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AUDITING THE HOTMUD ERUPTION IN SIDOARJO, EAST JAVA, INDONESIA
              WITH ENVIRONMENTAL PERSPECTIVES




     SIDOARJO DISASTER
     A Case Of State’s Failure to Control
     Corporate Greed




                     Prof. Dr. Anwar Nasution
                   Chairman of The Audit Board
                   Of the Republic of Indonesia

                  11th Meeting of INTOSAI-WGEA
                         Arusha, Tanzania                  1
                         25-29 June, 2007
Introduction
 Between November 2006 and March 2007 BPK audited the hot mud eruption at an
 exploration well of Bankjarpanji-1 owned by PT Lapindo Brantas Inc. (LBI). LBI is an oil
 company owned by a family of Mr. Aburizal Bakrie, the current Coordinating Minister for
 Social Affairs and a prominent member of a leading political party. The mud eruption
 started at a five thousands cubic meter a day to presently 170 thousands cubic meter.
 In doing the audit, BPK was assisted by a group of geologists, scientists, economists
 from the University of Brawijaya in Malang and other leading Universities. BPK had also
 access to reports prepared for the government by foreign consultants.

  The objectives of the audit are to asses the compliance of:
1.    To assess the compliance of:

     (a) the company with the law and regulations on oil exploration and exploitation;
     (b) the three layers of government (central, provincial and district) in handling the
         disaster to: (i) help the victims, (ii) mitigate social and economic impacts of the
         disaster to Sidoarjo area and East Java Province and (iii) force the responsible
         parties to adhere to the law and regulations on oil exploration and exploitation.

2.    To assess the effectiveness of the National Team’s activities in mitigating the
     impacts of the eruption.

                                                                                        2
Location of the eruption
                                                                  Exhibit 1. The Location of the eruption
The eruption is located in
                                                                                                           Sidoarjo
 –   Sub District of Porong, Regency of Sidoarjo, 30 km
     of Surabaya, the capital city of East Java Province.
     Home to 34 million people, East Java is the second
     largest province in Indonesia. Surabaya area is the
     second industrial zone of the country and its
     seaport of Tanjung Perak is also the second largest                                                                     Bali
     in Indonesia. Meanwhile, Juanda Airport in
     Surabaya is the major airport in the province;
 –   The volcano is located 150 meters away from                   Exhibit 2 The vital infrastructures map
     Banjarpanji-1 well and few meters away from major
     economic and social infrastructures linking
     Surabaya and hinterland (Exhibit 1).
The Significant of Sidoarjo Regency
 –   Population density of Sidoarjo area is very high at         High Voltage
                                                                 Transmission
     2,843 persons/sq.km;                                                                                        Toll Road

 –   The disaster area is passed by various important
     economic infrastructures such as roadway and the           Railroad
     only toll road in the province, railways, electric grid,
     telephone lines, and gas pipe (exhibit 2);
 –   The economic structures of Sidoarjo are mainly:                                       Gas Pipe line
          Manufacturing industry and small scale farming.                                                               3
Key Events Leading to the Eruption
 Exhibit 3 displays the location of the hot mud eruption close
 to drilling platform or boring well of LBI at Banjarpanji-1.
                                                              Exhibit 3
 LBI together with PT. Medco Brantas E&P and          Location of the Eruption
 Santos Brantas Pty Ltd has interest and right to
 the Brantas Block;                                              The Eruption
 LBI started to drill (spud in) Banjarpanji-1 well,
 on March 8, 2006 and reached the depth of
 9.297 feet on May 27, 2006;
 At this depth, the exploration of the Banjarpanji-
 1 well has continuously had well problems such
 as well kicks (fluid from the formation                           Banjarpanji-1 well
 penetrated into the bore hole) and losses (fluid
 or mud from the bore hole went out to the
 formation). Eventually, on May 29, 2006, the
 mud eruption took place near the exploration
 site.
                                                                             4
The cause of the mud eruption

    LBI insufficiently handled the problem in the Banjarpanji-1
    well that cracked the formation and created channels for the
    mud in the clay/shale stone formation flowing to the
    surface.
                                                     Sedimentary and
                                                     volcanic overburden
                                                     (pleistocene)



