The Government has filed lawsuit, both civil law and criminal law, based on the indication of violently issued permit on Aceh’s Tripa Peat Swamp.
“For the case in Tripa, we apply triple track, which includes criminal law suitcurrently being in the phase of investigation referring to the Law 32/2009 on the Environmental Protection and Management related to the clearing by burning, the Law on Plantation related to the unpermissive activities. Thirdly, civil investigator of forestry using the Law No. 5/1990 on Conservation in the connection with orangutan habitat,” said the Head of the Law Enforcement Working Group of the Task Force REDD+, Mas Achmad Santosa on Monday (21/5) in Jakarta.
The second track, continued Mas Achmad, who is also the Director of Law Enforcement of UKP4, is through civil lawsuit filed by the Ministry of Environment related to forest rehabilitation.
“There is ecosystem damages resulting in public indemnity, which will be pursuit by the Ministry of Environment referring to the Law No. 32/2009 that has standing rights. The third track, we will file administrative lawsuit, since a violation has been identified, while the issuing authority is requested to withdraw the permit. This is an ultimate remedy to conduct revocation of license,” said Mas Ahmad.
The case of Tripa Peat Swamp emerged based on NGOs report in November 2011 as they presumed that the Government of Aceh has deliberately issued exploration permit for 1,605 peat swamp area in Tripa, which is part of Leuser Ecosystem.
A look at the moratorium map of the Ministry of Forestry, it is visible that they (remarks: Government of Aceh) issued the permit oto PT Kalista Alam.
Based on field findings of the Task Force REDD+, the area has been cleared by burning prior to the issuance of the permit and planted with oil palm.
Kuntoro Mangkusubroto, the Head of the Task Force REDD+, said that mengatakan Tripa Peat Swamp is already re-include in the moratorium map, means that no permit can be issued.
“The primary is that all activities have to be ceased. The status (of Tripa Peat Swamp) has been determined as a non-convertible status. As for law enforcement and rehabilitation, it will be the next step. For now, the permit is revoked,” said Kuntoro adding that there will be no land swap for PT Kalista Alam.
Written by: Fidelis E Satriastanti/ Kristantyo Wisnubroto