Jakarta – On 17 January (Monday), the Clean Air Coalition (IBUKOTA), of which AMAR is a member of, filed a counter notice of appeal on behalf of a group of citizens of Jakarta involved in the air pollution case against five government officials.
On 16 September 2021, a verdict had been made in relation to this case with Decision No. 374/Pdt.G/LH/2019/PN Jkt.Pst at the Central Jakarta District Court.
The court decided that the President of the Republic of Indonesia, the Minister of Environment and Forestry, the Minister of Health, the Minister of Home Affairs, and the Governor of the Special Capital Region of Jakarta (DKI Jakarta) were found guilty of allowing the air pollution in Jakarta to worsen under their authority.
With the decision, the officials were sanctioned to stricten policies and standards related to air quality – such as its enforcement and compliance, and to develop and implement effective strategies in relation to the mitigation of pollution. The decision also obligated the Minister of Environment and Forestry to supervise the Governors of DKI Jakarta, Banten and West Java.
Following the verdict, in October 2021, the President, the Minister of Environment and Forestry, the Minister of Home Affairs, and the Minister of Health had filed a notice of appeal to the court. In return, the counter notice of appeal was filed against the four officials.
The counter notice of appeal filed by the IBUKOTA Coalition has one purpose: to strengthen the judges’ verdict in the previous case – a decision that the team had considered to be exemplary.
This case shows the lack of accountability and responsibility that government officials bear in relation to maintaining and regulating air pollution in Indonesia’s capital city – Jakarta. The decision of the case did not pose any sanctions for them, rather, they were only given obligations on what to do to help solve the issue – something that was already their responsibility in the first place. However, they failed to fulfil such obligations.
This poses the question, why should citizens have to go through so many administrative steps and processes to push the government to carry out their duties and protect citizens’ rights to clean air? The act of registering this counter notice of appeal serves as a reminder for government officials to do their job and to show them that their lack of effort has consequences.
Image source: CERAH
- “Jakarta residents win battle for clean air against Indonesian government” CNN World. 16 September 2021.
- “Court rules government guilty for failing to tackle Jakarta’s air pollution.” TheJakartaPost. 17 September 2021.
- “Pendaftaran Kontra Memori Banding dari 32 Warga Negara untuk Hak atas Udara Bersih Jakarta.” Greenpeace. 17 January 2022.
- “Koalisi Ibu Kota Balas Upaya Banding Pemerintah Pusat Atas Putusan Polusi Udara.” Tribunnews. 17 January 2022.