Banjarmasin, S Kalimantan (AntaranewsKalsel) - The two disputed camps in the State Administrative Court (PTUN) Banjarmasin, namely PT Sebuku as the
plaintiff and Governor of South Kalimantan as defendants are different inperceptions about the authority of the provincial government.
Plaintiffs believe the provincial government has no direct authority to evaluate licensing in the company.
"Because based on the Government Regulation No. 27/2012, it is the district government (pemkab) who entitled to publish the permits, even if the provincial government wants to know about the activities of the company can coordinate to the district government," plaintiff lawyer Gugum told reporters after the hearing on Friday.
According to him, as three companies of PT Sebuku only located in Kotabaru district, the authority is fully in the Kotabaru government.
"Unless our company is in the cross-district, then the provincial government authorized about the permissions and supervision," he explained.
For that, added another plaintiff lawyer Amir, the provincial government only have the authority to coordinate with the district government, so it
can not by pass directly to the company.
"The fact is the district has not make it a problem. But suddenly we are said to be negligent in three years, whereas regular reports we give to the district government," he said.
While the defense lawyer Dr Andi Muhammad Asrun stated, the law and government regulations clearly said if every report should be submitted to the ministers, governors and regents.
"Impossible if the governor is dropped, if it does not want to convey to the governor do not have to deal with the district government," he argued.
Asrun also make sure if the environmental permit of plaintiff company is problematic. This is evident from the absence of activities for three years after the issuance of environmental permits.
"Even if there is an activity, it is past the period of environmental permit they have at the beginning," he explained.
The argument about the authority of the provincial government itself arose when the defendant presented the witness of the Head of Environmental Sector of the South Kalimantan Environment Agency Endang Camsudin. In his testimony, he said PT Sebuku's environmental permit expired because in three years there was no activity.
COPYRIGHT © ANTARA News Kalimantan Selatan 2018
plaintiff and Governor of South Kalimantan as defendants are different inperceptions about the authority of the provincial government.
Plaintiffs believe the provincial government has no direct authority to evaluate licensing in the company.
"Because based on the Government Regulation No. 27/2012, it is the district government (pemkab) who entitled to publish the permits, even if the provincial government wants to know about the activities of the company can coordinate to the district government," plaintiff lawyer Gugum told reporters after the hearing on Friday.
According to him, as three companies of PT Sebuku only located in Kotabaru district, the authority is fully in the Kotabaru government.
"Unless our company is in the cross-district, then the provincial government authorized about the permissions and supervision," he explained.
For that, added another plaintiff lawyer Amir, the provincial government only have the authority to coordinate with the district government, so it
can not by pass directly to the company.
"The fact is the district has not make it a problem. But suddenly we are said to be negligent in three years, whereas regular reports we give to the district government," he said.
While the defense lawyer Dr Andi Muhammad Asrun stated, the law and government regulations clearly said if every report should be submitted to the ministers, governors and regents.
"Impossible if the governor is dropped, if it does not want to convey to the governor do not have to deal with the district government," he argued.
Asrun also make sure if the environmental permit of plaintiff company is problematic. This is evident from the absence of activities for three years after the issuance of environmental permits.
"Even if there is an activity, it is past the period of environmental permit they have at the beginning," he explained.
The argument about the authority of the provincial government itself arose when the defendant presented the witness of the Head of Environmental Sector of the South Kalimantan Environment Agency Endang Camsudin. In his testimony, he said PT Sebuku's environmental permit expired because in three years there was no activity.
Editor : Mahdani
COPYRIGHT © ANTARA News Kalimantan Selatan 2018