Indonesia needs environmental courts<\/p>\n
SURABAYA, East Java (JP): Attorney General Singgih, lamenting
\nthe poor enforcement of environmental laws, has proposed the
\nestablishment of a special court for trying cases of
\ncontamination for commercial gain, with emphasis on environmental
\npollution.<\/p>\n
Singgih told The Jakarta Post after opening a seminar on
\nenvironmental protection laws here on Sunday that such crimes are
\ngetting more complicated in form and as such a court is urgently
\nneeded to handle them more effectively.<\/p>\n
The establishment of such a court would also help the
\ngovernment's drive to instill corporate responsibility, he added.<\/p>\n
The seminar was held by the East Java Prosecutor's Office in
\ncooperation with the Airlangga University's Law School. Singgih
\nreminded the participants that, in contrast to other crimes,
\nenvironmental cases usually have greater impact on the people.<\/p>\n
In addition, environmental pollution cases are especially
\nsensitive because very often they degenerate and trigger riots,
\nwhich could then be exploited by \"the third party\", he said.<\/p>\n
He cited as an example last month's attacks by hundreds of
\nlocal people of Pasuruan, East Java, of a South Korean-owned food
\nseasoning plant for allegedly polluting the Rejoso River.<\/p>\n
Police arrested dozens of protesters, some of whom turned out
\nto be out of town students.<\/p>\n
The Environmental Impact Management Agency, however, said it
\nis likely the pollution came from other sources and that the
\ncompany had a fine record in complying with environmental
\nregulations.<\/p>\n
The agency also said that the water in the river met with the
\nminimum standard for a river, at least for \"agricultural
\npurposes\" and not necessarily for drinking.<\/p>\n
\"If we had such a special court, the legal procedures for
\nenvironmental destruction for commercial gain could be handled
\nefficiently and in ways which are less time consuming,\" Singgih
\nsaid.<\/p>\n
Singgih acknowledged that very often poor law enforcement on
\nenvironmental destruction cases is caused by the inadequate bases
\nupon which the authorities can establish evidence of crimes. The
\ncondition is particularly relevant for cases of contamination by
\ntoxic liquid, he said.<\/p>\n
\"For instance, it's very difficult to trace pollution of deep-
\nwells and other underground rivers by such toxic liquid,\" he
\nsaid. \"We often find it difficult to get even a sample for
\nevidence.\"<\/p>\n
He cited as another example of crime for commercial gain the
\n1992 case involving a manufacturer of bean curd cakes in
\nSidoarjo, East Java. The residents of the surrounding areas lost
\ntheir lawsuit because the local authority could not find strong
\nevidence of contamination, he said.<\/p>\n
Singgih also proposed the establishment of \"command posts\" in
\nindustrial estates, whose task would be to take complaints and
\nother reports of possible pollution from local people.<\/p>\n
In his speech, Singgih also called for clarification on
\nenvironmental law and regulations.<\/p>\n
\"We have yet to establish a unified perception on whether
\ncrimes or civil cases concerning environmental pollution can be
\nclassified as a general crime, an commercial crime, or as a
\nspecial environmental crime,\" he said.<\/p>\n
In the United States and Canada, environmental destruction is
\nclassified as general crime, but the countries have special
\nprosecutors, police and judges to handle such cases, he said.<\/p>\n
The Attorney General's office several years ago sent some 60
\nprosecutors to the Netherlands to study environmental laws and
\nlegal procedures there, but so far the experience has not been
\napplied.<\/p>\n
\"Not one among them has handled environmental cases yet
\nbecause they are posted somewhere else and because of a number of
\nother reasons,\" he said. (15\/swe)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/indonesia-needs-environmental-courts-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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