Landslide victims sue forestry firm, government

Landslide victims sue forestry firm, government

Ainur R. Sophiaan and Yuli Tri Suwarni, The Jakarta Post,
Surabaya/Bandung

The families of at least 26 people who were killed in a landslide
that hit the East Java town of Pacet in December last year sued
state forestry firm Perhutani and the local regent for causing
the tragedy and demanded Rp 781 billion (about US$87 million) in
compensation.

In Bandung, families of victims also filed a lawsuit worth Rp
50.41 billion against Perhutani and the government over a
landslide that killed 21 people in the West Java town of Garut in
January 2002.

The first class action suit was filed at the Surabaya district
court on Wednesday, said Eko Sasmito, who heads a team of 20
lawyers representing the families.

"We have sued Perhutani and the Mojokerto regent head,
Achmady, because the two are most responsible for the Mojokerto
tragedy," said Eko.

A mudslide, triggered by days of heavy rain, hit a hot springs
resort located on the slope of Mt. Welirang in Pacet. Many of the
victims were children between the ages of 4 and 10, who were
bathing in the pools when the flash flood buried them. Rescuers
recovered the bodies of 26 victims, with 17 others still missing
some three months after the incident.

Eko said that Perhutani had violated the law by converting a
nearby protected forest into a production area.

The state company could not be immediately reached for
comment, but a spokesman for the company said earlier that it was
ready to face a lawsuit.

Villagers have also said a pine forest on the slope above the
hot springs resort had been thinned out by illegal loggers.

Families are now demanding that both the Perhutani firm and
Mojokerto regent Achmady pay families Rp 130 billion in
compensation for those members lost to the disaster, Rp 51
billion for those missing, Rp 400 billion for those injured, and
Rp 200 billion for those traumatized by the incident.

The East Java chapter of the Indonesian Environmental Forum
(Walhi) voiced support for the class action suit.

"We haven't seen any initiatives taken by the Mojokerto
regency nor Perhutani to help the victims and the public. And the
officials just blame each other," said Walhi director Syafruddin
Ngulma.

In Bandung, 16 lawyers are representing nine family members in
suing the Perhutani management, President Megawati Soekarnoputri,
Minister of Forestry Mohamad Prakosa, West Java Governor R.
Nuriana, and the Garut regent.

"Perhutani is responsible because they manage the Mandalawangi
Forest. The president is the one who issued the permit to manage
the forest to Perhutani, whereas the local government is seen as
having done nothing to protect the public from the threat of
landslides," said one of the lawyers, Anwar Sulaeman.

Earlier this month, State Minister of the Environment Nabil
Makarim and several non-governmental organizations said they
would sue those parties responsible for the series of landslides
and floods across the country.