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.