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PRESS RELEASE: “Indonesian Civil Society Petition Demands a Judicial Review into Presidential Decree


For immediate release

Press Release

“Indonesian Civil Society Petition Demands a Judicial Review into Presidential Decree

on Waste Incinerator Acceleration”

Jakarta, 3 June 2016 – A number of environmental and waste­interest NGOs will file a petition for review to the Supreme Court, demanding Presidential Regulation No. 18 of 2016 regarding the Acceleration of Waste to Energy (WTE) Power Plants in DKI Jakarta Province, City of Tangerang, Bandung, Semarang, Surakarta, Surabaya and Makassar (“Incinerator Acceleration PR”) to be revoked.

This petition for review will be filed by the Indonesian Center for Environmental Law (ICEL), Wahana Lingkungan Hidup Indonesia (WALHI), BaliFokus, Ecological Observation and Wetlands Conservation (Ecoton), Greenpeace Indonesia, KRuHA and Gita Pertiwi.

According to Margaretha Quina, ICEL’s Head of Pollution Control Division, there are five reasons triggering the petition for review: “First, this regulation promotes acceleration of only thermal WTE, which is not environmentally sound technology. This is contrary to the mandate of the Waste Management Act, especially Article 29 par (1) letter g, which expressly forbids the burning of waste that is not in compliance with technical requirements. Second, the hazardous waste pollution from the thermal WTE facilities, including persistent organic pollutants that are irreversible, contradicts the provisions of Waste Management Act, Public Health Act, and Stockholm Convention Ratification Act. Third, the acceleration of thermal WTE plants is contrary to the principles and objectives of the Waste Management Act which explicitly mandates the implementation of a comprehensive waste minimization policy. Forth, by permitting construction to begin before the developer obtains its Environmental Permit and its Building Permit, the regulation is contrary to the mandate of Environmental Protection and Management Act. Fifth, related to the direct appointment of the plant developers, the project development and the feed­-in-tariff to the state budget, there is a potential for violation of the Construction Services Act and Electricity Act,” she explained in Jakarta, Friday (3/6).

Similar concern is raised by BaliFokus’ Senior Advisor, Yuyun Ismawati, a Goldman Environmental Prize awardee 2009 for her works on waste management and sustainable development. “In the end, because Indonesia’s waste generally has high moisture content, it is impossible to burn it in compliance with the technical requirements without adding fossil fuel and drying the waste - which is a waste of energy, waste of money,”she said.

“Environmental health is guaranteed as everyone’s right. Indonesia has an international commitment to reduce emissions and the release of POPs (Persistent Organic Pollutants), but the government promotes a technology that will emit persistent organic pollutants, heavy metals and ash residue that is toxic in nature. We also have raised our concerns to the Ministry of Environment and Forestry, as well as to the President’s Office before the regulation was enacted. However, the Decree has been enacted without conducting the studies we recommended, and without any public consultation process,” Yuyun emphasized.

ICEL’s Executive Director Henri Subagiyo has also warned the government to be cautious in accelerating the projects. “There should not be procedural shortcuts that are contrary to the logic and objective of Environmental Impact Assessment and Environmental Permit, especially if such shortcuts have a potential to place environmental consideration only as a formality. The Government must abide by the process as mandated by the nation’s laws,” Henri said.

This petition for review will be filed to the Supreme Court this month of June 2016, as an important step to stop the waste burning projects which are starting to be built in seven major cities of Indonesia.

More info:

1. Margaretha Quina (Indonesian Center for Environmental Law)

Ph: 081287991747 | Email: margaretha.quina@icel.or.id

2. Yuyun Ismawati (Senior Advisor, BaliFokus)

Ph: +447583768707 (Whatssap) | Email: yuyun@balifokus.asia

The Press Release Document can be downloaded here.

The Presidential Decree No. 18 of 2016 can be downloaded here.

#PressRelease #Toxics #JudicialReview #SupremeCourt #WastetoEnergy

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