State Administrative Court’s Decision: Borrow Use Permit of Gunung Rajabasa Forest is Valid by the Law.

Posted on: January 5th, 2015 by Relation Staff

Jakarta, Januari 2, 2014. In the end of 2014 year, the State Administrative Court (Pengadilan Tata Usaha Negara/ PTUN) has officially issued its decision on the case No. 152 / G / 2014 / PTUN-JKT, a lawsuit over Borrow Use Permit of Gunung Rajabasa Forest (Ijin Pinjam Pakai Kawan Hutan/ IPPKH) in South Lampung Regency, Lampung Province with 50 (fifty) hectares area Ref: SK.422 / Menhut-II / 2014, signed by the Minister of Forestry on April 25, 2014.

After 10 times the court hearing was held and considering various valid legal basis of arguments and supporting documents that have been provided by the Ministry of Forestry as the first defendant and PT Supreme Energy Rajabasa (PT SERB) as a second defendant in intervention, PTUN decided to rejecting the entire lawsuit from plaintiff.

The consideration of the panel of judges on issuing its decision on this case is based on the facts that PT SERB in obtaining the IPPKH had complied all the requirement in the administrative and technical aspect set out by the prevailing laws and regulations. Thus, the first defendant are by law, authorized to issue the IPPKH to PT SERB.

Previously, the plaintiffs claim that the disputed land is a owned by the local community, but it is baseless because the land are in fact owned by the Government. Plaintiffs also claim that PT SERB does not have an environmental permits, but it is baseless because it is properly proved that PT SERB have the necessary environmental permits for activities in the exploration stage. Thus, IPPKH issued by the Ministry of Forestry are valid by the law and all the activities that have been done and will be done by PT SERB proved in accordance with the law and protected by law. In the trial verdict, PTUN also found that the future of geothermal project generated from Gunung Rajabasa will be benefitial for the majority of South Lampung Regency community, especially those who living surrounded the project’s area.

Gunung Rajabasa Geothermal Project is a National Project, and it is included in the list of second stage power plant construction acceleration program of 10,0000 MW as governed under the Presidential Decree Number 4 of 2010 jo regulation no 48 of 2011 and Regulation of the Minister of Energy and Mineral Resources (ESDM) No. 15/2010 jo.01 /2012 jo.21/2013. Therefore, support from all parties i.e. central government, local government, community and all stakeholders are needed.