                  B
                                                       Upper Kalibeng
                                                       Formation
A                                                      (pleistocene)




                                                            Interbedded
                                                            sands and muds


                                                        Kujung Formation
                                                        limestone aquifer
                                                        (oligo-Miocene)
                                                                   5
Strategies to Stop the Mud
Flows
 The company and the government have adopted four strategies to
 stop the mudflows, namely:
 1. to cap the wellhead from above;
 2. to snub the well from the sides;
 3. to dig three relief wells and again tried to plug the mudflow from
   the side;
 4. to drop concrete balls linked by chains into the mud volcano;
 5. As all the above four strategies have failed, the government is
 now
   considering to use a new but untested strategy, namely, to plug
   the mud by building a dam around the crater. The amassing mud
   will be used to counterweight against the out flowing mud from
   the mouth of the volcano. Many experts, however, believe the
   flow is unstoppable.
                                                                         6
THE IMPACTS OF SIDOARJO DISASTER (as of February 2007)

LAPINDO BRANTAS Inc.                                                                  •10,462 houses
                                                             Loss of properties:
    •CORPORATE GREED                                                                  •23 schools
                                                         residential, governmental,
      •INCOMPETENCE                                                                   •2 Gov’t. offices
                                                           educational, religious
•INADEQUATE EQUIPMENT:                                                                •23 manuf. facilities
                                                          and economic buildings
   BOREHOLE WAS NOT                                                                   •15 mosques
   PROTECTED BY STEEL         Destruction of
                                 structures,               Power grid damages
    CASING PRESSURE
                          facilities, installations          70-150 Kilo Volt                           Refugees:
       CONNECTION
        FRACTURING                                                                                      •7,248 house-
                                                          Gas pipeline damages
     PROPAGATE TO THE                                                                                    holds;
          SURFACE                                                                                       •26,317 victims
                                                            Toll road damages


                                                          Railway track damages
   UNABATED
                 FLOOD-       Destruction of                                                 DISRUPTIONS TO
     FLOWS
   OF HOTMUD       ING           vegetation           •306.2 Ha of paddy fields             ECONOMIC ACTIVITIES
                                                                                             REDUCTION OF
                              crops, livestock        •64 Ha of sugar cane crops            ECONOMIC
                                                                                            CAPACITIES
UNCERTAIN END!                                                                               ECONOMIC LOSSES BOTH IN
                             Sedimentation of             Bigger risks                      THE SHORT- & LONG-TERM :

The volume keeps on          Porong estuaries              of floods                        TotalEconomic Cost : US$3,46 B
                                                                                            Total Financial Cost : US$0,52 B
increasing from 5,000                                                                       The Gap : US$2,94 Billion

cubic meter/day at the       Contamination of                Reduced
                                  soil                       soil fertility
start to reach 170,000
cubic meter/day in
                            Contamination of          •Unsafe domestic water
February 2007. Now,        underground water            •Affecting aquatic &                         Lowered
the flood has been        tables & surface water         marine eco-system                      life-supporting &
inundating 470 Ha of                                                                            carrying capacity
land, and burying 9                                                                                              7
                            Land subsidence
(nine) villages.
Government Initiatives

 In the beginning, the central government gave the initiatives to handle the disaster to both
 the company and local (provincial and district) governments. Because of the lack of power,
 expertise and resources; local governments could not do much;
 Aid from central government has been limited as the company is expected to fully
 compensate the victims and bear some of the clear cost. But, on the other hand, there is no
 enforcement mechanism to implement the company’s financial responsibility;
 In spite of the magnitude of the destruction the government has not declared the mudflow
 as a disaster;
 Few months after the eruption occurred, in September 2006, the central government set up
 the National Team for Handling the Mud Flow in Sidoarjo (The Team). The Team was given
 eight months to address three issues, namely: 1) to stop the mudflow, 2) to mitigate the
 impacts of the mudflow, and 3) to minimize the social, economic, and environmental
 impacts. The achievement of the Team is also negligible because of the lack of coordination
 with the company and local governments;
 On March 31, 2007, one year after the mudflow started, a new team was established by the
 central government. The new team, again, is not well equipped with sufficient authority,
 expertise, and resources. There are also lack of coordination between the Team and other
 government agencies including Provincial and Regency governments.                       8
Audit Findings
The catastrophe and its handling indicates a number of issues:

