KLHK Apresiasi Putusan PN Pangkalan Bun Kabulkan Gugatan Karhutla terhadap PT KS
JAKARTA – Kementerian Lingkungan Hidup dan Kehutanan (KLHK) memenangkan gugatan terhadap PT Kumai Sentosa (PT KS). PT KS dinyatakan bertanggung jawab mutlak atas peristiwa kebakaran lahan yang terjadi di lokasi PT KS seluas 3 ribu hektar di Desa Sei Cabang, Kecamatan Kumai, Kabupaten Kotawaringin Barat, Provinsi Kalimantan Tengah.
Majelis Hakim PN Pangkalan Bun yang diketuai Heru Karyono, SH., MH dengan Hakim Anggota Erick Ignatius Christofel, SH dan Mantiko Sumanda Moechtar, SH., MKn mengabulkan menghukum PT KS untuk membayar ganti rugi materiil sebesar Rp. 175, 179,930,000. Putusan Hakim PN Pangkalan Bun ini lebih rendah dari gugatan yang diajukan KLHK untuk kerugian lingkungan hidup sebesar Rp 3.024.029.000 dan total nilai tuntutan KLHK sebesar Rp.1.185.090.897.020
Selain harus membayar ganti rugi materiil, Majelis Hakim juga menghukum tergugat untuk melakukan tindakan pemulihan lingkungan hidup pada areal terbakar seluas 3000 Ha tersebut.
Menanggapi keputusan tersebut, Dirjen Gakkum KLHK kata Rasio Ridho Sani mengapresiasi putusan Majelis Hakim PN Pangkalan Bun dalam perkara perdata tersebut. Apalagi sebelumnya, PN Kobar memutus bebas PT KS dalam perkara pidana. Selain mengapresiasi Majelis Hakim, Rasio Ridho Sani juga mengapresiasi para ahli, jaksa pengacara negara, kuasa hukum KLHK, yang membantu menangani kasus-kasus yang dihadapi KLHK.
“Kami tidak akan berhenti melawan pelaku kejahatan lingkungan hidup dan kehutananan. Kami akan gunakan semua instrumen hukum, sanksi dan denda administratif, mencabut izin, ganti rugi, maupun pidana penjara, agar pelaku kejahatan seperti ini jera, tegas Rasio Ridho Sani, Jumat (24/09/2021).
Sementara itu, Direktur Penyelesaian Sengketa Lingkungan Hidup Jasmin Ragil Utomo mengatakan, saat ini ada 20 perusahaan yang terkait karhutla yang digugat KLHK. Sudah ada 10 perkara yang sudah berkekuatan hukum tetap (Inkracht Van Gewijsde), dengan nilai gugatan mencapai Rp 3,722,177,077,169.
“Jumlah perkara karhutla yang kita gugat akan terus bertambah. Saat ini, KLHK tengah mempersiapkan proses pelaksanaan eksekusi atas perusahaan-perusahaan pembakar hutan dan lahan yang telah in kracht, walaupun tantangan yang kami hadapi sangat banyak,” ungkap Jasmin Ragil Utomo.
Sebelumnya, pada 17 Februari 2021, dalam perkara pidana PT KS No. 233/Pid.B/LH/2020/PN Kobar memutus PT KS tidak terbukti bersalah atas kejadian kebakaran lahan di lokasi PT KS seluas 2.600 Ha. Putusan ini dibacakan secara terbuka di muka umum oleh Ketua Majelis Hakim Heru Karyono, S.H didampingi oleh Muhammad Ikhsan, S.H dan Iqbal Albanna, S.H,.M.H selaku Majelis Hakim Anggota.
Rasio Ridho Sani menegaskan, KLHK tidak akan berhenti mengejar pelaku karhutla. Walaupun karhutla sudah berlangsung lama, akan tetap ditindak.
“Kita dapat melacak jejak-jejak dan bukti karhutla sebelumnya dengan dukungan ahli dan teknologi,” katanya.
Ia menambahkan, karhutla merupakan kejahatan yang serius, karena berdampak langsung kepada kesehatan masyarakat, ekonomi, kerusakan ekosistem serta berdampak pada wilayah yang luas dalam waktu yang lama. Menurutnya, tidak ada pilihan lain agar jera pelaku harus ditindak sekeras-kerasnya.
Rasio Sani mengingatkan, karhutla merupakan sebuah kejahatan luar biasa atau Extra Ordinary Crime. Karena itu, pihak korporasi harus bertanggung jawab atas karhutla di lokasi mereka.
“Melihat keputusan PN Pangkalan Bun, Majelis Hakim telah menerapkan prinsip in dubio pro natura, prinsip kehati-hatian serta dalam mengadili perkara menggunakan beban pembuktian dengan pertanggung jawaban mutlak atau Strict Liability. Kami menghargai putusan ini, untuk langkah hukum selanjutnya kami akan mempelajari pertimbangan hakim dan amar putusan terlebih dahulu,” katanya.(****)
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