New prosecutor to ‘study’ mudflow case

Indra Harsaputra ,  The Jakarta Post ,  Surabaya   |  Mon, 09/01/2008 5:32 PM  |  East Java

As mud and gas continue to seep from a Lapindo Brantas drilling site in East Java, a court settlement of the case accusing the company of negligence in causing a mudflow that has left 13,000 families displaced appears unlikely.

The public, and especially victims of the mudflow, have been awaiting a court verdict on whether Lapindo Brantas is responsible for the environmental and social impacts of the disaster that has effected residences of 12 villages in Porong, Sidoarjo, since May 29, 2006.

Newly sworn-in East Java chief prosecutor Zulkarnain said his office would study the case again before deciding whether to make it a highpriority.

“We will coordinate with the police again and I will study the case, too, before bringing it to the court,” he said after his swearing-in ceremony last Friday in which he replaced predecessor Purwosudiro.

The police have completed its investigation and submitted the dossier to the prosecutors office four times, but Purwosudiro has rejected the document each time, citing a lack of adequate evidence.

The prosecutors judged the dossier incomplete, citing that several experts have rejected the notion that Lapindo is to blame.

East Java Police chief Insp. Gen. Herman Suryadi Sumawiredja said it was not necessary to continue coordination with the prosecutors office because the dossier had been accompanied by complete legal evidence for use in court.

Environmental expert Suparto Wijoyo of Airlangga University said law enforcers were blinded by politics and were unable to uphold the law in their handling of the case.

“All legal evidence submitted by the police in the dossier is adequate to bring the case to court,” he said.

Some 25 people representing mudflow victims left for Jakarta on Friday to meet President Susilo Bambang Yudhoyono in a bid to achieve a legal guarantee that victims will be compensated for the disaster.

Although Lapindo has yet to be found guilty, the company and the government have sufficient capital to repair damaged infrastructure and to assist those displaced by the disaster.

As of Aug. 22, 2008, PT Minarak Lapindo Jaya, a unit of Lapindo, had paid 20 percent of a compensation package worth Rp 660 billion (US$71.73 million) to a number of victims. Those who had been displaced in the event used the money to pay down payments for new residences.

So far, Lapindo has spent a total Rp 5.4 trillion to combat social and environmental impacts of the mudflow.

Lapindo spokeswoman Yuniwati Teryana predicted her company will spend a total of Rp 5.6 trillion to compensate victims for damaged assets in four affected villages: Renokenongo, Siring, Jatirejo and Kedungbendo.

“Although Lapindo has not yet been found guilty in the case, we have worked hard to give the best solution to victims,” she said.

“Lapindo pays the compensation to show its social care and its responsibility in its compliance with the presidential instruction.”

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