Statement from PT RAPP on its Application to the State Administrative Court (PTUN)
We would like to clarify recent media articles which have reported that PT RAPP, APRIL Group’s subsidiary, is suing the Indonesian Government. This is incorrect and the company would like to offer the following facts for the information of stakeholders.
Last month, PT RAPP filed an application with the State Administrative Court (PTUN) in Jakarta to obtain legal certainty on the Ministry of Environment & Forestry’s (MoEF) cancellation of its long-term work plan/RKU. This is not a case of PT RAPP suing the Indonesian government. This is an administrative process requesting the revocation of the Minister’s decision to cancel our current work plan, which is applicable until the end of 2019. It follows earlier requests to the MoEF to review this decision and to which PT RAPP did not get a reply.
In taking this action, PT RAPP is invoking a normal channel, available to any ordinary Indonesian citizen and entity, to receive a response to requests submitted to public agencies or officials. This is in line with existing regulations (Law 30/2014 on Government Administration), which states that any such responses should be provided within 10 working days.
Separately, we continue to engage with the MoEF in good faith on the revision of PT RAPP’s RKU. We are continuing with this process despite the Indonesian Supreme Court’s decision on 2 October that effectively nullified MoEF Ministerial Regulation 17, which mandated the RKU revision.
The MoEF canceled the company’s long-term work plan/RKU on 16 October 2017, resulting in the suspension of forestry operations on the concession area. The MoEF subsequently advised PT. RAPP via a media statement on 24 October 2017 that it could resume forestry operations, except for planting on areas identified on the Ministry’s map of Peatland Ecosystem Designated as Protection Zone.
This has resulted in some 3,200 workers being unable to return to work, for close to two months.
PT RAPP’s application was based on existing government regulations (PP) No. 71/2014, as amended by (PP) No. 57/2016 on the protection and management of peatland ecosystems, that include a transition (non-retroactive application) clause that protects licenses already in operation.
Throughout this process, PT RAPP’s position has remained consistent and fully compliant with the prevailing laws and regulations of Indonesia, while continuing with its efforts to work with the MoEF to achieve a positive solution to its present discussions.
