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Pers Release

TRIAL OF LAWSUIT OF DAIRI RESIDENTS AGAINST THE MINISTRY OF ENVIRONMENT AND FORESTRY AT THE JAKARTA STATE ADMINISTRATIVE COURT WITH LAWSUIT READING AGENDA

March 29, 2023 (Translated April 10, 2023)

Jakarta, March 29 - The trial of the lawsuit of the Dairi resident's State Administrative Court to reject PT Dairi Prima Mineral's Environmental Agreement took place at the Jakarta State Administrative Court. The trial was held electronically with an agenda for reading the lawsuit, besides that the panel of judges decided to grant the request for intervention from PT Dairi Prima Mineral (DPM) to enter as Defendant II to intervene in this case. Today's trial should have been scheduled to take place offline, but one week before the trial, the attorney informed that the trial would be held electronically.

Although the trial took place electronically it did not dampen the enthusiasm of the Dairi residents to leave for Jakarta, Rasmi Silalahi and Loris Bancin, residents of Bongkaras village, Silima Pungga-pungga District, Dairi Regency were present to oversee the trial process accompanied by the Legal Team of SEKBER Tolak Tambang. The agenda for the next trial was set for Wednesday, April 5, 2023, at 10:00 with the Defendant and Defendant II Intervention Events.

Lawsuit background
Previously on Wednesday (14/2), four plaintiffs representing Dairi residents accompanied by attorneys from the Mining Rejection Secretariat Legal Team filed a lawsuit against the issuance of the PT. DPM at the Jakarta State Administrative Court. The object of dispute, in this case, is the Decree of the Minister of Environment and Forestry of the Republic of Indonesia Number: SK.854/MENLHK/SETJEN/PLA.4/8/2022 concerning the Environmental Feasibility of Zinc and Lead Mining Activities in Silima Pungga-Pungga District, Dairi Regency, North Sumatra Province.

The lawsuit was officially registered at the State Administrative Court with Case Number: 59/G/LH/2023/PTUN-JKT. The plaintiffs gave their power of attorney to the SEKBER Tolak Tambang Legal Team. They represent thousands of other Dairi residents who have been affected by the presence of PT DPM, who has so far depended on the agricultural sector for their livelihoods and this will be threatened with damage if mining is present.

The basis for filing this lawsuit is the existence of extreme disaster risks and the risk of tailings dam failure as reviewed by experts and the Compliance Advisor Ombudsman (CAO) compliance report which can be accessed at www.bakumsu.com/advokasitambang. This has the potential to result in severe environmental damage and violations of human rights to obtain a good and healthy environment as guaranteed in Article 28 H paragraph (1) of the 1945 Constitution.

The threat of damage to the community's living space due to the presence of a mine in Dairi district is not impossible. Agriculture as the people's main livelihood will be lost and destroyed, the clean and healthy environment will be lost, and the remaining damage to flora and fauna will disappear along with the presence of mines. That's why we sued the Ministry of Environment and Forestry, said Mrs. Rasmi Silalahi.
Silalahi.

Previously, Dairi residents held protests, hearings, and rallying solidarity so that the environmental approval would not be issued by the Ministry of Environment and Forestry. Even various expert studies suggest that the mining project is not feasible in Dairi. PT DPM is a zinc mining company located in Silima Pungga-Pungga District, Dairi which mines with an underground mining system with a concession area of 24,720 Ha in an area declared by the Dairi Regional Disaster Management Agency (BPBD) to be disaster-prone.

Like the purpose of its formation, the State Administrative Court is a Court that guarantees the legal rights of weak people (Ordinary People) against unjust rulers in making and establishing policies. In the case of the establishment of an environmental agreement for PT DPM, the local residents felt that they were being wronged, unilaterally the government approved their living space and the identity of their place of return to be mined. Therefore the step to test the State Administrative Decree (KTUN) at the Jakarta State Administrative Court was taken, and a lawsuit was filed by residents through our legal counsel, concluded M. Jamil representing the Legal Team of Sekber Tolak Tambang.

JATAM, Trend Asia, Clean Indonesia, Sajogyo Institute and JKLPK Indonesia, National AMAN together with SEKBER Reject Mining, Dairi overseas children, East Nusa Tenggara Youth (NTT), North Sumatra overseas children as well as fellow students present in solidarity and
will continue to oversee the process running in the State Administrative Court. The DPM mining project is very dangerous for the safety of the Dairi residents, therefore we urge the Judge to give a fair decision for the community and ask the Ministry of Environment and Forestry to cancel PT. DPM.
lingkungan PT. DPM.

JATAM – Trend Asia- Bersihkan Indonesia – Sajogyo Institute – JKLPK Indonesia – BAKUMSU – YDPK – PETRASA

Contact:
Debora Gultom- YDPK Community companion 0852-6135-6020
M. Jamil – Sekber Tolak Tambang Legal Team 0821-5647-0477

Legal and human rights empowerment for social and ecological justice

bakumsu@indo.net.id

BAKUMSU

Bantuan Hukum dan Advokasi Rakyat Sumatera Utara

Jalan Bunga Kenanga No. 11 D,

Kelurahan Padang Bulan Selayang II

Kecamatan Medan Selayang, Medan 20156

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