Contesting Rights in Urban Development: A Case Study on Air Pollution in Greater Jakarta, Indonesia
Author: Wira Agung Swadana
Many people have stopped wearing masks because of the Covid-19 pandemic. The WHO Director-General has declared the end of the Covid-19 pandemic as a global public health emergency in early May 2023 (UN News, 2023). The Indonesian government has also announced that the use of masks will no longer be mandatory from June 2023 onwards (Aqil, 2023). However, in the Greater Jakarta area (i.e., Jakarta, Bogor, Depok, Tangerang, Tangerang Selatan, and Bekasi), the use of masks outdoors may not change much. After the end of the Covid-19 global emergency, people must bear another health burden, which is air pollution, the silent killer.
Air pollution in Greater Jakarta is not an old story, it even had happened before the Covid-19 pandemic. Air quality in the region in 2019 has surpassed the record set in 2018. On 29 July 2019, AirVisual considered Jakarta to have the worst air quality among other major cities in the world with a score of 188 (Mantalean & Maharani, 2019; Deutsche Welle, 2019). Since then, wearing masks, especially outdoors, has become a habit for some people living in the city. Since the start of the pandemic, the story has not changed much, even with reduced mobility during the pandemic restrictions in 2020-2022. The concentration of PM2.5 in Jakarta’s air did not change much between 2019 and 2020. In 2020, the PM2.5 concentration was 7.9 above the WHO standard (IQAir & WHO, cited in Jarot, 2021).
Following the lifting of mobility restrictions and the mandatory use of masks, urban mobility in the metropolitan area has increased, as evidenced by increasing economic growth in the second quarter of 2023 (Al Fajri, 2023). However, this situation does not translate into a positive outcome for the environment. The current air quality in the greater capital region of Indonesia is worse than it was before Covid-19 struck. On 9 August 2023, Jakarta topped the list of most polluted cities based on IQAir’s assessment, with the city registered as “unhealthy” with a score above 150 and its air quality more than 10 times above the WHO standard (Chen, 2023). Knowing the deteriorating air quality in Greater Jakarta, why have we, as humans, not been able to create a liveable environment for both nature and the people who live there? This article will analyse this urban situation using rights-based approaches, both the right to a healthy, clean, and sustainable environment and the right of nature. By contesting both rights in the urban development of nature in the case study of Greater Jakarta, the article will bring forward the discussion on the causes of the situation, the consequences and how to act on this issue.
The Right to a Healthy, Clean, and Sustainable Environment in the Greater Jakarta Region
On 8 October 2021, the United Nations Human Rights Council (OHCHR) marked a new milestone in human rights history. The Council recognised a new human right, the right to a clean, healthy, and sustainable environment. Citing remarks by the UN human rights chief, this step was taken to recognise the crises arising from environmental degradation and climate change that affect human well-being (UN News, 2021). Following this news, in July 2022, the UN General Assembly unanimously passed a resolution that the right to a clean, healthy, and sustainable environment is a human right for all (Gueye & de Meyer, 2022). It took more than seventy years for this right to be recognised in the UN system. However, the first part of this article illustrates a different condition for people living in Greater Jakarta. The Indonesian Constitution recognised the right to a healthy environment in its second amendment in 2000. Article 28H Paragraph 1 of the Constitution included the right to a good and healthy environment for everyone (Indonesian Constitution. Amend. IV). The Indonesian legal system is already more advanced in recognising this right than the international forum, the UN. Nevertheless, realising this right has become another challenge for people living in Indonesia, especially in the capital region.
Thirty-two ordinary citizens under the name ‘Koalisi Ibukota’ filed a lawsuit against the President, three ministries and some provincial governments of Greater Jakarta region at the Jakarta Pusat District Court in 2019. This civil lawsuit aimed to hold the central and provincial governments accountable for failing to protect the rights of Jakarta residents to safe and healthy air. After a series of mediations and discussions between all stakeholders, the court found the government liable on 16 September 2021 for its negligence in the poor air quality in the city and surrounding areas (Subono & Others v President of Indonesia & Others, 2021; Nathania & Fadhillah, 2021; Jong, 2021). However, the central government and two provincial governments, except Jakarta, decided to appeal the court’s decision. The central government argued that it had taken the necessary measures by issuing regulations on air quality standards at the national level and monitoring their implementation (Nugraheny, 2021). Even after the appeal, the court ruled that the government was liable and ordered the president and his ministers to take action to address the consequences of air pollution in the region (Putri, 2022). However, the situation has not changed much regardless of the cost people have to bear because of this situation.
