CASE REPORT

KOMUNITAS MASYARAKAT TANJUNG PINANG (KB) vs P&I

In Singapore court.

Komunitas Masyarakat Tanjung Pinang (Latter will be called KB) is a Non Governments
Organization (NGO) or Community Organization whom the member is voluntary together in the
form of organization with a same purpose or goal. KB members typically has a same background
of born in Bintan, stay and living in Tanjung Pinang (Bintan Island) or Riau Archipelagic
Islands. The purpose of the organizations is mainly on social basis to increase the welfare
together and help each other. KB has incorporated in form of Mass Organizations where rules of
organizations and management members are registered in Indonesian Government’s gazette.

KB is a self funding organization which all members contribute or donate to the Fund for
Funding all socials activities. It is from members to members.

KB member registered to have an eligible benefit and to be complied with KB internal rules. KB
and members has mutual benefit.

Most of KB’s member are Fishermans, Fishfarmers, Boat Owners (ferry and cargo), Boat
Repairer, SeaFood Traders, FishNet Traders, FishNets Repairer, Beach Owners Outlet, Caffe and
Restaurants, as well as various professionals who work, stay and living around coastal Bintan
Island and Riau Archipelagic Islands, whom the life depending too much to the sea.

In the case of environmental sea pollution such unknown sources of small quantities (less than
1000 liters) of black oil spill at sea which landed to Bintan Island and surrounding Islands, KB
regularly deploy voluntary member to do clean up and helping the affected members when need
it. Such repair the boats, repairs fishnet or bought new one when repairs impossible.

In the case of environmental disaster such a huge black oil spill at sea, and a lot of KB member
affected, KB will lead the affected members together to sue after polluters. According to
Indonesian Enviromental Law no 32 year 2009 Article 91
In this Article 91, very clear that KB as community organization to represent KB (Black Oil
Affected) members or together has the right to file a class action suit against polluters.

KB affected pollution member need help and assistance and will stop contribution or donation to
KB self Funding. Whatever member losses due to pollution, KB also losses as community
organizations. Vice versa when KB losses as community organizations then member losses as
well, KB and members has mutual benefit, and depends each others.

The fact or event of Black Oil Spilled at Sea 4700 metric ton ( more than 5,000,000,000 liters)
from ruptured hull collided vessel tanker AL YARMOUK where the collision point in Singapore
territorial sea, off course Singapore sea was polluted, then the black oil spilled at sea some
floated and drifting hit Horsburgh Lighthouse and transboundary to Indonesian territorial sea and
finnaly hit the beach of Bintan Island and surrounding Islands, due to weathering, wave, high
tide and low tide as well as current and wind gust, most of black oil spilled sunked in to coastal
area of Bintan Island and surrounding Island. The transboundary pollution in International
Maritime Law refered to United Nation Convention on the Law of the Sea (UNCLOS) year1982
article 223,
And International Convention on Cvil Liability for oil Pollution Damage year 1992 Article II

And Article IX

Therefore, when collided tanker vessel AL YARMOUK spilled crude black oil to the territorial
sea of Singapore and Indonesia, both claimants in both state has the same rights to claim
damages.
KB and all affected KB members decided to seeking damages claim in to Singapore court
yurisdiction due to similar events and law as well as places which Singapore and Indonesia
territorial sea affected by AL YARMOUK crude black oil spilled result to pollution damage.

Another point that KB and all KB’ members affected by AL YARMOUK crude black oil spill
was KB complied with National rules and Trilateral Agreement of Indonesia, Malaysia and
Singapore, Revolving Fund, Standard Operations Procedures For Joint Oil Spill Combat In The
Straits of Malacca and Singapore, which is the sampling procedures in appendix 10 para 4D and
para 5F, where Martime and Port Authority of Singapore agreed that only Government
Employee can take sample and similar point brought by Indonesian Coordinator Ministry for
Maritime Affairs.
This point is similar in Indonesian Environmental Law no 32 year 2009 Article 74 point 1 g, that
only Official Government Employee (Officer) entitle to take samples, take custody, and deliver
to Laboratory approved by Government.

In this Point KB complied with Standard Operations Procedures of trilateral agreements prevail
in Indonesia, Malaysia and Singapore, to let only Official Government Employee (Officer) to
take sample, custody and do analysis for oil fingerprint, where in this case is LEMIGAS.

KB did not take samples by their own and did not fingerprint by KB own interest. KB and all
members affected depends on Official Government Employee (Officer) to take sample and
fingerprint to finding similarity between AL YARMOUK crude black oil spilled with those
samples landed in Bintan Island and surrounding Island.
In contrary, the defendants who refuse the claim that AL YARMOUK crude oil spilled in to the
territorial sea of Singapore and Indonesia, and landed in Bintan Island and surrounding Islands,
try to take their own samples and do their own fingerprint in order to support their refuse against
the claimants (KB and 1192 members affected of AL YARMOUK crude oil spilled pollution
damage). The defendant try to influence the Official Government Employee (Batam harbor
Master as On Scene Commander for Oil Spill Responds) to make the statement that similar with
the defendant draft statement on their will, that Statement revealed NO OIL POLLUTION IN
BATAM AND BINTAN from AL YARMOUK crude oil spilled in exchange to compensate the
deployment patrols boat and human resources for USD. 50, 174.00. Such defendant intention
from the beginning of AL YARMOUK crude black oil spilled in to Singapore territorial sea and
Indonesia territorial sea since 2nd January 2015 and so on can be track on their defendant reveal
of emails exchange during session FOR BETTER PARTICULARS (FBP). As follow:
Translation as follow
Therefore, with such intention, KB and all members affected AL YARMOUK made a police
report of Criminal Unlawfull Action against P&I and Its Correspondent Spica as well as
Harbour Master Batam on the events January 2015.

Zuraidah

As Expert Witness