Thursday, March 14, 2024

1) Awyu Tribe appeal cassation over environmental permit legal battles

 


2) Two students still detained for alleged aircraft shooting in Dekai 

3) Petronas secures first deepwater Indonesia E&P concession 



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https://en.jubi.id/awyu-tribe-appeal-cassation-over-environmental-permit-legal-battles/

1) Awyu Tribe appeal cassation over environmental permit legal battles   

News Desk - PTUN Lawsuit Awyu Community

 15 March 2024




The Awyu Tribe community, accompanied by the Coalition Team to Save Papua's Indigenous Forests, filed an appeal to the Supreme Court through the Jayapura Administrative Court in Jayapura City, Papua Province, on Thursday (3/14/2024). - Jubi/Theo Kelen


Jayapura, Jubi – The indigenous community of the Awyu Tribe has filed a cassation against the decision of the Manado State Administrative High Court which rejected their appeal regarding their lawsuit against the environmental feasibility permit issued by the Papua Department of Investment and One-Stop Service for PT Indo Asiana Lestari.

The cassation was lodged through the Jayapura City State Administrative Court (PTUN Jayapura) on Thursday (14/3/2024). This was conveyed by a member of the Coalition to Save Papua’s Customary Forests, acting as legal counsel for the Awyu Tribe, lawyer Emanuel Gobay.

“We have just registered the cassation. This means we have gone through several stages in the PTUN Jayapura, including the appeal, and now the cassation stage,” said Gobay.

The permit contested by the Awyu Tribe encompasses plans for a 36,096.4-hectare oil palm plantation in Mandobo District and Fofi District, Boven Digoel Regency, South Papua Province. The Awyu Tribe said the permit was issued without their knowledge.

On November 2, 2023, the panel of judges led by Merna Cinthia along with judges Yusup Klemen and Donny Poja declared the lawsuit legally groundless and dismissed it. On November 22, 2023, the legal counsel for the Awyu Tribe filed an appeal with the Manado State Administrative High Court.

On February 29, 2024, the Manado State Administrative High Court rejected the appeal because the plaintiff’s application had expired or exceeded ninety days since the disputed object’s decision letter was known. The High Court also stated that the request for suspension of the disputed object’s execution was rejected.

Emanuel Gobay stated on Thursday that they had submitted various required documents for the cassation. Gobay criticized the Manado State Administrative High Court for rejecting the appeal of the Awyu Tribe on the grounds of exceeding the time limit. Gobay stated that the appeal memorandum submitted through the PTUN Jayapura was accepted and processed.

“It is strange when the PTUN Jayapura accepts it and the PTTUN Manado rejects it just because of time. I need to emphasize that this does not get into the substance of the case. The question is, why did not the judges of the PTTUN Manado want to get into the substance of the case?” Gobay asked.

According to Gobay, none of the panel of judges of the Manado State Administrative High Court who examined and adjudicated the appeal of the Awyu Tribe were licensed environmental judges. Gobay said the Awyu indigenous community was very disappointed with the High Court’s decision.

“After we investigated, it turns out that none of the three judges examining the case were licensed environmental judges. There needs to be an evaluation at the Supreme Court level because of these non-environmental judges examining environmental cases,” he said.

Gobay stated that the appeal decision had an impact on the livelihoods of the Awyu Tribe’s indigenous community. He hoped that the Supreme Court examining the cassation request of the Awyu Tribe would deliver a fair decision. (*)


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2) Two students still detained for alleged aircraft shooting in Dekai   
News Desk - Armed Conflict In Papua 
15 March 2024

Jayapura, Jubi – Two students arrested in Kali Brasa, Dekai DistrictYahukimo Regency on February 22, 2024 and have yet to be released by the police as of today. The two teenagers, MH and BGE, have been made suspects in the case of aircraft shooting.

MH and BGE were apprehended by security forces on suspicion of being members of the West Papua National Liberation Army (TPNPB). They were captured in Kali Brasa during a security raid related to the Wings Air aircraft shooting in Dekai, the capital of Yahukimo Regency, which occurred on February 17.

Chairman of the Yahukimo Church Fellowship (PGGY) Rev. Atias Matuan, stated on Sunday (10/3/2024) that MH and BGE have not been released. “Since they were arrested by the police on February 22, they have not been released and have not returned home until now. At that time, three people went to the garden. After harvesting bananas, they returned. Upon arriving at Kali Brasa, one person, named Elly Giban, was shot, while the two students, MH and BGE, were arrested and have not returned home,” said Matuan.

Matuan said he and several religious figures had met with the Yahukimo Police Chief Adj. Sr. Comr. Heru Hidayanto to clarify the whereabouts of MH and BGE. They requested the police to immediately release MH and BGE. Later, Matuan received reports that the police had not yet released MH and BGE.

Human Rights Activist in Papua, Yones Douw, also attempted to locate MH and BGE. According to him, the two youths are still detained by the police. “I have checked in Yahukimo, and they said they have not been released,” he said.

On Thursday (14/3/2024), Jubi contacted Heru Hidayanto via WhatsApp messaging service. Heru asked Jubi to inquire about the matter to the Head of the Criminal Investigation Unit of the Yahukimo Police, Second Insp. Tantu Usman.

When contacted via WhatsApp messaging service on Thursday, Tantu Usman confirmed that MH and BGE are still detained by the police. According to Tantu, MH and BGE have been designated as suspects in the aircraft shooting case.

“MH and BGE have been named suspects and charged for allegedly violating Article 479 F letter a jo Article 55 paragraph 1 of the Criminal Code, and are currently detained at the Papua Police Headquarters in Jayapura City,” said Usman.

Usman stated that MH and BGE have been detained at the Papua Police Headquarters since February 29, 2024. Earlier, on February 27, the Antara News Agency quoted the statement of the Cartenz Peace Operations Coordinator Sr. Comr. Faizal Ramadhani, who mentioned that MH and BGE had been released. In the news reports by various media outlets, Faizal stated that the allegation of the two students being involved in the TPNPB network was not proven, so they were released.

Faizal’s statement is supported with the statement of the TPNPB Ndugama Darakma Battalion Commander, Nabeanus Gerebea, on February 24. Gerebea stated that MH and BGE were ordinary civilians who were arrested while crossing Kali Brasa.

“They are not members of the TPNPB. They are purely civilians and have no knowledge of the TPNPB. They were arrested while crossing Kali Brasa to Dekai. They were arrested and tortured,” said Gerebea. (*)



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3) Petronas secures first deepwater Indonesia E&P concession 

March 15, 2024

Offshore staff

JAKARTA, Indonesia — Indonesia’s Ministry of Energy and Mineral Resources has awarded Petronas subsidiary PC North Madura II the Bobara working area offshore West Papua, under the Indonesia Petroleum Bid Round 2023.

It is Petronas’ first venture into deepwater exploration in Indonesia.

The company will operate Bobara with 100% equity; the working area covers about 8,400 sq km. 

Commitment for the first three years include G&G studies, and 3D seismic data acquisition and processing.

Last year the company signed a sale and purchase agreement for the Masela working area, and it already operates the Ketapang, North Madura II and North Ketapang production sharing contracts (PSCs) offshore East Java, with further (non-operated) interests in seven PSCs offshore and onshore in the Natuna Sea, Sumatra, East Java, and East Indonesia.

03.14.2024


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