Environmentalists Are Not Protected

KOMPAS/RIZA FATHONI

Dozens of protesters demonstrate in front of the Merdeka Palace, Jakarta, Tuesday (11/12/2018). This civil society organization together with community members was held to coincide with the commemoration of Human Rights Day. They reject repressive actions, case manipulation (criminalization), lawsuits, forced evictions and other human rights violations against communities that struggle to defend their rights to land, villages, a healthy environment and other basic rights.

JAKARTA, KOMPAS - Even though the protection against environmentalists has been stipulated in laws and regulations, the legal enforcement in the field is still weak. Their efforts to fight for the right to a good and healthy environment, as stated in the constitution, are still overshadowed by violence and criminalization.

According to data provided by the Indonesian Forum for the Environment (Walhi), from January to October 2020, there were 19 cases of violence conducted against environmentalists in 12 provinces.

Meanwhile, based on the records of the Institute for Community Studies and Advocacy (Elsam), during the January-August 2020 period, there were 50 cases of violence and threats against human rights activists in the environmental sector spread across 14 provinces.

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Elsam\'s researcher, Azka Fahriza, said the violence against the environmentalists still occurred because the security system still used a militaristic approach. In addition, the oligarchic structure held by elite groups and entrepreneurs also supports the vulnerability of these environmentalists.

"It seems that development projects will be still continued despite criticism and rejection at the community level affected by these projects," he said in Jakarta on Sunday (10/1/2021).

KOMPAS/NIKSON SINAGA

The Wahana Lingkungan Hidup Foundation (Walhi) rallied after registering a lawsuit for the Batangtoru hydropower plant environmental permit at the Medan State Administrative Court, North Sumatra, Wednesday (8/8/2018).

Walhi’s national executive director Nur Hidayati also shared the same view. According to her, the condition experienced by environmentalists will be even more severe in the future because growth economic policies would still rely heavily on large-scale investment, mostly based on natural resources. On the other hand, the newly implemented Law No. 11/2020 concerning job creation is considered to have weakened environmental and social protection.

There are a number of examples of criminalization against environmentalists such as that experienced by an environmentalist in Samosir, North Sumatra, Sebastian Hutabarat, who was imprisoned on charges of humiliation. He was persecuted for criticizing the C-class mining activities near the Lake Toba area.

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There are more examples. Six former heads of neighborhood units (RT) in Kenanga village, Sungailiat, Bangka, Bangka Belitung Islands, are facing trial. They are being charged for allegedly using their positions to incite residents to protest against company’s suspected of polluting the environment and document forgery.

Inadequate

Protection against human rights activists in the environment sector is stipulated in a number of regulations, one of which is Law No. 32/2009 concerning environmental protection and management (UU PPLH). In Article 66 of the law, it is stated that these community groups cannot be prosecuted criminally and sued on a civil basis.

A researcher at the Center for Human Rights Law Studies, Airlangga University, Herlambang P. Wiratraman, is of the view that the provisions of Article 66 are insufficient to protect environmentalists against massive acts of violence and criminalization.

JARINGAN MASYARAKAT PEDULI PEGUNUNGAN KENDENG

About 20 people from the Kendeng Mountains Caring Community Network (JMPPK), took action at the limestone mining site, in Baleadi Village, Sukolilo District, Pati Regency, Central Java, Tuesday (21/4/2020). On Kartini\'s Day, as well as nearing Earth Day, they want to remind the environment that the Kendeng Mountains are being mined.

Article 66 of the PPLH Law is also considered a formality and contrary to the commitment to protect the rights of citizens.

The head of the Witness and Victim Protection Agency (LPSK,) Hasto Atmojo Suroyo, said the LPSK still had difficulties in assisting victims in cases related to environmental and agrarian conflicts. They are often framed or criminalized so that they seem to be criminals.

Komnas HAM

[It is about] how to increase public awareness of fighting without violence

Commissioner for Studies and Research at the National Commission on Human Rights (Komnas HAM), Sandrayati Moniaga, said that currently the challenge was to ensure that the government, including the police, carried out their duties within the framework of protecting, advancing, enforcing and fulfilling human rights. "[It is about] how to increase public awareness of fighting without violence," he said.

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On the other hand, he said, until now there was no implementing regulation issued in the enforcement of Article 66 of the PPLH Law. The regulation is needed as a guideline in the field. It is hoped that the implementing regulation, which will be issued by the Environment and Forestry Minister, will be soon approved. (M T K / R A M / N S A / D E A)

This article was translated by Hendarsyah Tarmizi.