Indonesian government faces class action lawsuit over wildfire haze, accused of 'gross negligence'

Indigenous groups take President Prabowo and officials to court in Borneo as toxic smog shuts schools across region

By LineZotpaper
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The Indonesian government has been accused of 'gross negligence' in a class action lawsuit filed by indigenous and civil society groups over its handling of wildfires that have blanketed parts of Southeast Asia in toxic haze. The case, lodged in West Kalimantan, names President Prabowo Subianto and the provincial governor among 10 defendants, seeking comprehensive recovery measures including healthcare costs for affected residents.

The lawsuit, brought by four plaintiffs including a chapter of indigenous NGO AMAN and the local branch of Catholic Youth, was filed last month in the Indonesian part of Borneo. It seeks to hold the government accountable for wildfires that have caused widespread school closures and a spike in respiratory illnesses across the region.

None of those named in the lawsuit attended the opening day of court in Pontianak, West Kalimantan, on Wednesday. Judges adjourned the hearing until 21 October.

"We feel sad and regretful about their absence ... But on the other hand, we also understand that perhaps this haze condition caused them to be unable to land in Pontianak," the plaintiffs' lawyer, Glorio Sanen, told reporters. Sanen said the case was "a step to address the problem" of wildfires that flare up annually in Indonesia, often lit as a cheap way to clear land for oil palm planting.

The blazes have reached a crisis point this year due to an unusually intense El Nino weather phenomenon, which has created drier-than-usual conditions and sent smog to Malaysia, Brunei, Singapore and the Philippines. Schools in the Malaysian state of Johor, just north of Singapore, were to be closed on Thursday and Friday due to deteriorating air quality.

Yakobus Kumis, a plaintiff representing a Dayak ethnic group, expressed disappointment that government representatives did not attend the hearing, calling it a "way of the central government teaching the people that violating the law is OK." He said the government ignored warning signs before the fires broke out and called for the smoke crisis to be classified as a national disaster.

A similar lawsuit filed last year at a court in South Sumatra was dismissed. Indonesia, the world's largest producer of palm oil, has been accused of not doing enough to stop "slash and burn" land clearances, although the government has vowed a crackdown and deployed the military to fight the fires.

The presidential office did not immediately respond to a request for comment.

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Analysis

Why This Matters

  • The lawsuit directly challenges government accountability for annual wildfires that cause severe health and economic damage across Southeast Asia
  • If successful, it could set a legal precedent forcing Indonesia to implement stronger prevention and rehabilitation measures
  • The transboundary haze has escalated diplomatic tensions with neighbours, particularly Malaysia and Singapore

Background

Indonesia experiences annual wildfires during the dry season, with many deliberately lit to clear land for palm oil plantations. This year, an unusually strong El Nino has worsened conditions, creating a toxic haze that has affected millions across the region. The government has faced repeated criticism from environmental groups and neighbouring countries for failing to curb the burning, despite deploying military personnel to fight fires. Legal action seeking accountability has been rare and previously unsuccessful, with a similar case in South Sumatra dismissed.

Key Perspectives

Plaintiffs (indigenous groups and civil society): They argue the government has been grossly negligent in preventing and responding to the fires, failed to heed warning signs, and should be compelled to cover healthcare costs and implement comprehensive rehabilitation. Indonesian government: Not represented in court initially. The administration has publicly vowed to crack down on illegal burning and has deployed the military, but has not addressed the specific allegations in this case. Critics and neighbours: Malaysia, Singapore and other affected states bear the health and economic cost of cross-border smog. Critics say Indonesia's enforcement remains weak, with the fires recurring each year despite government promises.

What to Watch

  • Whether defendants attend the rescheduled hearing on 21 October
  • The court's ruling on whether to classify the crisis as a national disaster
  • Potential diplomatic fallout or coordinated regional response if haze conditions worsen

Sources

Zotpaper

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