UNAIR NEWS – Three academicians of Faculty of Law Universitas Airlangga with other academicians from other universities and some legal aid institution advocated farmers against the permit of PT. Semen Indonesia establishment should be proud of themselves. They won the appeal in Supreme Court for the farmers.
It was stated by Franky Butar Butar, S.H., an FH UNAIR lecturer in the coalition team during interview on Tuesday, October 11, as the verdict has been issued by the judges in the Supreme Court on October 5. The dispute object was the permit request of PT. Semen Gresik (Persero) Tbk to mine and build a factory in Rembang dated June 7, 2012.
“The people of Kendeng concerned their area. They have a mountain and it is to be acquired by PT. Semen Indonesia, and it was permitted by the Governor of Central Java. But in reality, there are many problems with documents we have reviewed,” said Franky.
“We didn’t see it live and the announcement was just posted. There might be administrative violation especially with PT. Semen Indonesia environmental documents. And I thought the judges have checked the data thoroughly. And finally they granted the legal aid institution (LBH) and Kendeng people appeal to revoke the permit of PT. Semen Indonesia in Kendeng,” added Franky.
The farmers have been through a lot for their success. In 2014, the appeal on behalf of a Rembang inhabitant (Joko Prianto) and Indonesian Environmental Forum (Walhi) and the first defendant, Governor of Central Java and PT. Semen Indonesia, lost in State Administrative Court (PTUN) Semarang. The farmer then made the same appeal to PTUN Surabaya but they lost again.
They then made a cassation to Supreme Court and finally the Supreme Court granted their appeal. “The point was the supreme court granted the people of Kendeng to reject PT. Semen Indonesia in their area,” said the lecturer of Administrative Law Department FH UNAIR.
Franky said that Rembang people success was the people success, especially the low level community which do not have access to fight through legal means. With the academicians and environmentalist’s help, people of Rembang were grateful.
Beside the winning of people, Franky said that this verdict could be a reference for judges to decide similar cases. “It was also the starting point for all disputes relating to mining permit in regions. Furthermore, it was also a jurisprudence. It means that when there is another dispute on mining field, cement or any other mineral production, it can be used as a reference for judges to make verdicts on similar cases with this one,” said Franky.
Before all this, UNAIR academicians from various disciplines held a meeting to discuss the cement case. Finally they agreed to deal with it legally. From then on, they met with other academicians and legal aid counselors in Indonesia.
FH UNAIR academicians in this forum were Franky, R. Herlambang Perdana, M.A. (Constitutional Law Department), and Iman Prihandono, S.H., LL.M., Ph.D. (International Law Department).
In the future, Franky added that PT. Semen Indonesia cannot exploitate Kender mountain as it is karst tarea. Second, there is a spring for the locals’ source of life.
Author: Defrina Sukma S
Editor : Faridah Hari