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WALHI
August 2004
Medan, North Sumatera: The Advocacy Team for the
Bahorok Tragedy submitted their law suit at the Medan
State Court on Tuesday morning (3/8/04). The law suit
was brought against the president as well as
government and private bodies to demand their
accountability over the management of Leuser Mountain
National Park and the Leuser Ecosystem Area. Logging
damage has been pointed to as the cause of the Bahorok
flash flood in November 2003, claiming the lives of
over 200 people, causing massive property damage and
destroying the surrounding ecosystem.
The seven respondents are, namely: the Indonesian
President, the Forestry Minister, North Sumatera
Governor, the Langkat Regent, Leuser Mountain National
Park Agency, International Leuser Foundation, and the
Leuser Management Unit.
The respondents were considered careless in performing
their duties in establishing an early warning
mechanism for potential disasters. This failure has
resulted in zero information received at the community
level, especially those living along the Bahorok
River, of the potential danger. Thus, the sudden flash
flood took the community by surprise and resulted in
high casualties.
Accountability demanded in the law suit includes
immediate action to be taken by the respondents at the
Leuser Ecosystem Area. The first and foremost is to
remove piles of logs and fallen trees swept into the
upstream area of the Bahorok river system. This is
crucial to prevent them being swept downstream by a
potential flood and causing similar destruction
downstream.
Another demand is for the Langkat Regent to build a
bridge over the river to facilitate better access and
transportation for the surrounding community, and to
rebuild infrastructure and provide funds for the local
children’s education and needs until their parents can
resume their livelihoods.
The plaintiff argued that the flash flood was directly
and indirectly caused by the degradation of the Leuser
ecosystem which was attributable to illegal logging.
Therefore, the plaintiff demanded that the president,
the forestry minister, the north Sumatera governor,
the Langkat Regent and the Head of Leuser Mountain
National Park restore the area and its ecological
functions. Reforestation is required in all forest
areas destroyed by the flash flood, from the upstream
area and all the way downstream along the Bahorok
river catchment.
The case demands the five defendants rebuild the
infrastructures and facilities at Bukit Lawang,
including the tourism areas of Bukit Lawang, Sampe
Raya village, and Timbang Lawan village. It is also
demanded that the process will involve the local
community as the main stakeholder and local
organisations concerned with the management of the
Leuser ecosystem and environmental management in
general.
The plaintiff demanded a public apology for the crimes
and negligence that led to the flash flood. This
apology must be published in the form of an
advertisement in several print and electronic media.
The case demands the Indonesian President to order the
Chief of Police to take legal measures against the
perpetrators of illegal logging at the Leuser
Ecosystem Area as well as the national Park. Another
demand is for the court to declare the two other
defendants, the Leuser Management Unit and the
International Leuser Foundation, guilty of negligence
in the management of the Leuser Ecosystem Area which
attributed to the flash flood.
The plaintiffs demand reimbursement for all expenses
incurred while carrying out the investigation into the
environmental damage caused by the flood. The case
demands the defendants pay the plaintiff for all costs
resulting from the law suit in the amount of 100
million rupiahs.
The final demand was to revoke the Presidential Decree
No. 33/1998 on Leuser Management. [im][st][ion] |
Environment
