Ministry of Environment and Forestry v. PT Palmina Utama
Jurisdiction: Banjarmasin 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 Palmina Utama (Corporation)
Core objectives: Restoration for climate damage caused by palm plantation land clearing.
SummaryOn December 14th, 2016, the Indonesian Ministry of Environment and Forestry (the MoEF) sued a palm oil plantation for fires occurring inside the PT Palmina Utama controlled area. The MoEF claimed that the defendant intentionally set up fires to clear it for the purpose of making it as the new crop field. The MoEF argued that the defendants also infringed on the obligation to control the fires inside its controlled area. Due to the unlawful conduct, the MoEF sought compensation for the damages and cost for restoration. The MoEF asked the court that the defendant liable to compensate for IDR 206.955.000 for the released of 2299,5 tC and IDR 188.689.500 for the losses of carbon sinks.
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. ...