Ministry of Environment Responds to Court's Rejection of LBH Padang's Lawsuit Against PLTU Ombilin Sanctions
The Ministry of Environment has taken steps in the form of supervision and application of administrative sanctions against PLTU Ombilin.
TEMPO.CO, Jakarta - The said it could not intervene in the verdict of a judge of the Jakarta State Administrative Court (PTUN) which rejected a lawsuit by the Padang Legal Aid Institute (LBH) regarding the of the Ombilin Steam Power Plant or PLTU Ombilin.
"The decision has certainly gone through the judge's consideration based on Article 92 Paragraph 3 of Law Number 32/2009 on Environmental Protection and Management which regulates the right to sue environmental organizations," Environment Minister told Tempo, Friday, January 24, 2025.
According to him, the judge's other considerations were based on the provisions of Article 53 Paragraph (1) which stipulates that "Persons or civil legal entities who feel that a State Administrative Decree has harmed their interests may submit a written lawsuit to the competent Court containing a demand that the disputed State Administrative Decree be declared null or invalid, with or without accompanying demands for compensation and/or rehabilitation".
Although it cannot intervene in the decision of the Jakarta Administrative Court judge, according to Hanif, the Ministry has taken steps in the form of supervision and application of administrative sanctions against PLTU Ombili, which aims to improve environmental management performance.
Related to the sanctions imposed on PLTU Ombilin, the Ministry also supervises the implementation of administrative sanctions. "One of the administrative sanctions is an environmental recovery order, and the Ministry also supervises the environmental recovery process in accordance with the procedures and provisions of laws and regulations. The recovery has been completed with the issuance of a Status Letter for the Settlement of Contaminated Land (SSPLT) from the Ministry of Environment," Hanif said.
According to Hanif, to overcome carbon emissions generated by the combustion process from the PLTU, the Ministry has carried out regular supervision efforts to ensure that emissions generated from PLTU activities do not pollute the environment and comply with applicable quality standards or standards. He also mentioned that the Ministry has encouraged fossil fuel diversification.
In addition, Hanif said, the Ministry can tighten emission management policies for the PLTU industry by setting higher and specific standards for waste generated from this process through environmental impact analysis documents (AMDAL). "Another step is to apply clean technology and encourage PLTU activities to use more environmentally friendly technology to reduce the carbon emissions produced," he said.
Previously, the Jakarta Administrative Court rejected LBH Padang's lawsuit for the Ministry of Environment and Forestry (KLHK) to freeze or revoke the environmental permit for PLTU Ombilin. LBH Padang's attorney, Adrizal, said the judge ignored the fact that the pollution of fly ash and bottom ash waste from PLTU Ombilin forced the people of Sijantang Koto Village, Tawali District, Sawahlunto Regency, West Sumatra, to breathe dirty air every day.
In addition, he said, the judge also did not realize the urgency of KLHK's responsibility to tighten supervision and take firm action against PLN for environmental restoration that should have been completed by PLTU Ombilin in 2019.
According to him, this decision strengthens the omission of PLTU Ombilin's disobedience in carrying out its sanctions and obligations. This strengthens the opportunity for PLTU Ombilin to abuse the lack of regulation and supervision while the community continues to be burdened with prolonged health 'costs'.
"In its decision, the panel of judges did not consider the effects of pollution and contamination on the environment and public health. The Ministry of Environment and Forestry should have suspended and revoked the permit since PLTU Ombilin was sanctioned," said Adrizal through a written message, Wednesday, January 22, 2025.
The Jakarta PTUN judges rejected LBH Padang's lawsuit on the grounds that LBH Padang is not a community organization engaged in the environment, so it does not have the legal standing to file a State Administrative Lawsuit.
IRSYAN HASYIM | ERWIN PRIMA
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