The citizen lawsuit for the air pollution in Jakarta was, once again, won by the appellee (originally plaintiff) who were members of the IBUKOTA Team (Inisiasi Bersihkan Udara Koalisi Semesta) at the appeal level, and was decided by Jakarta High Court with the panel judges headed by H. Abdul alongside the member judges, H. Mohammad Lutfi S.H., M.H., and Dr. Marsudin Nainggolan S.H., M.H.,. Previously, the defendants have already filed an appeal brief to a higher court on the 15th of November 2021.
Based on the appeal brief submitted by the appellant (originally defendants) the High Court Judges consider the fact that the apellee (originally plaintiff) have fulfilled the procedural requirements from the lawsuit, which just so happens to be the existence of evidence in the form of the lawsuit notification from the trial. Moreover, as for the arguments outlined in the appeal brief, the High Court Judges believes that there is nothing can invalidate their decision. Thus being said, the overall facts of the trial have shown the actions of the appellant (originally defendants) can be classified as unlawful actions (onrechtmaatige daad).
Jakarta High Court determined that appellant (originally defendants), specifically the President of the Republic of Indonesia, the Minister of Environment and Forestry of the Republic of Indonesia, the Minister of Home Affairs of the Republic of Indonesia and the Minister of Health of the Republic of Indonesia, had been proven to have committed an unlawful act (onrechtmaatige daad). To go to specific details, their actions have been considered as negligent, and has not carried out its obligations in fulfilling the right to a good and healthy environment, which has inevitably resulted in poor air quality in DKI Jakarta. This resulted in losses for the Plaintiffs alongside the people of DKI Jakarta, among which various diseases related to air pollution have risen.
“The High Court concludes that the Central Jakarta District Court Decision Number 374/Pdt.G/LH/2019/PN Jkt Pst within the date September 16, 2021 can be defended and upheld,” quoted from the decision of the Panel of High Judges in their judgement.
With the existence of this appeal ruling, it is appropriate for the government to carry out its authority consciously and responsibly, aligning with the mandate of the legislation. The petition of the Plaintiffs, as rights holders is a basic right for citizens to obtain a good and healthy living environment, as guaranteed in Article 28 H and Article 28 I Paragraph 4 of the 1945 Constitution, as well as Law Number 36 of 2009 concerning Health, and Law Number 32 of 2009 concerning Environmental Protection and Management. There remains to be a strong hope for the community that this decision can become a landmark judgment for relevant stakeholders, in terms of formulating policies and law enforcement in maintaining air quality in Jakarta and its affected areas.
AMAR Law Firm & Public Interest Law Office