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Medan, Indonesia – “I’m very happy that we won unexpectedly,” Elisa Sutanudjaja told Al Jazeera, after an Indonesian court ruled that President Joko Widodo and other senior officials failed to protect the residents of Jakarta from damaging air pollution.
Sutanudjaja was one of the 32 plaintiffs in a landmark “citizen lawsuit” that brought Widodo, his three ministers and three governors to court to ensure clean air in the Indonesian capital.
The lawsuit was originally filed in July 2019 to solve the air pollution problem in Jakarta, and research continues to find that it is one of the most serious air pollution in the world.
According to a report released by the Lowe Institute in 2019, more than 7,000 people in Jakarta die prematurely due to air pollution each year. The low birth weight of nearly 2,000 newborns is also related to pollution.
In order to comply with COVID-19 restrictions, after reading Zoom’s judgment, Chief Justice H Saifudin Zuhari ruled on Thursday that the plaintiff partially won.
The three judges agreed that the defendant was responsible for controlling air pollution in Jakarta. It also asked the governors of neighboring West Java and Banten provinces to fail to monitor pollution in their areas, which in turn affected the capital.
The judge agreed to almost all requests from the plantation owner, stating that the defendant had “failed to take measures to control air pollution in Jakarta and committed illegal acts”.
But it did not agree with the plaintiff’s opinion that this constituted a violation of human rights.
The judges also pointed out that the Ministry of Health “has failed to communicate the health risks caused by air pollution.”
‘One small step’
Some plaintiffs told Al Jazeera that they intervened in the case because they had personally experienced the suffocating haze in Jakarta and were worried about the potential health risks to them and their families.
Chief Justice H Saifudin Zuhri (middle) announced the plaintiff’s partial victory [Jakarta Clean Air Initiative Coalition via Al Jazeera]Sutanudjaja said that when she became pregnant, she first worried about the effects of the toxic air in the capital.
On Thursday, she posted a photo of her daughter on social media, calling the sentence “a small effort to ensure that the child’s future becomes better.”
“But I also realize that this is just a small step in a long journey,” she told Al Jazeera. “Especially in ensuring that court orders are correctly executed and enforced.”
The court ordered the defendant to ensure that the air in Jakarta meets applicable ambient air quality standards and to develop an action plan to control air pollution.
Chief Justice Saifuddin also ordered the defendant to conduct emission tests on polluters in Jakarta and install equipment to monitor and collect air quality data.
The plaintiffs had previously told Al Jazeera that when public health had become a problem, they were particularly disappointed with the progress of the case during the pandemic.
For air pollution activists and environmental law advocates in Indonesia, this is a very important day-the Jakarta court has issued a ruling requiring local and central governments to take action on air pollution. https://t.co/HNUFz0bs6P
-Lauri Myllyvirta (@laurimyllyvirta) September 16, 2021
Another plaintiff, Istu Prayogi, told Al Jazeera: “Praise God and pay tribute to the young but knowledgeable legal team.” After living in Jakarta in the 1990s, he was arrested. It is diagnosed that there are spots in the lungs.
Pollution in Jakarta is believed to be caused by a series of factors, including vehicle emissions, construction, combustion of biomass and other fuels, coal combustion, and secondary aerosols such as ammonium nitrate and ammonium sulfate.
Continuous delay
The landmark judgment originally scheduled for May was postponed eight times for various reasons, including the amount of evidence and several members of the court who were infected with COVID-19.
The delay caused some speculation in the lobbying behind the scenes.
In response to Thursday’s ruling, Jakarta Governor Anies Baswedan posted a photo of the Jakarta skyline and wrote: “Jakarta’s blue sky”.
He said his government will not appeal the verdict and is “prepared to implement the court’s decision to improve the air quality in Jakarta.”
Anies previously told the media in 2019: “The people who filed the lawsuit also contributed to the decline in air quality. [in the capital]. “
The lawsuit was originally filed in July 2019 to solve the air pollution problem in Jakarta, and research continues to find that it is one of the most serious air pollution in the world [File: Bay Ismoyo/AFP]But it seems that not all defendants agree with Anies.
On Thursday night, Sigitte Rellianto, acting director of pollution control at the Ministry of Environment and Forestry, told the media that there was a plan to appeal.
“We want to appeal. According to the legal process, there is still an opportunity for appeal and we will use it,” he said.
Indonesia’s Greenpeace climate and energy activist Bondan Andrianu told Al Jazeera that those involved in the case were frustrated by the news.
Bondan said: “Even less than 24 hours after it was announced that the Jakarta citizens won the verdict in this case, we now have the tragic news that the Ministry of Environment and Forestry will appeal.” He has been supporting the plaintiffs during the trial and accompanied them in court.
Bondin added that there are also concerns that the president may appeal because it is common for the Ministry of Environment and Forestry to have the same voice as the president. The President’s Office has not yet issued a statement on this matter.
Faldo Mardini, a staff member of the Secretary of State, also told the media on Thursday that he is awaiting a review by the Ministry of Environment to determine the next move.
At the same time, Sutanudjaja and other plaintiffs expressed their disappointment on social media.
What is the air in Jakarta needed for the central government to enforce the court’s judgment? How many children should have asthma? How many more must die from pollution to be unattractive? https://t.co/2bcJdBlaoB
-Elisa (@elisa_jkt) September 17, 2021
“What do we need to say about Jakarta’s attitude regarding the central government’s enforcement of the court’s decision?” She posted on Friday.
“How many children need asthma? How many more people will die from pollution to be unattractive?”
As part of the judgment, the court also ordered the defendant to pay 4,255,000 rupiah (approximately US$300) in court fees.
The plaintiff’s legal counsel, Ayu Eza Tiara, stated that her client and advocacy team, the Jakarta Clean Air Initiative Alliance, considered the court’s decision to be a “wise decision”.
“It is clear that the government has neglected to control air pollution,” she said.
“We will also work to ensure that the government now fulfills its obligations.”
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