   The mishap is a man-made disaster;
   Regulations on exploration and exploitation of oil and gas are not
   sufficiently protected people and environment, particularly in a
   densely populated areas;
   The disaster caused by LBI’s negligence as in drilling the well, it uses
   the un-reputable company (most likely its own subsidiary) to do the
   drilling, with inadequate and used equipments and inexperience
   technicians. These indicate a weakness in government monitoring
   and enforcement of the rules and regulations as well as contracts
   with the oil and gas companies;
   Slow and inadequate response of the government in handling the
   impact of the disaster to help the victims and to build alternative
   economic infrastructures and relocate them to safe places. These
   have exacerbated the negative impacts of the mishap;
   Little progress in the prosecution of those responsible for the         9

   disaster;
Audit Findings
………………………
The absence of protection of property rights for the victims who
have lost more than 11 thousands homes and two dozen businesses
that have been buried in more than 6 sq km under 20m deep
covering nine villages in Sidoardjo area. The choked off of
transportation to the main seaport of Tanjung Perak and Juanda
Airport, near Surabaya, have also negatively affected the economy of
hinterland in the Southern part of East Java;
The absence of effective, low cost of enforcement of contract.
Implementation of the company commitment to takeover the victims’
destroyed properties and to pay some of the clear cost is negligible;
The government has never conducted a thorough risk assessment in
order to develop action plan or activities;
There is no consistent result from researcher about toxic sludge and
water of the mud. People in nearly villages complained that toxic
sludge and water have penetrated their drinking wells, agriculture
fields, fish ponds, marine ecosystem and homes.
                                                                   10
Recommendations
The government should thoroughly investigate the causes of the disaster and
prosecute those responsible for causing it;
The government should officially declare the mudflow as a disaster and take over the
disaster management to handle the mishap and mitigate its social and environmental
impacts;
The government should immediately help the victims of the disasters, restore their
livelihood and restore economic activities of the province by rebuilding and relocating
the damaged infrastructures. The slow response of the government has exacerbated
the negative impacts of the disaster on human live, environment and economy;
The government should conduct a comprehensive research to ensure the toxicity of
the sludge and water;
The government should revise and upgrade the policy implementation and
monitoring system of the oil and gas exploration and exploitation to protect the
people’s life, the environment and the economy;
Based on Indonesia’s experiences on previous natural disasters and this man-made
mishap, the government should develop a comprehensive disaster policy and build its
institutional capability to cope with those unexpected problems. Indonesia is prone to
both natural and man-made disasters. The country is prone to natural disasters, like
tsunami in December 2004 and earthquake and volcano eruptions in 2006 because
the country is located on both the Australia-Asia tectonic plate and ring of fires of 11
                                                                                       the
world.

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Hasil Audit BPK Lumpur Lapindo

