Losing The Air Pollution Lawsuit, Anies Decides DKI Not To File An Appeal

ILLUSTRATION/BETWEEN

JAKARTA - DKI Jakarta Governor Anies Baswedan decided not to fight the court's decision with an appeal after losing the air pollution lawsuit at the Central Jakarta District Court.

This is in response to the decision of the judges of the Central Jakarta District Court which decided that the Republic of Indonesia, represented by President Joko Widodo and Anies Baswedan, committed acts against the law that resulted in environmental damage and pollution, namely air pollution.

"Today, the Central Jakarta District Court has granted the Capital City Coalition's claim regarding air pollution. The DKI Jakarta Provincial Government has decided not to appeal and is ready to carry out the court's decision for better Jakarta air," Anies said as quoted from his Twitter account, Thursday, September 16.

Initially, the lawsuit was filed by 30 residents, namely Melanie Soebono, Elisa Sutanudjaja, Tubagus Soleh Ahmadi, Nur Hidayati, Adhito Harinugroho, Asfinawati, and 24 others represented by legal advisor Arif Maulana 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.

Until finally, the Panel of Judges of the Central Jakarta District Court decided that the Republic of Indonesia had committed an unlawful act that resulted in environmental damage and pollution.

"To try, grant the plaintiffs' claims in part. To declare that Defendant I, Defendant II, Defendant III, Defendant IV, and Defendant V have committed acts against the law," said the chairman of the panel of judges, Saifuddin Zuhri in his decision.

The five defendants are Defendant I President of the Republic of Indonesia Joko Widodo, Defendant II Minister of Environment and Forestry Siti Nurbaya Bakar, Defendant III Minister of Home Affairs Tito Karnavian, Defendant IV Minister of Health Budi Gunadi Sadikin, and Defendant V Governor of DKI Jakarta Anies Baswedan.

The defendants were deemed to have violated Law Number 32 of 2009 concerning Environmental Protection and Management and the provisions of all relevant laws and regulations.

"Punished Defendant I (President Joko Widodo) to establish a national ambient air quality standard that is sufficient to protect human health, the environment and ecosystems, including the health of sensitive populations based on scientific and technological developments," said Judge Saifuddin.

Ambient air quality standards are the levels of substances, energy, and/or other components present in the free air.

"Punished Defendant II (Minister of Environment and Forestry Siti Nurbaya) to supervise the Governor of DKI, Governor of Banten, and Governor of West Java, in conducting an inventory of cross-border emissions of DKI Jakarta, Banten and West Java Provinces," said Judge Saiffudin.

Furthermore, the Minister of Home Affairs Tito Karnavian to supervise and guide the performance of Defendant V (Governor of DKI Jakarta) in controlling air pollution.

"Punished Defendant IV (Minister of Health Budi Gunadi Sadikin) to calculate the reduction in health impacts due to air pollution in DKI Jakarta Province which needs to be achieved as a basis for consideration of Defendant V (Governor of DKI Jakarta Anies Baswedan) in formulating strategies and controlling air pollution," said the judge. Saifuddin.

Jakarta's blue skies today. Today, the Central Jakarta District Court granted the Capital City Coalition's lawsuit regarding air pollution. The DKI Jakarta Provincial Government has decided NOT to appeal and is ready to carry out the court's decision for a better Jakarta air. pic.twitter.com/37jfFy4yhM

— Anies Baswedan | Already #VaksinDulu (@aniesbaswedan) September 16, 2021

Meanwhile, the Governor of DKI Jakarta, Anies Baswedan, was sentenced to do 4 things, namely: A. Supervise everyone on the statutory provisions in the field of air pollution control and or the provisions of environmental documents, namely: 1. Conduct periodic emission tests on old depot vehicles.2. Reporting the evaluation of the arrangement of exhaust emission thresholds in old motorized vehicles.3. Prepare a recapitulation of sources of immovable pollutants whose business activities emit emissions and have an environmental permit and emission disposal from the Governor of DKI Jakarta.4. Supervise compliance with standards and or fuel specifications set.5. Supervise compliance with the prohibition of burning waste in open spaces that result in air pollution.

B. Imposing sanctions on every person who violates the law in the field of air pollution and or the provisions of environmental documents, including for: 1. Drivers of motorized vehicles that are not in the emission quality standard for moving sources at the old depot.2. Business and or activity that does not meet emission standards for immovable sources for its business and or activity.

C. Disseminate evaluation of supervision and imposition of sanctions related to air pollution control to the public.

D. Establish regional ambient air quality standards for DKI Jakarta Province which are sufficient to protect human health, the environment and ecosystems including population health based on the development of science and technology.

"Punished Defendant V to conduct an inventory of the air quality of potential sources of air pollution, meteorological and geographical conditions and land use in considering the distribution of emission sources of pollution involving the population," said Judge Saifuddin.

Furthermore, the Governor of DKI Jakarta is also asked to determine the status of the regional ambient air quality every year and announce it to the public as well as formulate and implement a strategic air pollution control action plan, taking into account the distribution of emission sources of pollution in a focused manner, on target and involving public organizations.

"Rejected the plaintiff's claim for part and the rest. Sentencing the defendants to pay the case in the amount of Rp.4,255 million," said judge Saifuddin.

The verdict was decided by a panel of judges consisting of Saifudin Zuhri, Duta Baskara, and Tuty Haryati.