By: Sandoro Purba

On January 15, 2014, the Legal Aid Division of the People’s Legal Aid Institute (HuMa) conducted activities to follow up on the lawsuit filed by PMH regarding forest fires in Riau and Jambi at the Central Jakarta District Court. The lawsuit was filed by the Advocacy Team for Restoring Indonesia. The organizing entities involved were the Central Jakarta District Court, with Mediator Judge Rohmat accompanied by Acting Clerk Rustiani.

Meanwhile, other involved organizations/participants included the Legal Team of Restoring Indonesia, with members such as Musri Nauli, Muhnur Satyahaprabu, and Sandoro Purba. This advocacy was carried out to enforce the law regarding the negligence of the Indonesian government in managing the environment and disregarding the right to life of the surrounding communities.

The chronology of the case included attending a mediation session on Wednesday, January 15, 2014, led by Mediator Judge Rohmat and Acting Clerk Rustiani. The Plaintiff’s Legal Team attended the session, while the Defendants’ Legal Team did not include the President of Indonesia, the Indonesian National Police (POLRI), and the Ministry of Environment. The mediation started with an apology from the Mediator Judge for the delay, beginning around 2:00 AM instead of the scheduled 11:00 AM. The Mediator then allowed both the Plaintiff and the Defendants to respond, emphasizing the need for optimized mediation and efficient negotiation systems among the Defendants to coordinate their responses to the Plaintiff’s claims.

One of the responses from the Defendants’ Legal Team member, Muhnur, included suggestions such as the possibility of holding mediations outside the courtroom in separate regions like Riau and Jambi. They also addressed the Plaintiff’s demands as basic obligations under the law, emphasizing the importance of internal government agreements for implementation. Furthermore, they proposed long meetings to discuss regional agreements before presenting them as offers to all Defendants in a general mediation meeting.

The Defendants raised questions about the timing of the next session, the Plaintiff’s proposals, and the adequacy of local government actions. They also sought clarification on the situation in Pekanbaru, Riau, and emphasized that preventive measures had been taken, mainly under the authority of the Minister of Forestry. They stressed the importance of finding a win-win solution through mediation and requested the Plaintiff to coordinate with the Defendants to determine the time and place of future meetings in writing for accountability. The Mediator Judge responded by suggesting regional meetings coordinated by regional authorities, with proposals documented for the next session. Formal invitations were deemed unnecessary for subsequent sessions.

Regarding the Plaintiff’s demands, which were legal obligations that must be fulfilled without negotiation, the Defendants acknowledged the long-term nature of the process. They agreed on the next session scheduled on February 12, 2014, at 10:00 AM for the second mediation session.

As a suggestion, the monitoring of the enforcement of the court decision by Human Rights Watch (HuMa) was proposed, particularly regarding the audit of all plantation permits and Industrial Forest Plantation permits in Riau and Jambi. This aligns with HuMa’s efforts to review permits through alliances for Forest and Global Climate Rescue and relevant Conflict Resolution initiatives. It was suggested to establish regional regulations or equivalent mechanisms to form a body responsible for auditing permits, including a defined timeline. The classification of audited permits as to be revoked, partially viable, or viable, along with a clear chain of command for overseeing the review process by local officials, was also emphasized.