  • 1. AUDITING THE HOTMUD ERUPTION IN SIDOARJO, EAST JAVA, INDONESIA WITH ENVIRONMENTAL PERSPECTIVES SIDOARJO DISASTER A Case Of State’s Failure to Control Corporate Greed Prof. Dr. Anwar Nasution Chairman of The Audit Board Of the Republic of Indonesia 11th Meeting of INTOSAI-WGEA Arusha, Tanzania 1 25-29 June, 2007
  • 2. Introduction Between November 2006 and March 2007 BPK audited the hot mud eruption at an exploration well of Bankjarpanji-1 owned by PT Lapindo Brantas Inc. (LBI). LBI is an oil company owned by a family of Mr. Aburizal Bakrie, the current Coordinating Minister for Social Affairs and a prominent member of a leading political party. The mud eruption started at a five thousands cubic meter a day to presently 170 thousands cubic meter. In doing the audit, BPK was assisted by a group of geologists, scientists, economists from the University of Brawijaya in Malang and other leading Universities. BPK had also access to reports prepared for the government by foreign consultants. The objectives of the audit are to asses the compliance of: 1. To assess the compliance of: (a) the company with the law and regulations on oil exploration and exploitation; (b) the three layers of government (central, provincial and district) in handling the disaster to: (i) help the victims, (ii) mitigate social and economic impacts of the disaster to Sidoarjo area and East Java Province and (iii) force the responsible parties to adhere to the law and regulations on oil exploration and exploitation. 2. To assess the effectiveness of the National Team’s activities in mitigating the impacts of the eruption. 2
  • 3. Location of the eruption Exhibit 1. The Location of the eruption The eruption is located in Sidoarjo – Sub District of Porong, Regency of Sidoarjo, 30 km of Surabaya, the capital city of East Java Province. Home to 34 million people, East Java is the second largest province in Indonesia. Surabaya area is the second industrial zone of the country and its seaport of Tanjung Perak is also the second largest Bali in Indonesia. Meanwhile, Juanda Airport in Surabaya is the major airport in the province; – The volcano is located 150 meters away from Exhibit 2 The vital infrastructures map Banjarpanji-1 well and few meters away from major economic and social infrastructures linking Surabaya and hinterland (Exhibit 1). The Significant of Sidoarjo Regency – Population density of Sidoarjo area is very high at High Voltage Transmission 2,843 persons/sq.km; Toll Road – The disaster area is passed by various important economic infrastructures such as roadway and the Railroad only toll road in the province, railways, electric grid, telephone lines, and gas pipe (exhibit 2); – The economic structures of Sidoarjo are mainly: Gas Pipe line Manufacturing industry and small scale farming. 3
  • 4. Key Events Leading to the Eruption Exhibit 3 displays the location of the hot mud eruption close to drilling platform or boring well of LBI at Banjarpanji-1. Exhibit 3 LBI together with PT. Medco Brantas E&P and Location of the Eruption Santos Brantas Pty Ltd has interest and right to the Brantas Block; The Eruption LBI started to drill (spud in) Banjarpanji-1 well, on March 8, 2006 and reached the depth of 9.297 feet on May 27, 2006; At this depth, the exploration of the Banjarpanji- 1 well has continuously had well problems such as well kicks (fluid from the formation Banjarpanji-1 well penetrated into the bore hole) and losses (fluid or mud from the bore hole went out to the formation). Eventually, on May 29, 2006, the mud eruption took place near the exploration site. 4
  • 5. The cause of the mud eruption LBI insufficiently handled the problem in the Banjarpanji-1 well that cracked the formation and created channels for the mud in the clay/shale stone formation flowing to the surface. Sedimentary and volcanic overburden (pleistocene) B Upper Kalibeng Formation A (pleistocene) Interbedded sands and muds Kujung Formation limestone aquifer (oligo-Miocene) 5
  • 6. Strategies to Stop the Mud Flows The company and the government have adopted four strategies to stop the mudflows, namely: 1. to cap the wellhead from above; 2. to snub the well from the sides; 3. to dig three relief wells and again tried to plug the mudflow from the side; 4. to drop concrete balls linked by chains into the mud volcano; 5. As all the above four strategies have failed, the government is now considering to use a new but untested strategy, namely, to plug the mud by building a dam around the crater. The amassing mud will be used to counterweight against the out flowing mud from the mouth of the volcano. Many experts, however, believe the flow is unstoppable. 6
  • 7. THE IMPACTS OF SIDOARJO DISASTER (as of February 2007) LAPINDO BRANTAS Inc. •10,462 houses Loss of properties: •CORPORATE GREED •23 schools residential, governmental, •INCOMPETENCE •2 Gov’t. offices educational, religious •INADEQUATE EQUIPMENT: •23 manuf. facilities and economic buildings BOREHOLE WAS NOT •15 mosques PROTECTED BY STEEL Destruction of structures, Power grid damages CASING PRESSURE facilities, installations 70-150 Kilo Volt Refugees: CONNECTION FRACTURING •7,248 house- Gas pipeline damages PROPAGATE TO THE holds; SURFACE •26,317 victims Toll road damages Railway track damages UNABATED FLOOD- Destruction of DISRUPTIONS TO FLOWS OF HOTMUD ING vegetation •306.2 Ha of paddy fields ECONOMIC ACTIVITIES REDUCTION OF crops, livestock •64 Ha of sugar cane crops ECONOMIC CAPACITIES UNCERTAIN END! ECONOMIC LOSSES BOTH IN Sedimentation of Bigger risks THE SHORT- & LONG-TERM : The volume keeps on Porong estuaries of floods TotalEconomic Cost : US$3,46 B Total Financial Cost : US$0,52 B increasing from 5,000 The Gap : US$2,94 Billion cubic meter/day at the Contamination of Reduced soil soil fertility start to reach 170,000 cubic meter/day in Contamination of •Unsafe domestic water February 2007. Now, underground water •Affecting aquatic & Lowered the flood has been tables & surface water marine eco-system life-supporting & inundating 470 Ha of carrying capacity land, and burying 9 7 Land subsidence (nine) villages.
