Palembang – July 4, 2025 – In a deeply disappointing decision, the Palembang District Court in Sumatra has dismissed a lawsuit filed by dozens of smoke haze victims and a supporting intervention by Greenpeace Indonesia against three pulpwood plantation companies – PT Bumi Mekar Hijau, PT Bumi Andalas Permai, and PT Sebangun Bumi Andalas Wood Industries. The ruling is a setback in the fight for public health and a clean environment in South Sumatra.
The court’s decision to dismiss the lawsuit – apparently by finding that the plaintiffs lacked standing to sue – disregards the community’s fundamental right to a clean and healthy environment. It also severely curtails the public’s ability to seek justice.[1] The lawsuit, brought by the victims, was a legitimate exercise of their constitutional and legal rights, aiming to achieve accountability for their suffering from the recurring forest and land fires enabled by peatland drainage carried out by the plantation companies.”
The plaintiffs are members of the community who are clearly and directly impacted by the smoke haze resulting from peatland fires within the defendants’ concessions. They have endured both material and immaterial losses, and now they face this heartbreaking news,” said Belgis Habiba, Forest Campaigner for Greenpeace Indonesia. “Furthermore, the intervening plaintiff, Greenpeace Indonesia, also has the established right to demand the restoration of the environment damaged by the defendants’ peatland drying activities. The court appears to have ignored witness and expert testimonies, previous cases on environmental standing to sue, as well as the undeniable fact that the dangers of peatland fires and smoke haze continue to loom over South Sumatra.”
This ruling comes at a time of escalating peatland fire risks, with the South Sumatra Provincial Government having just declared an “Emergency Haze Alert” status. By dismissing this lawsuit, the panel of judges has ironically weakened the nation’s commitment to mitigating and tackling the annual fire and haze crisis.
The plaintiffs’ legal team has announced they will thoroughly review the full ruling, which has yet to be published, and are considering an appeal. “We believe that the people of South Sumatra have an undeniable right to clean and healthy air, and this must be tirelessly fought for,” said Ipan Widodo, representing the plaintiffs’ legal team. “If the panel of judges allows plantation companies responsible for producing haze to escape accountability, then the devastating impact of smoke haze will continue to haunt the residents of South Sumatra.”
In a display of disappointment, victims of the smoke haze and community members in South Sumatra held a flower-scattering protest in front of the Palembang District Court. Messages of “Justice for Haze Victims,” “Deepest Condolences for the Demise of Justice at Palembang District Court,” and “Palembang District Court Makes It Even Harder to Breathe” adorned the court building’s front fence. Dressed entirely in black, the protestors symbolized the denial of justice for the haze victims.
“Amidst the South Sumatra Provincial Government’s declaration of an emergency haze alert, this decision seems to contradict the commitment of law enforcement and the government in combating forest and peatland fires and smoke haze,” said Muhkamat Arif, one of the eleven plaintiffs. “Naturally, the judges’ decision is incredibly disappointing, but it will not diminish our spirit to keep fighting until we win.”
Referring to Supreme Court Circular Letter No. 1 of 2017, the panel of judges should have upheld a crucial principle of the judicial system: that substantive justice – which relates to the essence and purpose of law in realizing true justice for society – must take precedence over formal justice, which only adheres to procedural or technical rules in court proceedings. This case dismissal signals a crisis of judicial partiality regarding the right to a healthy environment in the midst of a climate emergency. Therefore, the South Sumatra Smoke Suit Initiative (Inisiasi Sumatera Selatan Penggugat Asap – ISSPA) urges the Supreme Court Supervisory Body and the Judicial Commission of the Republic of Indonesia to evaluate the handling of this lawsuit and increase scrutiny of similar rulings that could exacerbate the national ecological crisis.
Notes to editor
[1] The full text of the judgement has not yet been released by the court, but the respondent companies’ argument that the community lacked standing was apparently accepted, according to the brief note uploaded to the court website.
[2] PT Bumi Mekar Hijau, PT Bumi Andalas Permai, and PT Sebangun Bumi Andalas Wood Industries are listed as part of the APP Business Group in documents submitted during the company’s application to re-associate with the Forest Stewardship Council (FSC).
[3] Photos and videos from today’s action outside the court are available for media use.
Media Contacts
Belgis Habiba, Greenpeace Indonesia, +62 897 0005 629
Yolanda Pradinata, LBH Palembang, +62 821 7764 1251
Igor O’Neill, Greenpeace Indonesia – [email protected], +61 414 288 424
South Sumatra Smoke Suit Initiative (Inisiasi Sumatera Selatan Penggugat Asap – ISSPA):
Greenpeace Indonesia, Pantau Gambut, Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI), YLBHI-LBH Palembang, Indonesian Centre for Environmental Law (ICEL), Public Interest Lawyer Network (PIL-Net) Indonesia, Spora Institute, Perkumpulan Rawang, Perkumpulan Tanah Air, Dewan Pimpinan Wilayah Serikat Petani Indonesia Sumatera Selatan, Konsorsium Pembaruan Agraria (KPA) Wilayah Sumatera Selatan, Solidaritas Perempuan Palembang, Sarekat Hijau Indonesia Sumatera Selatan, Spektakel Klab, Kontra Visual, Diskomik, Himpunan Mahasiswa Pertanian Universitas Sriwijaya (Himasperta UNSRI), Aksi Kamisan Sriwijaya, Badan Eksekutif Mahasiswa Fakultas Hukum Universitas Sriwijaya (BEM FH UNSRI), Badan Eksekutif Mahasiswa Fakultas Ekonomi Universitas Sriwijaya (BEM FE UNSRI), Pergerakan Mahasiswa Islam Indonesia Universitas Islam Negeri Raden Fatah (PMII UIN Raden Fatah).
