The Submission Of A Cassation Of Jokowi's Air Pollution Cases Is Considered To Show Government Arrogance

President Joko Widodo (Photo: Doc. Antara)

JAKARTA - President Joko Widodo through the Minister of Environment and Forestry filed an appeal in the court's decision regarding Jakarta's air pollution lawsuit after losing at the appeal level. The advocacy team for filing a citizen's lawsuit against air pollution has also submitted a memorandum of cassation contract document some time ago.

Member of the national advocacy team, Jihan Fauziah Hamdi, views that the cassation memory proposed by Jokowi on January 20 shows the arrogance of the government who is reluctant to take responsibility for the poor air pollution in the capital city.

"The cassation statement sent by the president has shown the arrogance of the government which is reluctant to fulfill the responsibility to tighten the national ambient air quality standard (BMUA) which is sufficient to protect human health, the environment and ecosystems "as ordered by a first-degree decision and upheld in the appeal decision," Jihan said in his statement, quoted on Sunday, February 5.

It is known, one of the points of argument on Jokowi's cassation memory is that the government has revised Government Regulation (PP) Number 41 of 1999 with Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Management.

In the revision of the regulation, the government has tightened the BMUA. However, according to Jihan, this did not erase the government's negligence in tightening the BMUAd and protecting citizens' clean air rights.

"The rest, the arguments presented by the President are only repeated, the arguments that have been examined, tried and decided by the Appellate level, so it is appropriate to be rejected and put aside the reasons," said Jihan.

For information, this air pollution case started with a lawsuit of 32 residents submitted to the Central Jakarta District Court on July 4, 2019. In their petition, the plaintiffs requested that the defendants be proven to have violated human rights, because they were negligent in fulfilling the right to a good and healthy environment.

Then on Thursday, September 16, the panel of judges at the Central Jakarta District Court granted the citizens' lawsuit and sentenced five state officials to be guilty of air pollution in the capital city.

The five officials are 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 DKI Jakarta Province.

In their consideration, the panel of judges stated that the defendants had known that the air in DKI Jakarta had been polluted for years. However, stakeholders do not issue many policies to improve this.

The panel of judges found the five officials guilty to take a number of steps to improve air quality in Jakarta. However, Jokowi and his ministers appealed.

Until October 17, 2022, the Jakarta High Court issued a decision number 549/PDT.G-LH/2022/PT DKI dated October 17, 2022. This decision actually strengthens the decision of the Central Jakarta District Court with case number 374/Pdt.G/LH/2019/PN Jkt.Pst issued on September 16, 2021.

Where, the decision of the Central Jakarta District Court to win or grant most of the demands filed by 32 residents in a lawsuit related to air pollution in the capital city. Thus, Jokowi and his staff were again defeated in this case.

The air pollution case continued on January 20, 2023 when Jokowi filed an appeal as a legal step against the appeal decision.