Press Release (20 November 2019), Yayasan Pusaka Bentala Rakyat Appreciation for Legal Steps to Stop the Company’s Operations PT. Tulen Jayamas Timber Industries.
On November 5, 2019, the Head of the Boven Digoel Regency Investment and Services One Stop Integrated Service (PMPTSP), Djukmarian S.STP, issued a letter Number: 570/146 / DPMPTSP / XI / 2019, regarding Termination of Operations, addressed to the Director of PT. . Tulen Jayamas Timber Industries.
The contents of the letter briefly stated that “Regarding the Environmental Permit Number 660/12 / BAPPEDA / IX / 2014, dated 18 September 2014, which was owned by PT. Tulen Jayamas Timber Industries was declared “fake” in accordance with the WT Statement (March 8, 2019), and therefore submitted to PT. Tulen Jayamas Timber Industries to stop all activities in the field.
It is known that PT. Tulen Jayamas Timber Industries is a Foreign Capital Company, the majority of which is owned by Tulen Jayamas Sdn Bhd, from Malaysia, and entrepreneur Salah Ahmed Hayel Saeed. In 2015, on behalf of the Minister of Environment and Forestry of the Republic of Indonesia, the Head of the Investment Coordinating Board (BKPM) issued a decree Number 1/1 / IUIPHHK / PMA / 2015, dated April 8, 2015, concerning the Granting of Business License for Timber Forest Product Primary Industries to PT. Tulen Jayamas Timber Industries in Boven Digoel Regency, precisely in the administrative area of Jair District, for the type of sawn timber industry with a production capacity of 10,000 m3 per year and plywood with a production capacity of 80,000 m3 per year.
Based on preliminary information from the legal document, we suspect that there has been a general criminal offense regulated by article 263 and article 264 paragraph 1 of the Criminal Code, which is carried out by certain parties to make fake letters or falsify letters, this action could be punishable by a maximum of eight years in prison.
Whereas with the falsification of environmental permits, it can be said that PT Tulen Jayamas Timber Industries does not have an environmental permit and business licenses or other permits related to the business that are invalid because there is a defect in the publishing process. We believe that PT Tulen Jayamas Timber Industries has the potential to commit environmental crimes regulated by Law No. 32 of 2009 concerning Environmental Protection and Management, article 109 which regulates criminal acts for anyone who does business without an environmental permit, which can be subject to imprisonment and fines of up to Rp. . 3,000,000,000.
We appreciate the legal steps taken by the Head of the Boven Digoel Regency PMPTSP Office, but further steps are needed to ensure PT. Tulen Jayamas Timber Industries adheres to the decision, so as to prevent harm to the country, society and the environment. This decision is in accordance with the role of the government to oversee the compliance of business bearers regulated in Law Number 32 Year 2009, articles 72 – 75.
We ask the government and law enforcement officials to be pro-active in investigating thoroughly suspected environmental crimes and the involvement of suspected parties, including the EIA drafter, EIA commission and parties related to counterfeiting environmental permits, as well as the role of PT. Tulen Jayamas Timber Industries is good at using or knowing the existence of fake documents. If PT. Tulen Jayamas Timber Industries has been proven to be involved in counterfeiting and environmental crimes, so the government and law enforcement agencies must proceed with the imposition of sanctions, as stipulated in Articles 76-83, Law Number 32 Year 2009.
Jakarta, November 20, 2019
- Franky Samperante, Direktur Yayasan Pusaka Bentala Rakyat: +62 813 1728 6019
- Tigor Hutapea, Staf Advokasi Yayasan Pusaka Bentala Rakyat: +62 812 8729 6684