The peoples of Mekarsari village submitted a lawsuit to express objection against the establishment of steam power plant at Indramayu capacitated for 2 x 1,000 MW. LBH Bandung (Bandung Legal Aid Institute) is the lawyer representing the people of Mekarsari. Aside that the power plant environmental permit was granted in violation of existing regulations, the objection of the people is based on environmental protection that the plant will destroy their livelihood and pollute the environment.
The object of the lawsuit was the Decree of Indramayu Regent No. 660/Kep.51.A-BLH/2015 on Environmental Permit of Indramayu Coal-fired Steam Power Plant Development Activity at 2 x 1000 MW for PT. PLN (Persero) Development Unit VIII at Indramayu regency, West Java dated 26 May 2015.
On 6 December 2017 the State Administration Court of Bandung read their judgment No. 90/G/LH/2017/PTUN.BDG which stated, among others:
- Declare that the object of lawsuit, Indramayu Regent Decree Nomor: 660/Kep.51.A-BLH/2015 on Environmental Permit of Indramayu Steam Power Plant Development Activity at 2 x 1000 MW for PT. PLN (Persero) Development Unit VIII at Indramayu regency, as illegitimate.
- Order the Regent of Indramayu to revoke the Decree.
The Assembly of Judges considered that the Environmental Permit issued by the Regent is not his authority but the Integrated Service Centre and Capital Investment Agency (DPMPTSP) of the Indramayu Regency. Moreover, the development of the power plant’s jetty will be done on the coastline approximately 800 meters which is under the authority of West Java Province Government. Building the jetty on the coastline would violates Article 27 paragraph (1) and (3) of the Law on Provincial Government and its annex which stipulate that the usage of coastline under 12 miles is categorised as maritime issue under the authority of provincial government. Therefore the Decree on the Environmental Permit for the Steam Power Plant is illegitimate.
The decision is crucial and shall be a precedent for the people whose lives are destroyed for development interest. It is an imbalance trade off, peoples’ lives for a development policy. The judgment of the assembly of the judges is a warning for Jokowi to review mega-scale projects in West Java since they are potentially harming the peoples and their livelihoods.
- Arip Yogiawan -0812 1419 4445
- Willy Hanafi – 082116166814