APSN Banner

Verdict mars mudflow anniversary

Source
Jakarta Post - May 29, 2009

Jakarta – It was more bad news and a black anniversary gift for the thousands of displaced people commemorating three years since the Lapindo mudflow disaster destroyed their livelihoods in East Java.

The Supreme Court announced its verdict publicly Thursday, despite making its decision on April 3, ruling in favor of the government and Lapindo Brantas Inc., the corporation widely blamed for the disaster.

Mud begun erupting on May 29, 2006, displacing thousands of residents from the East Java provincial town of Sidoarjo.

Lapindo, partly owned by the family of chief welfare minister Aburizal Bakrie, claims the mudflow occurred because of a 6.3 Richter-scale earthquake which struck hundreds of kilometers away. Activists and many scientists however say the eruption was triggered by errors committed during the company's gas drilling activities.

The court said it had dismissed an appeal from the Indonesian Legal Aid Foundation (YLBHI) against the Lapindo company. YLBHI claims Lapindo has denied the mudflow victims their rights through negligence.

Supreme Court spokesman Nurhadi said a panel of judges, led by Paulus Lotulung, found the government and Lapindo not guilty of any charges.

"Basically, the legal grounds presented by the plaintiffs this time around is the same as the first and second appeals. Furthermore, the evidence cannot be verified for this level of court," Antara news agency quoted him as saying.

Representing the mudflow victims, the YLBHI demanded the court declare the government and Lapindo guilty of neglecting the victims' economic, social and cultural rights.

The verdict upheld an earlier decision by the Central District Court in November last year.

The lower court argued that the government and Lapindo, through Rp 1.6 trillion (US$155.2 billion) worth of funding, had exhausted all measures at its disposal trying to assist the victims and halt the mudflow.

The district court said Lapindo had provided shelters for the refugees, paid their rent and offered financial aid for their children's education.

However, several NGOs grouped under the Justice Movement for Lapindo Mudflow Victims, attacked both the government and Lapindo for ignoring the victims.

"The various steps taken by the government and Lapindo to stop the mudflow have been a complete failure. The uncertainty of whether or not the mudflow will ever cease still plagues these victims," said NGO activist Siti Maemunah.

"The conditions there are worsening as the dams holding back the mudflow are weakening," she added.

Siti will lead a protest event this Friday to commemorate the mudflow tragedy in Jakarta, with a similar activity to be held in Sidoarjo.

Country