The research conducted by Vital Strategies and the Environmental Agency of DKI Jakarta has revealed that air pollution is responsible for over 10,000 fatalities and 5,000 hospitalisations on an annual basis. Additionally, the adverse effects of air pollution have been observed in more than 7,000 children. The financial impact of this epidemic is staggering, surpassing USD 2.9 billion each year (Syuhada, et al. 2023). The central government along with relevant provincial governments have undermined people’s rights by their responses to Koalisi Ibukota‘s legal action despite the current findings on the harmful effects of air pollution. Furthermore, the government has infringed upon the right to livelihood of vulnerable individuals, particularly those employed in open-air areas, who predominantly hail from lower-middle socioeconomic backgrounds, such as street vendors (Rukmana & Ramadhani, 2021). It is apparent that the authorities have failed to swiftly address this predicament and implement necessary regulatory measures to quell public discontent.
The Right of Nature in the Greater Jakarta Area: Does it still exist?
In August 2023, The Ministry of Environment and Forestry issued a public statement identifying vehicle emissions and coal-fired power plants as the main air pollutants in the nation’s capital region. The pollution is significantly linked to six CFPPs across Banten, Jawa Barat and DKI Jakarta. The emission produces severe health risks, such as respiratory illnesses, premature births, low birthweights, reduced productivity, and shortened life expectancy (Fikriansyah, 2023; Myllyvirta, et al. 2023). Upon analysis of the primary sources of air pollution in Jakarta, it is evident that various human activities account for a significant proportion of these health hazards, some of which could be attributed to systemic insufficiencies in public services and information dissemination. The discussion centres around the question of nature’s rights in the Greater Jakarta area, while humans struggle to preserve the environment.
Jakarta and the surrounding regions have been developed into one of the largest urban areas in the world. Between 1972 and 2012, considerable efforts were made to redevelop forests, arid land, and paddy fields into urbanized spaces comprising settlements, industries, commercial services, and other constructs. Land conversion occurred rapidly during this period, triggered by Indonesia’s economic capitalisation. The Master Plan of Acceleration and Expansion of Indonesia’s Economic Development (MP3EI) for 2011-2015 designated Jakarta and its surroundings as the focal points for economic activity. However, it also posed a threat to Karawang, situated over 60 km away from Jakarta, as it would require the sacrifice of its food production area for industrialisation purposes. During the period of 1972-2012, more than 60% of forest zones vanished while built-up areas increased 31-fold (Rustiadi et al., 2015).
Due to a population increase of 133.24% in 2022 from 4.57 million in 1972 (Hidayat, 2023), the region has neglected the crucial task of preserving nature’s ability to exist, regenerate, and sustain its life cycle, in favour of anthropocentric economic development. This is evidenced by the marked increase in the number of motor vehicles in DKI Jakarta. According to the Statistic Bureau/BPS (2021), between 2019-2020, the number of motor vehicles almost doubled in Jakarta. During this period, the bus numbers reduced by nearly 90% whilst the number of motorbikes doubled. Additionally, the increasing number of CFPPs in the capital and its surroundings, with the oldest constructed in 1984, also adds to harmful environmental impacts particularly on the air quality (Santika, 2023).
The ecosystem of Greater Jakarta is under threat as the authorities have failed to acknowledge its entitlements. The legal concept of the rights of nature offers ecosystems and species equal legal standing to that of individuals and corporations. Such a framework presents a valuable tool for ensuring environmental protection and reducing harm caused by human activities. In practice, this would result in legal recognition for the ecosystems and species, providing them with legal capacity for growth, regeneration, and durability (IPBES, 2018). Recognizing the significance of these rights, individuals in Greater Jakarta or any relevant parties may hold accountable those who harm air quality due to their inaction. Furthermore, they will strive to shift from the current economic and anthropocentric development model to a green economy development model. However, as air quality in Greater Jakarta cannot represent itself or be legally represented by any parties in Indonesia, nature faces a significant challenge in repairing the situation and surviving healthily under current circumstances. The situation may worsen with a growing population in Greater Jakarta and limited actions taken by law enforcers and regulators to preserve the quality of nature there.
On Air Pollution: Anthropocentric or Ecological Rights in the Urban Area of Greater Jakarta?
The aforementioned sections of this article have demonstrated that there exist no anthropocentric or ecological rights in Greater Jakarta. The destruction caused by humans in the region has resulted in the violation of both rights, attributable to governments’ inability to implement cleaner energy and sustainable mobility provisions. Air pollution has detrimental effects on both public health and the environment, yet influential stakeholders – primarily the government – have failed to implement tighter legal measures, even in the wake of Koalisi Ibukota‘s charges. The government must demonstrate greater commitment to shifting its developmental focus from pure economic growth to a balanced approach that considers human and environmental well-being. By recognising the right to a healthy environment, governments can no longer cite anthropogenic factors as justification for harming the population of Greater Jakarta, thereby diminishing their living standards and means of subsistence. Conversely, by upholding the rights of nature, governments will face greater scrutiny regarding economic initiatives that might adversely affect the environment, such as air quality. The article argues that currently, no anthropocentric or ecological rights are being granted. To create a significant improvement of air quality, it is suggested that the government starts to grant those rights, especially the currently acknowledged right to a healthy environment. This would create a balance between, and realization of, both rights and provide a model for a green economy.
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