Environmental and forestry expert witness Prof. Bambang Hero Saharjo sued for second time by palm oil company JJP
Bambang Hero Saharjo at the Sense About Science John Maddox prize ceremony in 2019 (photo: wikimedia commons)
Professor Bambang Hero Saharjo of Bogor Institute of Agriculture (IPB) is once again facing legal action for his role as an expert scientific witness in the case against PT Jatim Jaya Perkasa (JJP), an oil palm plantation company operating in Rokan Hilir, Riau, Indonesia, in the latest chapter of a years-long legal battle to secure justice and remedies for nature.
The company was prosecuted for the illegal burning of 1,000 hectares of peatland in an environmental criminal trial in 2015. The scientific evidence presented by Prof. Bambang – who was awarded the John Maddox Prize in 2019 for his role in defending science in the face of threats and intimidation - helped to secure a guilty verdict, and the court issued a custodial sentence to JJP executive Kosman Vitoni Immanuel Siboro and fined the company USD 64 thousand for negligence.
JJP was also found guilty in a parallel case brought in the civil court by the Indonesian Ministry of Environment and Forestry (KLHK), and was ordered to pay USD 1.8 million in compensation and environmental restoration. The company appealed against the ruling, yet instead the Jakarta High Court increased the severity of the sentence, ordering the company to pay material damages and the cost of restoring burnt peatlands of USD 31.4 million, plus USD 1,600 for every day late in carrying out the environmental restoration. The court also prohibited the company from replanting in the burnt area.
In retaliation, JJP filed a SLAPP suit (Strategic Lawsuit Against Public Participation) against Prof. Bambang for USD 32.6 million, claiming that the forest and land fire laboratory at IPB was not accredited. However, the company later withdrew the lawsuit.
This latest lawsuit against Prof. Bambang filed on 02/01/2024 ostensibly contests a technical discrepancy in the testimony regarding the stated number of burnt hectares, but effectively seeks to both silence and discredit Prof. Bambang, while also discouraging other experts from appearing in court and, crucially, delaying the implementation of the ordered remediation actions.
Speaking in 2018, Prof. Bambang spoke of the importance of standing ground against such action: "We must not be afraid to face the threat of a lawsuit like the one JJP has filed. The state must not be afraid and lose… The lawsuit is a form of terror and intimidation to experts so that they do not testify in court."
Despite the adoption of an anti-SLAPP provision in Indonesia’s environmental law in 2009, it continues to present an important obstacle to securing justice. Indeed, Prof. Bambang is not the only IPB expert to face such legal action in recent years: Environmental expert Basuki Wasis was sued by Nur Alam, the former governor of Southeast Sulawesi, at the Cibinong District Court. Nur Alam was convicted on corruption charges for granting of illegal exploratory mining business licence to PT Anugerah Harisma Barakah (AHB) for personal gain in 2018.
Raynaldo Sembiring, Executive Director of the Indonesian Center for Environmental Law (ICEL), part of the Conservation-Litigation.org network, urged the Ministry of Environment and Forestry (KLHK) to immediately execute the court ruling against JJP, which remains legally binding regardless of the countersuits.
The case highlights the cascading challenges presented by implementation delays – to date, JJP has yet to pay any of the ordered compensation and restoration payments. "This is actually the impact of the slow execution of court decisions,” stated Okto Yugo Setyo, Deputy Coordinator of Jikalahari, the Riau Forest Conservation Network. “Had the court decision been executed, there would have been no lawsuit against Bambang Hero.”
Maribel Rodriquez, co-founder of Conservation-Litigation.org which nominated Prof. Bambang for the Maddox Prize, added “This spurious lawsuit is an assault on science. Scientists like Professor Hero offer the expertise, authority and responsibility to help courts and the public understand and interpret technical evidence. Attempts to silence and intimidate them are an affront to all of us.”
More on this story (external sources)
Indonesian palm oil firm fined for fires sues expert a second time over testimony
(Mongabay)
Second environmental expert sued over testimony against palm oil firm
(Mongabay)
Scientist who takes on firms causing wildfires wins John Maddox prize (The Guardian)
Seminar by John Maddox prizewinner Professor Bambang Hero: "The role of scientific evidence in law enforcement for land & forest fire cases in Indonesia"
(Lancaster University)
KLHK Immediately Completes the Execution of Civil Verdict of PT Jatim Jaya Perkasa (JJP)
(Indonesian Ministry of Environment and Forestry, in Indonesian)
Indonesian court throws out lawsuit against green expert’s testimony
(Mongabay)