Bad News for South Sumatra: Palembang District Court Rejects Smoke Haze Lawsuit from Dozens of Residents

Greenpeace Indonesia, July 4, 2025

Palembang, July 4, 2025 – The Palembang District Court’s decision to reject the lawsuit filed by dozens of victims of smoke haze, along with a third-party intervention suit from Greenpeace Indonesia against three timber companies – PT Bumi Mekar Hijau, PT Bumi Andalas Permai, and PT Sebangun Bumi Andalas Wood Industries[1] — marks a significant setback in the fight against ecological crimes in South Sumatra.

The ruling, declaring the lawsuit inadmissible (niet ontvankelijke verklaard), was posted on the e-Court website of the Palembang District Court on July 3, 2025. It disregards the community’s right to a clean and healthy environment and diminishes the avenues available for residents to seek justice. The lawsuit filed by the victims is a legitimate expression of citizens’ rights, guaranteed by Indonesia’s constitution and law, to hold accountable those responsible for the suffering caused by forest and land fires (known locally as “karhutla”).

“The plaintiffs are clearly affected by the smoke haze resulting from peatland fires linked to the defendants’ concessions. They have suffered both material and immaterial losses, and now they must contend with this distressing news. Also, the intervenor, Greenpeace Indonesia, has the right to demand restoration of the damaged environment caused by the defendants’ peatland drainage activities. The court appears to have ignored the testimonies of witnesses and experts, as well as the ongoing threat of peatland fires and smoke haze in South Sumatra,” said Belgis Habiba, Forest Campaigner for Greenpeace Indonesia.

This ruling comes amid increasing risks of forest fires, as the South Sumatra provincial government has recently declared a Smoke Emergency Alert. By rejecting this lawsuit, the judges have weakened the country’s commitment to mitigating and addressing the recurring smoke crisis each year.

The plaintiffs’ legal team announced plans to study the official decision, which has yet to be published, and will consider an appeal. “We believe that the people of South Sumatra have a right to clean and healthy air that must be fought for. As the panel of judges have allowed the plantation companies responsible for the smoke haze to evade accountability, the adverse effects of the haze will continue to haunt the residents of South Sumatra,” emphasized Ipan Widodo, representing the plaintiffs’ legal team.

In a show of disappointment, victims of the smoke haze and community members in South Sumatra held a wreathe-laying ceremony in front of the Palembang District Court. Messages reading “Justice for Smoke Haze Victims,” “Condolences for the Death of Justice at the Palembang District Court,” and “Palembang District Court Makes It Even Harder to Breathe” adorned the front of the courthouse. Dressed in black, the participants symbolized the death of justice for the smoke haze victims.

“Amid the declaration of a smoke emergency by the South Sumatra provincial government, the decision appears to conflict with the commitment of law enforcement authorities and the government to combat forest fires and smoke haze. While the judges’ decision is disappointing, it will not dampen our spirit to continue fighting until we prevail,” said Muhkamat Arif, one of the eleven plaintiffs.

Referring to Supreme Court Circular No. 1/2017, the judges’ decision should reflect an essential principle of the justice system: that substantive justice—related to the essence and purpose of law to achieve true justice for society—should take precedence over formal justice, which merely considers procedural or technical rules in legal proceedings. The inadmissibility ruling indicates a crisis of judicial bias against the right to a healthy environment in the middle of a climate emergency. For this reason, the South Sumatra Smoke Plaintiffs Initiative (ISSPA)[3] urges Indonesia’s Supreme Court Supervisory Agency and the Indonesian Judicial Commission to investigate how the lawsuit has been handled and to look into similar decisions that have the potential to exacerbate the country’s ecological crisis.

Editor’s Notes:

[1] PT Bumi Mekar Hijau, PT Bumi Andalas Permai, and PT Sebangun Bumi Andalas Wood Industries are listed in the APP Business Group documentation for their application to re-enter the Forest Stewardship Council (FSC) certification standards.

[2] Photos and videos can be downloaded at the following link: https://media.greenpeace.org/Detail/27MZIFJR8YT89

[3] South Sumatra Smoke Plaintiffs Initiative (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), Badan Eksekutif Mahasiswa Fakultas Ekonomi Universitas Sriwijaya (BEM FE UNSRI), Badan Eksekutif Mahasiswa Fakultas Ilmu Sosial dan Ilmu Politik Universitas Sriwijaya (BEM FISIP UNSRI), Pergerakan Mahasiswa Islam Indonesia Universitas

This article is based on https://www.greenpeace.org/indonesia/siaran-pers/63918/gugatan-kabut-asap-palembang-greenpeace-sinarmas-kebakaran-hutan/.

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