InfoSAWIT, JAKARTA — The Ministry of Environment, through the Environmental Control Agency (KLH/BPLH), has achieved a significant victory in environmental law enforcement. In a ruling delivered by the Jakarta High Court on July 8, 2025, PT Banyu Kahuripan Indonesia (PT BKI), a palm oil company operating in South Sumatra, was ordered to pay environmental damages amounting to Rp282,883,070,085 directly to the State Treasury Account.
This ruling follows KLH/BPLH's lawsuit regarding a fire that burned 3,365.64 hectares of land in Karang Agung Village, Lalan District, Musi Banyuasin Regency, which occurred in 2023. The fire caused serious ecological damage, including soil degradation, air pollution, loss of biodiversity, and disruption of the government's climate commitments to achieve the 2030 Forest and Other Land Use (FOLU) Net Sink.
Deputy for Environmental Law Enforcement, Inspector General Rizal Irawan, expressed appreciation for the judges who applied the precautionary principle and strict liability in their ruling. “This decision serves as a lesson that land clearing through burning is unacceptable. Fires in operational areas must not be tolerated, and everyone is required to apply the precautionary principle,” Rizal stated in an official statement reported by InfoSAWIT on Tuesday, July 15, 2025.
He also emphasized that legal responsibility fully rests with the owners or managers of businesses for any form of damage or pollution occurring within their concession areas. “There is no tolerance for anyone,” Rizal asserted.
The ruling also drew attention to a dissenting opinion from one of the judges, Judge Ida Bagus Dwi Yantara, who stated that environmental restoration should not be limited to peatland but must encompass all burned land areas. “Environmental restoration must address all burned land without exception,” Judge Ida emphasized.
This view aligns with the statement of Soil and Environmental Damage Expert, Prof. Dr. Ir. Basuki Wasis, M.Si., who noted that land burning is a practice that irreversibly damages ecosystems, especially on peatland. “Land clearing through burning has resulted in environmental damage that cannot be fully restored,” said Prof. Basuki.
The lawsuit was first registered by KLH/BPLH on October 18, 2024, under case number 929/Pdt.Sus-LH/2024/PN.Jkt.Brt at the West Jakarta District Court. The government initially sought material damages of Rp355.7 billion and environmental recovery costs of Rp960.2 billion.
The Jakarta High Court decided to partially grant the lawsuit, establishing ecological damages at Rp282,883,070,085. Director of Environmental Dispute Resolution, Dodi Kurniawan, stated that this victory demonstrates the government's commitment to taking firm action against land burners. He also affirmed that legal measures will continue to be pursued to ensure ecological justice is fully upheld.
“We will continue to pursue legal action to ensure that all environmental civil lawsuits are fully granted for the preservation of environmental functions (ex aequo pro natura),” Dodi stated. KLH/BPLH declared that it would not tolerate land burning and would continue to demand full accountability from every business operator for environmental damage in their areas. (T2)
