InfoSAWIT, JAKARTA – To repond the released informed by Legal Enforcement Agency Ministry of Environment and Forestry (MEF) Region I Palangka Raya Kalimantan that mentioned investigation files with the suspect, PT. Berkala Maju Bersama (BMB) was complete by Central Kalimantan Attorney and informed by Media InfoSAWIT on 4 April 2024, through the attorney of PT BMB, Raden Liani Afrianty, SH on Sunday, 7 April 2024, she told that PT BMB had rights of reply.
According to the documents issued by Legal Enforcement Agency Ministry of Environment and Forestry (MEF) Region I Palangka Raya Kalimantan that mentioned investigation files with the suspect, PT. Berkala Maju Bersama (BMB) was complete by Central Kalimantan Attorney, it was not right, in a rush, a panic from the agency bccause of the pre-trial that the attorney of PT BMB proposed as the regulation in Chapter 77 until Chapter 83 Criminal Law Code juncto (jo) the Sentence of Constitutional Court Number 21/PUU-XII/2014, jo the Sentence of Constitutional Court Number 130/PUU-XII/2015.
She also emphasized it was contradictive to decide PT MBM as the suspect. The fact showed that pre-trial on 1 April 2024, Legal Enforcement Agency Ministry of Environment and Forestry (MEF) Region I Palangka Raya Kalimantan did not attend the session though the agency was officially invited and called. The agency just delivered a trial postponement document by saying that Legal Enforcement Agency Ministry of Environment and Forestry (MEF) Region I Palangka Raya Kalimantan was dealing with a case and should gathered evidences needed in the session. This showed Legal Enforcement Agency Ministry of Environment and Forestry (MEF) Region I Palangka Raya Kalimantan was not ready to deal with the pre-trial.
“Legal Enforcement Agency Ministry of Environment and Forestry (MEF) Region I Palangka Raya Kalimantan did not attend the session but they just delivered a trial postponement document by saying reason that its attorney was dealing with other case and gathering evidences needed in the examination session. This showed that the agency was not ready to face the pre-trial,” Raden Liani said in the rights of reply that InfoSAWIT got, Monday (8/4/2024).
Meanwhile, the statement by Legal Enforcement Agency Ministry of Environment and Forestry (MEF) Region I Palangka Raya Kalimantan about environmental pollution in Sungai Masien, Village of Belawan Mulya, Sub district of Manuhing, District of Gunung Mas, Central Kalimantan Province that made many fishes dead, the wastes flowing to impermeable pool that made the waste from waste pool flow to Sungai Masien, was denied by Raden Liani. The fact showed that the accusations were never be found and showed by Legal Enforcement Agency Ministry of Environment and Forestry (MEF) Region I Palangka Raya Kalimantan when examining the surrounding of the mill of PT BMB.
“We are confident that the dead fishes in Sungai Masien happened not from the pollution from PT BMB. The fact showed, the team of PT BMB checked by walking along the riverside of Masien up to the upstream, for about two kilometers. There were many dead fishes and we confirm that the fishes are dead not because of pollution from PT BMB,” she emphasized.
In simple logic and truth is that the water flows from upstream to downstream and dead fishes are dead in the upstream part of Sungai Masien that is two kilometers from palm oil mill of PT BMB. It means the water pollution in Sungai Masien starts from the upstream part and it has nothing to do with palm oil mill of PT BMB, she continued.
“The waste from PT BMB never gets leak to Sungai Masien because palm oil mill of PT BMB has its own waste pool from palm oil production. This was officially written and mentioned to the complainant and Environment Agency Regency of Gunung Mas,” she said.
The irony is that when searching, the investigator team of Legal Enforcement Agency Ministry of Environment and Forestry (MEF) Region I Palangka Raya Kalimantan never showed official documents from the chairman of local court or showed official letter of assignment about the written order to search the surrounding of palm oil mill of PT BMB.
“It is suspected to be illegal about how the investigator team of Legal Enforcement Agency Ministry of Environment and Forestry (MEF) Region I Palangka Raya Kalimantan found assumption of evidence of environmental pollution crime by PT BMB. This is against the law as regulated in Criminal Procedural Law Chapter 38 about The Search. Because when the investigator team of Legal Enforcement Agency Ministry of Environment and Forestry (MEF) Region I Palangka Raya Kalimantan took sample as information which was then became evidence, the agency never published documents about their search, including never published agreement from PT BMB to take evidences. Moreover, PT BMB never got Surat Pemberitahuan Dimulainya Penyidikan (SPDP) on the case,” Liani told.
In the closing statement of rights of reply, she denied every accusation about environmental pollution assumption by PT BMB because it might be made to cover the mistake to interpret the laws and forced to made PT BMB as the suspect that was accused to break Chapter 98 Article 1 jo. Chapter 104 jo. Chapter 116 article (1) and article (2) and Chapter 119 Laws Number 32 / 2009 about Environment Management and Protection.
For information, PT BMB is a private company that operate in plantation and palm oil industry. It has partnership program with the smallholders within mutual profit business model. In 2018 palm oil mill of PT BMB was officially operated in Regency of Gunung Mas.
As the responsibility and care to environment and the villagers around, PT BMB has got good will to escalate their economy by sharing programs in the form of corporate social responsibility, such as, developing smallholders through plasma and partnership programs. (T2)
