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CLASS ACTION ON MOUNT MANDALAWANGI LANDSLIDE CASE

CLASS ACTION ON MOUNT MANDALAWANGI LANDSLIDE CASE. A PROTECTIVE LEGAL REVOLUTION AND THE RIGHT TO BENEFIT FROM GOOD ENVIRONMENT. MASS VICTIMS OF MOUNT MANDALAWANGI LANDSLIDE (28 January, 2003). PEOPLE Died (20) Seriously injured (32) Slightly injured(63 ). MATERIAL Houses (165 unit)

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CLASS ACTION ON MOUNT MANDALAWANGI LANDSLIDE CASE

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  1. CLASS ACTION ON MOUNT MANDALAWANGI LANDSLIDE CASE A PROTECTIVE LEGAL REVOLUTION AND THE RIGHT TO BENEFIT FROM GOOD ENVIRONMENT

  2. MASS VICTIMS OF MOUNT MANDALAWANGI LANDSLIDE (28 January, 2003) PEOPLE • Died (20) • Seriously injured (32) • Slightly injured(63) MATERIAL • Houses (165 unit) • Public and Social Facilities • Rice Paddies and fields

  3. COSTLY PREPARATION AFTER THE LANDSLIDE VICTIMS ARE STILL MENTALLY UNSTABLE THEY ARE MENTALLY FOCUSED ON WHAT TO EAT, WHERE TO SLEEP, ETC.

  4. CLASS ACTION ON MOUNT MANDALAWANGI LANDSLIDE CASE (Garut West Java Indonesia) • A PROTECTIVE LEGAL REVOLUTION AND THE RIGHT TO BENEFIT FROM GOOD ENVIRONMENT

  5. NATIONAL CORRUPTION MONITORING COMMITTEE GATHERS LAWYERS TO FILE A LAWSUIT IN COLLABORATION WITH DKPLTS – WALHI- AND KLH (MINISTRY OF ENVIRONMENT)

  6. SOSIALIZATION - PEOPLE’S RIGHT TO THE ENVIRONMENT - RIGHT TO FILE A CLASS ACTION KONSTAN DKPLTS WALHI

  7. Rp • LANDSLIDE AS A NATURAL DISASTER • - EXTREME RAINFALL Rp Rp Rp • DEFENDANTS • INDONESIAN FORESTRY COMPANIES • MINISTER OF FORESTRY • WEST JAVA GOVERNOR • GARUT REGENT • YOU • ARE NEGLIGENT IN MANAGING FORESTS • CONVERT PROTECTED FORESTS INTO PRODUCTION FORESTS PLAINTIFF

  8. LEGAL CONSTRAINTS • COMPULSORY ANNOUNCEMENT FOR THE PUBLIC (RELATIVELY EXPENSIVE) • CIVIL LAW EXCECUTION REGULATION (SUPREME COURT CIRCULAR NO.3 2001) REQUIRES BAIL IN ACCORDANCE WITH THE BAIL GRANTED IN THE VERDICT

  9. PRECAUTIONARY PRINCIPLES LEGAL INNOVATION STRICT LIABILTY

  10. VICTIMS’ /PLAINTIFFS’ LAWSUIT GRANTED BY COURT MATERIAL COMPENSATION AS MUCH AS RP. 10 BILLION ENVIRONMENT REHABILITATION AMOUNTING TO RP. 20 BILLION

  11. BENEFITS FOR THE PEOPLE THEY CAN ENJOY THEIR SOCIO-ECONOMIC LIVES JUST LIKE BEFORE THE LANDSLIDE HAPPENED SAFETY OF THE PEOPLE LIVING AROUND MOUNT MANDALAWANGI IS GUARANTEED AS A RESULT OF ENVIRONMENT REHABILITATION

  12. BENEFITS FOR THE PEOPLE THEY NOW KNOW ABOUT THEIR ENVIRONMENT RIGHTS; NOW PARTICIPATE IN PLANTING PROGRAM, REHABILITATION FOR FOREST RECOVERY, ETC.

  13. IMPLICATIONS FOR FUTURE TRIALS STRICT LIABLITY PRECAUTIONARYPRINCIPLES APPLICABLEIN LAWSUITSOVER ENVIRONMENTAL DESTRUCTION OR POLLUTION

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