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)