Supreme Court Rejects Cassation Of Jakarta Air Pollution Case, Jokowi Asked To Carry Out Court Orders

Monas's view of the background of a multi-story building covered in pollution smoke in Jakarta, Monday, July 2019. (Between P)

JAKARTA - The Supreme Court (MA) rejected the cassation filed by President Joko Widodo and his staff regarding the Jakarta air pollution case. This cassation was previously submitted by the government after losing at the appeal level in the lawsuit of 32 citizens.

In the cassation decision which was knocked on Monday, November 13, the Supreme Court stated that the government was originating in fulfilling the right to a healthy and healthy environment in the DKI Jakarta area.

Responding to this, the Coalition for the City and Universe Air Cleaning Initiative (IBUKOTA) as the plaintiff of citizens or citizens of lawsuit urged Jokowi and his staff to carry out the order of the Supreme Court.

"There have been too many victims and losses due to air pollution, even the future of our children and grandchildren is threatened if there are no fundamental changes. Enough, the government. Immediately obey the court's orders and change fundamentally," said the representative of 'BIKOTA Coalition', Elisa Sutanudjaja in his statement, Friday, November 17.

According to the Capital City Coalition, the government's actions, which previously took cassation efforts and did not want to carry out the court's decision, showed that the government did not have good faith to protect, fulfill, and uphold the right to clean air.

"Given that air pollution continues and causes residents to be economically, socially affected, we strongly demand that the President and his staff who are defendants stop using legal remedies to postpone their legal obligations and immediately improve air quality by carrying out court decisions by involving the public," said Director of LBH Jakarta Citra Referandum.

For information, this air pollution case began 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.

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.