Jakarta, CNN Indonesia – Civil procedure (citizen lawsuit) against President Joko Widodo and some senior officials summoned because of the case forest and land fires (karhutla) that occurs every year in Kalimantan that has occurred since 1997.
"That forest and land fires in the province of Central Kalimantan have been around for a long time and have started immensely since 1997 and that happened for the last time in 2015", wrote the claimant in a copy of the decision of the district of Palangkaraya, cited from the page putusan.mahkamahagung.go.id.
It is known that the president of Indonesia in 1997 was still in the hands of Suharto. Since then, the president has alternated between BJ Habibie, Abdurrahman Wahid, Megawati Sukarnoputri and Susilo Bambang Yudhoyono. Jokowi became president in 2014.
Prosecutors filed a lawsuit dated 16 August 2016. The lawsuit was registered with the Palangka Raya court registry on 16 August 2016 in the registration number 118 / Pdt.G / LH / 2016 / PN Plk.
The prosecutors claimed to be civilians who were being harmed by the karhutla, namely Arie Rompas, Kartika Sari, Fatkhurrohman, Afandi, Herlina, Nordin, Mariaty.
Efforts to suppress the growth of water in Pedamaran Induk, Ogan Komering Ilir (OKI), South Sumatra, Thursday (7/19). (BETWEEN PICTURE & # 39; S / Nova Wahyudi)
Meanwhile, the parties called are the President, the Minister for the Environment and Forestry, the Minister responsible for plantations, the Head of the National Land Agency (BPN), the Minister of Health, the Governor of Central Kalimantan and the Central Kalimantan DPRD.
Why is Jokowi then being prosecuted? The plaintiffs mentioned a number of reasons.
Firstly, written in the decision-making file of the Palangkaraya District Court, the president is the government holder and has the responsibility and duty to carry out the constitutional mandate. Second, the president has the power to form the law with the approval of the DVR; thirdly, the president can establish government regulations.
Fourthly, based on the regional governmental law: "The President has final responsibility for the management of government affairs carried out by government and regional regulations".
Fifth, Article 2 letter c Act No. 18 of 2013 on the prevention and eradication of forest destruction states that the prevention and eradication of forest damage is based on government responsibility.
"So suspect I [Presiden] if state representatives should make various preventative efforts by involving ministers in taking real steps to prevent and reduce forest damage, especially with regard to the burning of land and or forests that cause fog, "explained the statement .
Second President of the Republic of Indonesia Suharto, 1998. (REUTERS)
In its ruling on 6 March 2017, the Palangkaraya District Court of Justice, chaired by Kaswanto, and judges of members of Etri Widayati and Agus Maksum Mulyohadi, issued a number of claims.
The Palangkaraya Court then confirmed the decision by means of a decision that was read on September 19, 2019.
In that decision, the president was ordered to issue a number of government regulations relating to environmental management.
Other defendants were among other things punished with the obligation to enforce environmental legislation.
"Announcing the public on burnt land and license holders," the decision added.
Separately, the Director General of Law Enforcement of the Ministry of the Environment and Forestry (KLHK) told Rasio Ridho Sani that the lawsuit was the Karhutla case in 2015, a few moments that Jokowi had just served as president.
After 2015, it corrects the handling of Karhutla seriously. One is to ask LHK minister Siti Nurbaya not to be afraid of all forms of crime that are the cause of the chronic disaster.
Defendant II, Minister of Forestry for the environment, Siti Nurbaya Bakar. (CNN Indonesia / Adhi Wicaksono)
"The Minister is very serious in monitoring the law enforcement of forest and land fires, who should also be legally treated by the perpetrators." In fact, we do legal proceedings against companies, and this has never happened before, "he said in a press release that was received by CNNIndonesia.com on Wednesday (8/22).
From 2015 to the present, said Rasio, there are 510 criminal cases where LHK has been brought to justice by researchers from the Ministry of Environment and Forestry, nearly 500 hundred non-compliant companies are subject to administrative sanctions and dozens of companies that were considered negligent in the guarding the country were prosecuted.