Implications of Citizen Lawsuits for Forest and Land Fires in Central Kalimantan Province from the Perspective of Environmental Justice

Abstract

Forest and land fires in Central Kalimantan Province in 2015 caused a lot of losses in the aspects of health and the economy. Therefore, the community filed a citizen lawsuit at the Palangkaraya District Court in 2016, suing the Indonesian President, various Ministers, the Governor, and the Legislative House of Central Kalimantan. From the first level to the cassation level, the plaintiffs won the case. But then, a judicial review was carried out and the Supreme Court granted it. So, the Government was free from any charges. This research used a socio-legal research method with a case study approach. Decision No. 980 PK/PDT/2022 which granted the Substantial Government Review had not created justice for the community and the environment, even though it aimed to maximize benefits for the community. The lawsuit filed by civil society in the case of forest fires in Central Kalimantan in 2015 against the government was a citizen lawsuit. The community’s demands through the lawsuit aimed to uphold and protect the environment and ecocracy principles. Thus, the Supreme Court decision is considered to fail in representing the principle of substantive justice.