  • 8. Government Initiatives In the beginning, the central government gave the initiatives to handle the disaster to both the company and local (provincial and district) governments. Because of the lack of power, expertise and resources; local governments could not do much; Aid from central government has been limited as the company is expected to fully compensate the victims and bear some of the clear cost. But, on the other hand, there is no enforcement mechanism to implement the company’s financial responsibility; In spite of the magnitude of the destruction the government has not declared the mudflow as a disaster; Few months after the eruption occurred, in September 2006, the central government set up the National Team for Handling the Mud Flow in Sidoarjo (The Team). The Team was given eight months to address three issues, namely: 1) to stop the mudflow, 2) to mitigate the impacts of the mudflow, and 3) to minimize the social, economic, and environmental impacts. The achievement of the Team is also negligible because of the lack of coordination with the company and local governments; On March 31, 2007, one year after the mudflow started, a new team was established by the central government. The new team, again, is not well equipped with sufficient authority, expertise, and resources. There are also lack of coordination between the Team and other government agencies including Provincial and Regency governments. 8
  • 9. Audit Findings The catastrophe and its handling indicates a number of issues: The mishap is a man-made disaster; Regulations on exploration and exploitation of oil and gas are not sufficiently protected people and environment, particularly in a densely populated areas; The disaster caused by LBI’s negligence as in drilling the well, it uses the un-reputable company (most likely its own subsidiary) to do the drilling, with inadequate and used equipments and inexperience technicians. These indicate a weakness in government monitoring and enforcement of the rules and regulations as well as contracts with the oil and gas companies; Slow and inadequate response of the government in handling the impact of the disaster to help the victims and to build alternative economic infrastructures and relocate them to safe places. These have exacerbated the negative impacts of the mishap; Little progress in the prosecution of those responsible for the 9 disaster;
  • 10. Audit Findings ……………………… The absence of protection of property rights for the victims who have lost more than 11 thousands homes and two dozen businesses that have been buried in more than 6 sq km under 20m deep covering nine villages in Sidoardjo area. The choked off of transportation to the main seaport of Tanjung Perak and Juanda Airport, near Surabaya, have also negatively affected the economy of hinterland in the Southern part of East Java; The absence of effective, low cost of enforcement of contract. Implementation of the company commitment to takeover the victims’ destroyed properties and to pay some of the clear cost is negligible; The government has never conducted a thorough risk assessment in order to develop action plan or activities; There is no consistent result from researcher about toxic sludge and water of the mud. People in nearly villages complained that toxic sludge and water have penetrated their drinking wells, agriculture fields, fish ponds, marine ecosystem and homes. 10
  • 11. Recommendations The government should thoroughly investigate the causes of the disaster and prosecute those responsible for causing it; The government should officially declare the mudflow as a disaster and take over the disaster management to handle the mishap and mitigate its social and environmental impacts; The government should immediately help the victims of the disasters, restore their livelihood and restore economic activities of the province by rebuilding and relocating the damaged infrastructures. The slow response of the government has exacerbated the negative impacts of the disaster on human live, environment and economy; The government should conduct a comprehensive research to ensure the toxicity of the sludge and water; The government should revise and upgrade the policy implementation and monitoring system of the oil and gas exploration and exploitation to protect the people’s life, the environment and the economy; Based on Indonesia’s experiences on previous natural disasters and this man-made mishap, the government should develop a comprehensive disaster policy and build its institutional capability to cope with those unexpected problems. Indonesia is prone to both natural and man-made disasters. The country is prone to natural disasters, like tsunami in December 2004 and earthquake and volcano eruptions in 2006 because the country is located on both the Australia-Asia tectonic plate and ring of fires of 11 the world.