JAKARTA - The Central Jakarta District Court found seven state officials guilty of air pollution in Jakarta. These officials ranged from President Joko Widodo to the Governor of DKI Jakarta Anies Baswedan.
Thus, this lawsuit was won by 32 plaintiffs. The representative of the plaintiff's legal team, Ayu Eza Tiara, appreciated the court's decision.
Ayu views that the decision of the Central Jakarta District Court Panel of Judges is in favor of the interests of all citizens. This also proves that the government has been negligent in maintaining air quality in Jakarta.
"We consider that the decision is the right and wise decision, considering that from the evidentiary process at the trial, it is very clear that the Government has made negligence in controlling air pollution," Ayu said in her statement, Friday, September 17.
Ayu said that the officials who were found guilty should accept their defeat and immediately make efforts to improve air conditions. They were asked not to file an appeal through an appeal.
“The Capital City Coalition advocacy team is very open to participating in improving air quality in Jakarta, as well as Banten and West Java. We will also oversee so that the government actually fulfills its obligations," said Ayu.
Initially, the lawsuit was filed by 32 residents, namely Melanie Soebono, Elisa Sutanudjaja, Tubagus Soleh Ahmadi, Nur Hidayati, Adhito Harinugroho, Asfinawati, and dozens of other people represented by legal advisor Arif Maulana on July 4, 2019. In their petition, the plaintiffs requested so that the defendants are proven to have violated human rights, because they are 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 an unlawful act," said the chairman of the panel of judges, Saifuddin Zuhri in his decision. 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 namely Governor of DKI Jakarta Anies Baswedan, Governor of Banten Wahidin Halim, and Governor of West Java Ridwan Kamil .
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.
"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, to the Minister of Home Affairs Tito Karnavian to supervise and guide the performance of Defendant V (Governor of DKI Jakarta) in controlling air pollution." What needs to be achieved as the basis for consideration of Defendant V (Governor of DKI Jakarta Anies Baswedan) in formulating strategies and controlling air pollution," said Judge Saifuddin.
Meanwhile, the Governor of DKI Jakarta, Anies Baswedan, was sentenced to do 4 things, namely: A. Supervise everyone on the provisions of the legislation 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 pollutant whose business activities emit emissions and have an environmental permit and emission disposal from the Governor of DKI Jakarta.4. Supervise compliance with the standards and or specifications of the fuel 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 monitoring evaluations and imposing 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.
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