Class action needed for environmental cases

Class action needed for environmental cases

JAKARTA (JP): Experts are calling for the introduction of
class action by individual victims of environmental degradation.

"That mechanism would effectively reduce the amount of work
and costs involved in court proceeding, compared to the current
system which allows only single plaintiffs," said Harkristuti
Harkrisnowo of the University of Indonesia's Law School in a
seminar here last week.

She explained that class action was a better option for
victims of environmental pollution who are often poor. She cited
the lawsuit being filed against the New Orleans-based mining
company PT Freeport McMoran for cultural genocide and
environmental destruction in Irian Jaya.

The suit represents 1,300 members of the Amungme tribe. Tom
Beanal is the plaintiff.

According to the principles of class action, the court
decision will be effective for all of those represented.

Environmentalist Mas Achmad Santosa, the executive director of
the Indonesian Center for Environmental Law (ICEL) further
suggested that a special court be established to process
environmental cases.

"It follows that courts would have to have specialized judges,
prosecutors and lawyers to enforce environmental laws," he said.

Harkristuti and Mas Achmad both spoke at a national seminar on
environmental protection at the University of Indonesia on
Wednesday.

In his opening speech, Attorney General Singgih admitted that
law enforcers, judges, prosecutors, and investigators are
generally ignorant about environmental issues.

"They need to broaden their horizon. Environmental issues have
become more and more important," Singgih said.

Both Harkristuti and Mas Achmad lamented inadequate penalties
for violating environmental laws, and agreed that one of the
causes was law enforcers' poor understanding of environmental
problems. (14)