The Brantas River Dead Fish Claims Reach the Mediation Stage


The Brantas River Dead Fish Claims Reach the Mediation Stage

The Brantas River Mass Dead Suit filed by the Ecological Observation and Wetlands Conservation (ECOTON) Foundation finally reached the Mediation stage. This mediation was carried out in Surabaya on April 9, 2019. After a while several rivers were postponed, because the Defendants did not complete the administration, namely Power of Attorney from their respective agencies namely the Minister of Environment and Forestry, Minister of Public Works and Public Housing and East Java Governor. In the mediation room of the Surabaya District Court, Jalan Arjuno was mediated with a calm and conducive atmosphere. ECOTON (Plaintiff) represented by Prigi Arisandi explained the reason why the lawsuit was filed. The following is a summary of mediations that resulted:

  1. The Plaintiff stated that the Brantas River belongs to the State and the Defendants are given the authority by the President in terms of protection and management.
  2. The Plaintiff stated that in the last 3 years it was in 2015-2018, especially in 2018 there were frequent occurrences of 3 dead rivers in a mass.
  3. The Plaintiff stated that the incident had been reported against Defendant I, namely the Ministry of Environment and Forestry, but there was no response desired by the Plaintiff.
  4. The Plaintiff stated that the cause of the mass dead fish event was because the river in the dry season had decreased water flow, but the discharge of industrial effluent wastewater remained the same both in the rainy and dry seasons. Industry in this case is mainly the paper industry which donates liquid waste.
  5. The Plaintiff regrets the authority of the Defendants, because every time there is a mass dead fish event, besides there is no serious handling to conduct an investigation, there is no information system regarding the notification to the public of the occurrence of mass dead fish.
  6. The plaintiff in the mediation requested the Defendants to form a Task Force Team that has the responsibility of monitoring and monitoring day and night on the Brantas River, installing water quality monitoring equipment on a regular basis (in real time) at each industrial outlet that disposes of wastewater on the Brantas River , establish an SOP if there is an event of mass dead fish and include the State expenditure budget (APBN) in the Brantas River water quality selection program in the 2020 State Budget.
  7. The Defendants from the Ministry of Environment and Forestry said that as the Main Defendant (T1) they have been patrolling the river on land and water every month, testing the quality of water every month, raising awareness of the community not to dispose of garbage to the Brantas River.
  8. Defendants 2 namely the Minister of Public Works and Public Housing with this lawsuit will plan activities involving the community.
  9. Defendant 3, namely the Governor of East Java, did not express his opinion because it had been represented by the East Java Environment Agency, in this case the East Java DLH was an agency assigned by Defendant 1 from the Ministry of Environment and Forestry.

That the results of mediation that have been carried out can be concluded that the Parties are willing to make peace by first studying the contents of the proposed mediation provided by the Plaintiff.

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