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Minister of Environment v. PT Selatnasik Indokwarsa and PT Simpang Pesak Indokwarsa - decision

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On April 3, 2009, the Indonesian Ministry of Environment (MoE) filed a tort-based lawsuit against two corporations, PT Selatnasik Indokwarsa and PT Simpang Pesak, for damage caused by illegal mining activities. These activities include clearing of protected forests for road access to mining locations, conducting open-pit mining, building infrastructure within a natural reserve area, and constructing an illegal port by landfilling the coastal area around 1.7 km seaward. The MoE sought compensation for the climate damage caused, i.e., the GHG emissions from the destruction of forest areas, and asked for restoration costs amounting to IDR 11.8 billion (approximately US$824,000). 

On February 3, 2010, the district court granted the plaintiff's entire claim against the defendant, including the compensation of climate damages. On April 18, 2011,  the Court of Appeal upheld the lower court decision. On March 28, 2013, the Supreme Court overturned the lower courts’ decisions after the defendant filed a cassation. The Supreme Court was of the opinion that the plaintiff failed to prove that the defendants had acted in concert as affiliated companies under the same management. In addition, the Court also argued that the lawsuit was premature since there was no complaint from the public. 

As a last effort, the plaintiff filed a request for extraordinary review (peninjauan kembali) and provided new evidence that the defendants conducted illegal actions. On May 23, 2014, the Supreme Court reviewed its earlier decision and awarded the plaintiff all the restoration costs, including the compensation for GHGs released in the full amount requested by the plaintiff. 

Minister of Environment v. PT Selatnasik Indokwarsa and PT Simpang Pesak Indokwarsa

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the distribution, treatment, and conservation of water resources.

Actions to adapt human health, healthcare systems and well-being to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Actions or measures to adapt freshwater systems to climate change.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Minister of Environment v. PT Selatnasik Indokwarsa and PT Simpang Pesak Indokwarsa - decision

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Adaptation/resilience

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