fairness and people’s constitutional rights to advantage the good and healthy environment, save the natural resources in Indonesia to welfare the people.

Rasio Ridho Sani did appreciate the sentence of the judges for having checked and decided the civil case about the fire in the forests and areas by having the sentence to the environment (in dubio pro natura). The appreciation was also delivered to the experts, attorneys of the country, and the authority of Minister of Environment and Forestry that supported and reinforced the civil case in the court which MEF faced.

“The fire in the forest and areas is extraordinary crime that causes smog which seriously impacts and endangers the people’s health. The smog would sometimes last and in many regions, including to another countries. Carbon emission from the fire would be high. The wild and natural conservation would get disturbed and even dead. Peat ecosystem would come to an end because of flame and it cannot be recovered as it was. The economic and environmental losses would be very much,” Rasio Ridho Sani said in his official statement, Friday (6/1/2023).

The decreasing numbers of fire should be our moment that climate change agenda of Indonesia through Indonesia Forestry and Other Land Use (FOLU) Net Sink 2030 could be realized. There is no other option to sentence the actors of the fire both in administration, crime, and civil to deliver justice and deterrent effect, as Rasio Sani explained.

Meanwhile, Jasmin Ragil Utomo, Director of Environmental Dispute Resolution General Directorate of Law Enforcement MEF, as the attorney of MEF told, the lawsuit of MEF is right and shows that MEF is serious to sue every forest and area logger though the sentence was a little bit different with the petitum of MEF lawsuit toward PT ABS.

“The sentence of Court of Jakarta Pusat Number 816/Pdt.G/LH/2021/PN JKT PST granted some of the lawsuit of MEF towards PT ABS but to confirm what to do next, it would be done after the attorney of MEF gets copy of sentence from the Court of Jakarta Pusat,” Ragil Utomo mentioned. (T2)


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