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Ministry of Environment and Forestry v. PT Palmina Utama

Filing Date: 2016
Reporter Info: Decision No. 125/Pdt.G-LH/2016/PN.Bjm; Decision No. 48/PDT/2018/PT.BJM
Status: Decided
Case Categories:
  • Suits against corporations, individuals
    • Corporations
      • Climate damage
Jurisdictions:
  • Indonesia
    • Banjarmasin District Court
Principal Laws:
  • Indonesia
    • Environmental Law No.32 of 2009
Summary:

On 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.

On February 21st, 2018, the district court of Banjarmasin ruled in favor of the defendant and reject all the plaintiff petition. The judges argued that the MoEF had failed to show type of soils affected by wildfires. Failure to determine the type of soil would lead to different calculation of damages, said by the Judges. Accordingly, the judges decided that the lawsuit should be denied. On August 15th, 2018, the Banjarmasin Court of Appeal overruled the district court decision and argued that, despite the fact there was indeterminacy on the type of soils, the district court should have ruled that the defendant had negligently controlled the fires within its concessions.

At Issue: Restoration for climate damage caused by palm plantation land clearing.
Case Documents:
Filing Date Type File Summary
12/14/2016 Decision Download The district court of Banjarmasin ruled in favor of the defendant and reject all the plaintiff petition.
02/21/2018 Decision Download Banjarmasin Court of Appeal overruled the district court decision.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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