Author: Ine/ Editor: Rahmat Kartolo// Aswinnews-Tajam Berimbang dan Ter-Upadate
Jakarta-aswinnews.com-
A number of fishermen from Batam have officially filed a cassation appeal with the Supreme Court of the Republic of Indonesia regarding a class action lawsuit against the owner of the Iranian-flagged tanker, MT Arman 114, which is suspected of polluting the waters around Batuampar Beach, Batam, Riau Islands.
The appeal was filed through the legal team of the David S.G. Pella, S.H. & Partners Law Firm, following the Riau Islands High Court’s decision No. 80/PDT/2024/PT TPG dated February 6, 2025, which previously upheld the Batam District Court’s decision No. 91/Pdt.G/2024/PN Btm dated October 29, 2024.
In the cassation petition numbered 01/SPK-MA/DSGP-CA/II/2025, the applicants, consisting of eight Batam fishermen, argued that the first-instance and appellate courts had erred in interpreting the law and ignored evidence of the pollution impacts presented.
Reasons for the Appeal
The legal team cited at least four main reasons for the appeal, namely:
- Misinterpretation of environmental law – The previous court was deemed to have inappropriately applied the provisions of Law No. 32 of 2009 concerning Environmental Protection and Management.
- Ignoring pollution evidence – Scientific evidence from experts regarding ecosystem damage and its impact on fishermen was not carefully considered.
- Misapplication of the class action principle – The judge was deemed to have paid insufficient attention to the interests of the wider community affected by the pollution.
- Lack of an environmental restoration order – The decision only awarded limited compensation without requiring the defendant to undertake environmental rehabilitation. Petitioners’ Identity
The cassation petitioners are fishermen who depend on the sea around Batam for their daily livelihood. They are: Amirudin, Dedi, Supangat, Baharuddin, Rompin, Avis bin Boga, Rabu bin Jemain, and Amiruddin bin Atan.
They are suing the owner of the MT Arman 114 vessel (Respondent I) and the vessel’s captain, Mahmoud Mohamed Abdelaziz Mohamed Hatiba (Respondent II), who are allegedly responsible for the pollution of Batam’s waters.
Cassation Demands
Through this cassation, the fishermen are asking the Supreme Court to:
Annul the Batam District Court’s decision.
Order the defendant to rehabilitate the marine environment.
Provide adequate compensation to affected fishermen.
Require preventative measures to prevent recurrence of pollution.
“This case concerns the livelihoods of fishermen who depend entirely on marine sustainability. We believe the Supreme Court can deliver a fairer and more community-friendly decision,” said David S.G. Pella, the plaintiffs’ attorney, in his statement.
The Batam fishermen’s class action lawsuit against the MT Arman 114 tanker reflects a classic conflict between maritime industrial activities and the sustainability of the environment and the livelihoods of coastal communities. The editorial team believes this issue is important to address together, considering that the right to a clean and healthy environment is a constitutional right of citizens as guaranteed by the 1945 Constitution.
This is the first marine pollution case in Indonesia to be decided and the first class action against fishermen for pollution caused by a tanker conducting illegal transactions in Indonesia’s EEZ.
We hope the Supreme Court can provide a breakthrough to protect the biological resources and livelihoods of fishermen for the next 10-20 years, as Indonesia is a maritime nation and can also serve as a basis for jurisprudence in marine pollution cases,” added David Pella, attorney for the Batam fishermen.
Asewinnews.com Editorial Team
