Hamdan Zoelva said that RAPP's requests related to Decision Letter 5322 is an administrative case
News24xx.com - The lawyer of PT Riau Andalan Pulp and Paper (RAPP), Hamdan Zoelva has objected to the statement of the Secretary General of the Ministry of Environment and Forestry (KLHK) Dr Bambang Hendroyono who asked the issuance of SK.5322 / 2017 to annul the previous RKU which is inconsistent with the GOI's national strategic policy.
Whereas, the efforts that made by RAPP to obtain legal certainty related to the cancellation of the RKU.
"The statement was untrue and we presented the facts as information to stakeholders," Hamdan Zoelva said in Jakarta on Tuesday December 12 2017.
According to Hamdan, RAPP filed a petition to the State Administrative Court (Administrative Court) in Jakarta last month to obtain legal certainty related to the cancellation of RKU by KLHK.
The efforts that made by RAPP are not a case to against the Government of Indonesia. The reason is RAPP's case is an administrative case that calls for the cancellation of the Minister's decision to cancel of the RKU which is still valid until the end of 2019.
"The request is a follow-up of as previously submitted applications to KLHK to review its decision, but PT RAPP never get another response," the former Chief Justice of the Constitutional Court (MK) explained.
That application, said Hamdan, RAPP only uses the normal channels available to Indonesian citizens and entities to receive a response to the application it submits to a public institution or public official.
The application that submitted by RAPP is also in accordance with applicable law (Law 30/2014 on Government Administration), which should be addressed within 10 working days.
"Separately, we also continue to communicate with KLHK in good faith to revise RKU PT RAPP Once again we emphasize, we continue to do this process despite the Supreme Court's decision dated October 2 which effectively canceled the Regulation of the Minister of LHK No. 17 mandating the revised RKU, "he explained.
As known KLHK canceled the company's RKU on 16 October 2017, which led to the dismissal of forestry operations in the concession area. On October 24, KLHK advised PT RAPP through a statement in the media that the company can continue forestry operations, except for planting in the areas identified in the Peat Ecosystem Protection (FLEG) map.
The dismissal of forestry operations has left 3,200 workers laid off for almost two months.
RAPP's application is based on the prevailing laws and regulations, namely Government Regulation (PP) Number 71/2014 as amended by Government Regulation no. 57/2016 on the Protection and Management of Peat Ecosystems, which includes transitional periods (retroactively enforced entry) protecting licensed holders.
Throughout this process, PT RAPP has always been consistent and fully adhered to the prevailing laws and regulations in Indonesia, while continuing to work with KLHK to achieve a positive solution from the discussion.
News24xx.com/pdy/dev
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