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The shareowners of Brantas block are PT. EMP 50 and the remaining is jointly
owned by Santos LTD, PT. Medco Energi Tbk and Lapindo BrantasEMP Inc. It means that
there are four parties directly related to drilling operation in Brantas block, PT Lapindo
Brantas, PT Energi Mega Persada Tbk, PT Medco Energi Tbk, and Santos LTD.
3.3 Criminal Accountability
Theoretically, Tumbuan, 1988:3 in Siaran Pers Bersama. August 14, 2006 that instead of
people, legal entities can only do what is explicitly or implicitly allowed by law and the
charter. Many studies Hamdan, 2000: 63 in Siaran Pers Bersama. August 14, 2006 stated
that violation of law in which be applied to corporation are: violations of administrative
law, pollution, finance, labor, manufacturing, and trade competition. The first two may be
applied to the owner of Brantas block as the subject in criminal case, since the widespread
negative impact on every part of people lives.
3.4 Political Accountability
The secretary general of Pro-Democracy in Terbit. Com July 28, 2006 stated that
Coordinating Peoples Welfare Minister should be non-active in United Indonesia Cabinet to
avoid conflict of interest in solving mudflow in Sidoarjo, East Java.
The Responsibility of Oil And Gas Regulatory Special Task Force BP Migas in supervision
stated in Chapter 7 Article 41 Law No. 222001 on Petroleum and Natural Gas: 1
Responsibility for activities of supervision over jobs and the implementation of petroleum
and natural gas related business activities with regard to the compliance to provisions of laws
in force shall be at the ministry whose tasks and authority cover petroleum and natural gas-
related business activities and other ministries concerned; and 2 The supervision over the
implementation of upstream business activities based on joint cooperation contracts shall be
executed by the executing agency.
3.5 Corporate Crime
Corporate crime is any criminal act committed by a corporation that is legally prohibited or
not performs certain actions as stipulated in the criminal provisions. Even the Law No.
231997 on Environmental Management article 45 and 46 clearly stated that criminals
pollution and environmental destruction is not only imposed on people personally but
also includes legal entities.
4. IMPACT AND ENVIRONMENTASL
DEGRADATION 4.1 Environmental Degradation
The mud which erupted is either hot or malignant, it increases about 150 thousand
meted cubic every day, and until the 90th day the mud volume is about 7 million metes cubic
and swamp 300 hectares of people‟s land. Refer to the test conducted in ITS laboratory,
the amount of dissolved and suspended solids in the mud are very high. This means that they
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can only be precipitated in a long time since of utilizing sunshine and wind.
The environmental analysis made by The Environmental Impact Management Agency
of East Java Bapedal, Environmental and Mining Agency of Sidoarjo and Lapindo
BrantasEMP, stated that the mud has submerged 5 villages in Sidoarjo and contains
phenol concentration exceed the standard. Massive environmental degradation in Porong
and the surrounding areas leads to destruction action and open ecosystem extermination, and
even take effect to the surrounding areas if the handling of mudflow does not pay attention to
geo-ecology of the area. The mud that erupts in Porong is either hot or
containing poisonous materials B3 which exceed the threshold. The phenol of mud as
mentioned in
Government Regulation
Peraturan Pemerintah
No 8599
on replacement of Government Regulation No
181999 on Waste Management that B3 is chronic pollutants. Within 90 days Lapindo
mudflow has spurt more than 40 tons of phenol, 8 tons of iron Fe, 1.4 million tons of
suspended solids, 50 thousand tons of chloride compounds.
The Sidoarjo regency administration through the concerned agencies, officially sent the mud
sample in two drums to Laboratory of Soil Chemistry
to Faculty
of Agriculture,
Brawijaya University in Malang, this aimed to know the liability of land that has been
swamped with the mud for agriculture and settlement.
The conclusion is the land mixed with geological mud is not liable for agriculture.
Land with 10 ppm of Chlor is categorized high level, in addition the mud with 10 thousand
ppm. Likewise, high levels of Natrium will make the soil particle rupture, and difficult to
form into clumps that cause blockage of the air flow and water into soil, the plants will die as
a result of aluminum poisoning.
4.2 To the sea: Solving problem by creating disaster
