Aceh – Indonesia, Member of the Regional Representative Council (DPD) of the Republic of Indonesia from Aceh, H. Sudirman Haji Uma, S.Sos., M.Sos. affirmed his support for the community and civil society elements being sued both criminally and civilly by a company transporting and managing coal Fly Ash and Bottom Ash (FABA) waste in West Aceh Regency.
This support was conveyed. In his statement, Haji Uma emphasized that environmental defenders cannot be criminally prosecuted or civilly sued.
Haji Uma explained that this provision is not merely a proposal, but a binding legal rule, as stated in Article 66 of Law Number 32 of 2009 concerning Environmental Protection and Management.
The article explicitly states that anyone fighting for the right to a good and healthy environment cannot be criminally prosecuted or civilly sued. This provision is further clarified and reinforced through the Regulation of the Minister of Environment and Forestry Number 10 of 2024.
“The people of West Aceh who speak out, monitor, and reject FABA waste management practices that have the potential to pollute the environment are environmental defenders. They are protected by law. Any form of reports, threats, or legal proceedings directed at them are null and void by law and must be stopped immediately,” Haji Uma stated firmly.
Haji Uma considers any attempt to criminalize or sue members of the public fighting for the environment to be a prohibited form of retaliation. Such actions not only violate the law, but also damage the spirit of democracy and citizens’ constitutional rights to a good and healthy environment.
“We must not let the causes fought for by the people be criminalized instead, while practices that pollute the environment are left unchecked. That is an unacceptable reversal of legal logic,” said Haji Uma.
Haji Uma expressed his commitment to continue monitoring this issue through oversight mechanisms in the DPD RI, so that legal protection for environmental defenders in West Aceh can function properly in accordance with applicable regulations.
As is known, this case began when the community, students, and civil society in West Aceh expressed their opposition to the use of roads in educational areas as transportation routes for FABA, as well as the dumping of such materials in areas designated as educational zones under the Regional Spatial Plan (RTRW).
On May 2, 2026, members of the community and students staged a rejection rally at the location. Subsequently, dialogue efforts among the public, the company, and the West Aceh regency government were conducted, along with a General Hearing (RDP) held by the West Aceh DPRK.
However, following the hearing, the company, PT. Sumber Cipta Yoenanda, took legal action against the parties involved in the rejection. Legal reports were filed with the Aceh Regional Police for both civil and criminal claims.
The parties reported legally to the Aceh Regional Police include Ainal Mardiah (Keucik of Gampong Gunong Kleng), Jhony Howord (UTU Student and Chairman of NGO Wangsa), and Erdian Morny (Head of the Transportation Agency of West Aceh Regency).(rao)