PT. Newmont Minahasa Raya - Legal Procedure in Environmental Cases

The fact that the District Court of Manado freed PT. Newmont Minahasa Raya (NMR) and its President Director, Richard B. Ness was not necessarily a decision that was unexpected. Even so, some sectors of the community were still taken aback by the total rejection of the government case. Environmental groups were swift to state that this was a tragedy for the Indonesian environment and provided a free pass to big business to destroy the environment with impunity. However, the pro-NMR position is quick to highlight the contrary that the government clearly overstepped the mark in bringing the prosecution.

The basis for the acquittal was based on the principle of 'subsidaritas'. Essentially, the Law on the Environment (Law No. 23 of 1997) mandates that where other options are available such as administrative, mediation, and civil claims have been exhausted or where they were used they were not likely to be effective. This is not an absolute requirement but the District Court held that in this case these options were available and should have been used before criminal prosecution was undertaken. Nevertheless, the effect of this was that NMR and Ness were acquitted of all charges relating to the pollution and destruction of the environment.