Wanting To Protect Consumers, LPKSM Yasa Nata Budi Is Actually Sued By The Corporate

Photo: Special

JAKARTA - The Supreme Court won a lawsuit filed by the Institute for the Protection of Non-Governmental Consumers (LPKSM) Yasa Nata Budi regarding the dangers of using health asbestos.

Responding to the results of the verdict, the Asbes Industrial Association, which is said to be worried about potential losses due to the decision, reported LPKSM Yasa Nata Budi with criminal charges related to violations of the ITE Law. The value of the demands submitted reached Rp7 billion.

For information, LPKSM Yasa Nata Budi in his lawsuit requested that all roof products be bumpy and flat made from asbestos include warning labels.

Further discussions related to this were held at the National Seminar for the Victory of Consumer Protection Sued by the Corporate, organized by LION Indonesia and LPKSM Yasa Nata Budi in Jakarta on Wednesday 18 December.

Secretary of the National Consumer Protection Agency (BPKN), R. Wisnu Haryo Samudro, in his presentation said that his party was still conducting studies related to the case. However, in principle, BPKN provides full support to consumers.

"We (still) have to look first. But for sure, BPKN wants to always protect consumers. That's the most important thing, nothing else," said Wisnu.

On the same occasion, Dr. Anna Suraya, an occupancy doctor who specializes in toxicology, explained that all types of asbestos have been designated as carcinogenic material by the world cancer research agency, WHO, and ILO. According to him, because of the carcinogenic nature, there needs to be appropriate policy steps to control it.

"Yasa Nata Budi's lawsuit for labeling is actually quite moderate. They do not ask for a ban, only labeling. From the point of view of risk prevention science, the factors causing danger should be eliminated. My doctoral research, which was published internationally with data from Indonesia, has proven the relationship between asbestos and lung cancer," explained Dr. Anna.

According to Dr. Anna, the carcinogenic nature of asbestos is not to scare the public, but as important information that needs to be known by the public so that they can consciously choose the products they use. He also mentioned that the first report related to diseases caused by asbestos in Indonesia had existed since 2017.

"The workers are sick due to asbestos because they don't know the dangers contained in the material. When they are sick, our health system is also limited to dealing with the impact. We don't want similar situations to happen to consumers in the future, which will burden our national health system," he added.

The Head of the Counseling and Defense Division of Yasa Nata Budi, Leo Yoga Pranata, explained that his institution is suing the Regulation of the Minister of Trade Number 25 of 2021 concerning the Determination of Goods that are Mandatory to Use or Complement Indonesian Language Labels. The lawsuit was registered on December 29, 2023.

"We are suing the Permendag because it does not consider several higher regulations, which instead designates asbestos as Hazardous and Toxic Material (B3), such as PP 74 of 2021 and other ministerial regulations. For that victory, we are facing a lawsuit from the industry association that produces roof asbestos," said Leo.

The Semen Indonesia Fiber Industry Association sued Yasa Nata Budi on charges of disinformation related to a lawsuit filed with the Supreme Court. The association assesses that the Supreme Court's decision could cause harm to them.

Responding to this lawsuit, Yasa Nata Budi's attorney, Dadan Januar from Binsar Sitompul's attorney, said that the association's lawsuit was inappropriate because it targeted the Supreme Court's decision, not Yasa Nata Budi's actions.

"What is questioned by the association against Yasa Nata Budi is what has been considered and decided by the Supreme Court. So, it was not Yasa Nata Budi who decided to label the asbestos. It does not make sense that the Supreme Court's decision is being sued at the Central Jakarta District Court by targeting citizens whose legal standing has been received," said Dadan.

A number of human rights activists called the association lawsuit an example of the Strategic Lawsuit Against Public Participation (SLAPP), namely legal remedies aimed at weakening public participation. Director of LBH Bandung, Heri Pramono, explained that SLAPP is often used to silence public efforts in defending the public interest.

"There have been a number of similar cases before. The situation in which consumers or advocates are sued by corporations like this is an unhealthy practice and needs to be rejected. There must be a systematic resistance to prevent this from continuing," said Heri.

Surya Ferdian, Director of LION Indonesia, said that the struggle to protect the public from the dangers of illness due to asbestos takes a long time. According to him, the lawsuit from industry associations is a challenge that must be faced.

"We have worked for advocacy related to asbestos for more than 14 years. We understand that challenges like this will arise, and we are ready to face them. With the belief that the Indonesian people support this struggle, we believe the law will side with the truth," concluded Surya.