Jakarta, 2022. Our firm has successfully defended our Client, a leading palm-oil refinery company in Indonesia, as one of the Defendants, on an unlawful act over environmental law at District Court of Siak.
The main claim of the Claimant is to declare that the Defendants have unlawfully disposed the hazardous and poisonous waste (B3 waste) causing the environmental contamination, to restore the allegedly environmental damages, and to deposit IDR 10 billion for the environmental recovery guarantee fund.
The panel of judges entirely declines that claim. There are two main considerations given by the judges. First, the Claimant is unable to prove that the waste was in fact a B3 waste. In addition, the judges emphasize that the lab result presented as an evidence by the Claimant violated the prevailing laws and regulations and is substantially different than the lab result obtained by the Defendant I, which has proven that it is not a B3 waste. Second, it is proven that there was no disposal of B3 waste at the alleged location. Responding to the District Court’s decision, our Dr. Eddy M. Leks says, “We are agreeable with the judges’ considerations and one learns that complying with the determined procedure is crucial on an environmental matters.”
Leks&Co is recommended on commercial dispute resolution by Legal500, asialaw Profiles, and Benchmark Litigation.
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