Minister of Environment v. PT Kalista Alam
Jurisdiction: Meulaboh District Court of Indonesia
Principle law(s): Law 32/2009 Environmental Protection and Management
Side A: Minister of Environment (Government)
Side B: PT Kalista Alam (Corporation)
Core objectives: Restoration for climate damage caused by palm plantation land clearing.
SummaryOn November 8, 2012, the Indonesian Ministry of Environment (the MoEF) filed a tort-based lawsuit against a corporation, PT Kalista Alam, for damage caused by land clearing. The lawsuit is based on Articles 88 Environmental Protection and Management Act (the 2009 EPMA) and article 1365 of Indonesian Civil Code. The Plaintiff argued that the defendant had drained and burned the peatland which caused fires inside the concession areas. The plaintiff also argued that the defendant failed to provide prevention tools to avoid fires in the concession. The MoEF then explained forestry regulations in Indonesia obliging every license holder to provide fires control measures—in which the defendant considered violating its obligations. The MoEF claimed that fires inside the concession had caused significant environmental damages. These damages comprise of ecological damage, damage to biodiversity and carbon release, and economic losses due to land degradation. Accordingly, the MoEF sought compensation of IDR 115 billion and restoration costs amounting to IDR 250 billion.
- Decision The Indonesian Supreme Court did not find new evidence to overturn the decision. (Indonesian)
- Decision The Indonesian Supreme Court upheld the appeal court decision. (Indonesian)
- Decision The Banda Aceh court of appeal upheld the district court decision. (Indonesian)
- Decision The district court awarded the plaintiff all restoration costs claimed by the plaintiff including costs for GHGs release and reduction. (Indonesian)
Related laws and policies
This law formally recognises that decreasing environmental quality is a serious problem for Indonesia, and that climate change presents further systemic threats. It seeks to ensure that development is underpinned with the principle of sustainably and environmentally sound development principles. ...