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The Mount Mandalawangi landslide of January 28, 2003, devastated a community, resulting in 20 deaths, 32 serious injuries, and extensive material damage, including 165 homes. This tragic event highlighted the urgent need for legal reforms to protect victims' rights and the environment. A groundbreaking class action lawsuit has been filed by the National Corruption Monitoring Committee in collaboration with environmental organizations and legal experts. This case seeks accountability from forestry companies and government officials for negligence in forest management and aims to secure compensation and rehabilitation for the affected community.
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CLASS ACTION ON MOUNT MANDALAWANGI LANDSLIDE CASE A PROTECTIVE LEGAL REVOLUTION AND THE RIGHT TO BENEFIT FROM GOOD ENVIRONMENT
MASS VICTIMS OF MOUNT MANDALAWANGI LANDSLIDE (28 January, 2003) PEOPLE • Died (20) • Seriously injured (32) • Slightly injured(63) MATERIAL • Houses (165 unit) • Public and Social Facilities • Rice Paddies and fields
COSTLY PREPARATION AFTER THE LANDSLIDE VICTIMS ARE STILL MENTALLY UNSTABLE THEY ARE MENTALLY FOCUSED ON WHAT TO EAT, WHERE TO SLEEP, ETC.
CLASS ACTION ON MOUNT MANDALAWANGI LANDSLIDE CASE (Garut West Java Indonesia) • A PROTECTIVE LEGAL REVOLUTION AND THE RIGHT TO BENEFIT FROM GOOD ENVIRONMENT
NATIONAL CORRUPTION MONITORING COMMITTEE GATHERS LAWYERS TO FILE A LAWSUIT IN COLLABORATION WITH DKPLTS – WALHI- AND KLH (MINISTRY OF ENVIRONMENT)
SOSIALIZATION - PEOPLE’S RIGHT TO THE ENVIRONMENT - RIGHT TO FILE A CLASS ACTION KONSTAN DKPLTS WALHI
Rp • LANDSLIDE AS A NATURAL DISASTER • - EXTREME RAINFALL Rp Rp Rp • DEFENDANTS • INDONESIAN FORESTRY COMPANIES • MINISTER OF FORESTRY • WEST JAVA GOVERNOR • GARUT REGENT • YOU • ARE NEGLIGENT IN MANAGING FORESTS • CONVERT PROTECTED FORESTS INTO PRODUCTION FORESTS PLAINTIFF
LEGAL CONSTRAINTS • COMPULSORY ANNOUNCEMENT FOR THE PUBLIC (RELATIVELY EXPENSIVE) • CIVIL LAW EXCECUTION REGULATION (SUPREME COURT CIRCULAR NO.3 2001) REQUIRES BAIL IN ACCORDANCE WITH THE BAIL GRANTED IN THE VERDICT
PRECAUTIONARY PRINCIPLES LEGAL INNOVATION STRICT LIABILTY
VICTIMS’ /PLAINTIFFS’ LAWSUIT GRANTED BY COURT MATERIAL COMPENSATION AS MUCH AS RP. 10 BILLION ENVIRONMENT REHABILITATION AMOUNTING TO RP. 20 BILLION
BENEFITS FOR THE PEOPLE THEY CAN ENJOY THEIR SOCIO-ECONOMIC LIVES JUST LIKE BEFORE THE LANDSLIDE HAPPENED SAFETY OF THE PEOPLE LIVING AROUND MOUNT MANDALAWANGI IS GUARANTEED AS A RESULT OF ENVIRONMENT REHABILITATION
BENEFITS FOR THE PEOPLE THEY NOW KNOW ABOUT THEIR ENVIRONMENT RIGHTS; NOW PARTICIPATE IN PLANTING PROGRAM, REHABILITATION FOR FOREST RECOVERY, ETC.
IMPLICATIONS FOR FUTURE TRIALS STRICT LIABLITY PRECAUTIONARYPRINCIPLES APPLICABLEIN LAWSUITSOVER ENVIRONMENTAL DESTRUCTION OR POLLUTION