Minister of Environment v. PT Selatnasik Indokwarsa and PT Simpang Pesak Indokwarsa
Jurisdiction: North Jakarta District Court of Indonesia
Principle law(s): Law 32/2009 Environmental Protection and Management
Side A: Minister of Environment (Government)
Side B: PT Simpang Pesak Indokwarsa (Corporation)
Side B: PT Selatnasik Indokwarsa (Corporation)
Core objectives: Restoration for climate damage from illegal mining activities and deforestation.
SummaryOn April 3, 2009, the Indonesian Ministry of Environment (MoE) filed a tort-based lawsuit against two corporations, PT Selatnasik Indokwarsa and PT Simpang Pesak, for damage caused by illegal mining activities. These activities include clearing of protected forests for road access to mining locations, conducting open-pit mining, building infrastructure within a natural reserve area, and constructing an illegal port by landfilling the coastal area around 1.7 km seaward. The MoE sought compensation for the climate damage caused, i.e., the GHG emissions from the destruction of forest areas, and asked for restoration costs amounting to IDR 11.8 billion (approximately US$824,000).
- Decision The Plaintiff provided new evidence that the defendants conducted illegal actions. The Supreme Court in the extraordinary review (peninjauan kembali) reviewed its earlier decision and awarded the plaintiff all the restoration costs, including the compensation for GHGs released. (Indonesian)
- Decision The Supreme Court overturned the lower courts’ decisions on the grounds that the plaintiff failed to prove the defendants had jointly conducted illegal mining activities. (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. ...