Amir Teja, Surabaya – East Java Police on Friday dropped an investigation into 13 people named as suspects in relation to the Lapindo mudflow disaster in Sidoarjo.
East Java Police spokesperson Sr. Comr. Pudji Astuti, speaking during a press conference here, said police had issued a letter, known as an SP3, formally absolving 13 executives and staff members of energy corporation PT Lapindo Brantas of all blame.
They were declared suspects in 2007 for causing the disaster, which has left more than 15,000 people homeless.
The 13 suspects were charged with deliberately, or through neglect, causing the mudflow, which led to massive environmental damage, covering neighborhoods, factories and paddy fields. The mudflows began in May 2006 and show no signs of abating.
Lapindo Brantas, which is controlled by the Bakrie group owned by the family of the Minister of People's Welfare, Aburizal Bakrie, has yet to finish compensating victims for the loss of their land and homes, as they have previously agreed to do.
Pudji, who addressed the media, accompanied by special crimes unit head Adjutant Sr. Comr. I Wayan Koming, said the SP3 was issued both to provide legal certainty and because of the difficulties investigators had encountered in completing documentation requested by the Attorney General's Office.
He said the AGO had repeatedly rejected case files submitted by the police. For example, the police were unable to produce clear evidence linking Lapindo with the mudflow that started 150 meters from the center of the company's drilling site, he said.
"There were no witnesses when the mudflow began," Pudji said. "Furthermore, no expert has been able to prove that there is a correlation between the drilling and the mudflow."
He said the prosecutors had demanded testimony to prove that a drill head had touched the exact spot where the mud had begun gushing from the ground.
Apart from problems in providing evidence required by the prosecutors, in calling off the investigation the police also referred to court rulings in cases related to the Lapindo mudflow.
The first case they referred to was a class action lawsuit filed by the Indonesian Forum for the Environment (Walhi) against Lapindo Brantas, where the court ruled in favor of the company.
The second case was a class action lawsuit filed by the Legal Aid Foundation (YLBHI) against the government and Lapindo Brantas. The Supreme Court also ruled in favor of Lapindo, which made the decision legally binding.
"Based on these considerations, we have issued an SP3 [order to cease investigation] in the Lapindo [case]," Pudji said.
Asked whether the police were concerned about whether Lapindo would renege on its promise to pay damages following the issuance of the SP3, Pudji said that was the problem of the Sidoarjo Mudflow Mitigation Agency (BPLS), not the police's. "We trust that Lapindo will stick to their commitment," he added.
Yuniwati Teryana, Lapindo's vice president for external relations, welcomed the decision. "Whatever the legal decision is, it must be honored," she said.
Yuniwati said that although the East Java Police had ceased their inquiry into the disaster, the company would continue to finalize and pay for the purchase of the victims' assets, in accordance with an agreement with the government. To date, Lapindo Brantas says it had completed the sale of11,215 out of 12,886 units of assets.Victims of the disaster responded to the decision with indifference, saying they were not surprised by the verdict.
"The important thing is that the damage sustained by the residents should be paid for," said Choirul Huda, the coordinator of the Union of Lapindo Mudflow Victims.
From the beginning, he said the residents were convinced that the Lapindo mudflow disaster needed a social, rather than legal, solution.
"Ever since the meeting between the victims and Lapindo Brantas, initiated by Emha Ainun Najib, there has been a focus on solving this problem from a humanitarian perspective," Choirul said.