Ministry of Environment and Forestry v. PT Merbau Pelelawan Lestari
Jurisdiction: Pekanbaru District Court of Indonesia
Principle law(s): Law 32/2009 Environmental Protection and Management
Side A: Ministry of Environment and Forestry (Government)
Side B: PT Merbau Pelelawan Lestari (Corporation)
Core objectives: Cost recovery for illegal logging.
SummaryOn September 2013, the Indonesian Ministry of Environment and Forestry (MoEF) filed a tort-based lawsuit against a corporation, PT Merbau Pelelawan Lestari, for the release of GHGs emissions. The plaintiffs argued that the defendant's illegal logging had impaired the forest’s carbon sink capacity. The plaintiff sought compensation for the cost of restoring the damaged forest, specifically its carbon sequestration function. The damage amounted to IDR 240 billion (approximately US$17.2 million) for the total affected area of 7,463 hectares. The defendant argued that it had not carried out any illegal logging and stated that the plaintiff should have given the company administrative sanctions for illegal logging prior to initiating the lawsuit.
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. ...