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Compensation from forest fire cases: Urgency to reform law enforcement
According to the National Disaster Mitigation Agency (BNPB), Indonesia has experienced 1,226 forest fires in the last 10 years. Many companies have been penalized by the court but the number of forest fires have only increased, suggesting hardly any deterrence effect on the companies.
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Officials from Safe and Rescue office in Jambi try to put out fire in the region. Thick smog from a series of peatland fires across Jambi has started to affect everyday life in the province. (JP/Jon Afrizal)
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ndonesia recently experienced the height of ruthless forest fires, particularly in West Kalimantan, Central Kalimantan, South Kalimantan, Riau, Jambi and South Sumatra.
According to the National Disaster Mitigation Agency (BNPB), Indonesia has experienced 1,226 forest fires in the last 10 years. Many companies have been penalized by the court but the number of forest fires have only increased, suggesting hardly any deterrence effect on the companies.
Additionally, the government failed to heavily implement the “zero tolerance” principle. In fact, the government seems reluctant to prevent forest fires by imposing strict punishment on the perpetrators.
In 2015, a civil claim was filed by the community against the government in connection with the forest fires.
The community, represented by the smoke emergency advocacy team, Central Kalimantan, sued President Joko “Jokowi” Widodo, and other government institutions. The lawyers claimed the government had committed unlawful acts because the haze had caused people to suffer from disease and disrupted their daily activities. Therefore, the lawsuit said the government had failed to fulfill people’s rights to a clean and healthy environment in accordance with the 1945 Constitution , the Human Rights Law and the Environmental Law.
The civil claim was granted by the Palangkaraya District Court, Palangkaraya High Court and Supreme Court. The court decision ordered the government to issue the implementing regulation on prevention and countermeasures regarding forest fires and establish a hospital providing free services for all affected victims.
However, ironically in 2019, the government filed a judicial review with the Constitutional Court to annul the lower courts’ rulings, instead of voluntarily complying with the decision.
