NGOs lash out at court over anti-environment ruling<\/p>\n
The Jakarta Post, Jakarta<\/p>\n
Environmental organizations have slammed the recent
\nConstitutional Court verdict allowing mining companies to
\ncontinue operations in protected forests, saying it set a bad
\nprecedent and would create more environmental destruction.<\/p>\n
In a joint statement, the NGOs which lost the court battle
\nsaid the judges were inconsistent in their stance on
\nenvironmental issues.<\/p>\n
\"On one hand, the verdict said open pit mining would create an
\nenvironmental catastrophe, yet on the other it exempted the
\nmining companies (from the law protecting forests),\" Siti
\nMaimunah from the Network for Mining Advocacy (Jatam) said.<\/p>\n
If the judges were consistent, they would have revoked the
\n2004 law because it risked harming the people, which was against
\nthe 1945 Constitution, the groups said.<\/p>\n
\"But the court opted to compromise,\" they said.<\/p>\n
The Constitutional Court ruled on Thursday the government's
\ndecision to allow 13 mining companies to resume their operations
\nin protected forests had not violated the Constitution.<\/p>\n
The 13 firms are PT Freeport Indonesia, PT Karimun Granite, PT
\nINCO, PT Indominco Mandiri, PT Aneka Tambang (Bahubulu), PT Aneka
\nTambang (Buli), PT Natarang Mining, PT Nusa Halmahera Mineral, PT
\nPelsart Tambang Kencana, PT Interex Sacra Raya, PT Weda Bay
\nNickel, PT Gag Nikel, and PT Sorikmas Mining.<\/p>\n
The panel of judges voted unanimously for the enactment of Law
\nNo. 19\/2004 revising Law No. 41\/1999 on forestry that banned open
\nmining in protected forests. The 2004 forestry law took effect
\nafter the House of Representatives endorsed a government
\nregulation in lieu of law that allowed the mining companies to
\noperate in protected forests.<\/p>\n
A verdict from the court is final and binding.<\/p>\n
Former president Megawati Soekarnoputri issued the first
\nregulation in lieu of a law permitting the mining, citing
\nemergency conditions.<\/p>\n
However, the environmental groups said the way the judges
\nviewed the verdict showed they did not believe an emergency
\nsituation was in place.<\/p>\n
\"The judges recommended that the President thoroughly
\ndeliberate the conditions before issuing the regulation in lieu
\nof a law, which implies that the judges actually saw the issuance
\nof the controversial regulation lacked a sense of emergency, said
\nChalid Muhammad from the Indonesian Forum for Environment
\n(Walhi).<\/p>\n
Chalid said the court ruling would encourage the government to
\nissue more controversial regulations in lieu of laws under the
\nguise of a state of emergency.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/ngos-lash-out-at-court-over-anti-environment-ruling-1447893297",
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