Environmental Court is Necessary

Rimba Supriyatna, Mahinda Arkyasa

Due to the complicated nature of environmental disputes and a general lack of legal framework on environmental dispute settlement, several parties agreed that it is time for the Government to establish a judicial system dedicated to resolving environmental crimes and disputes.

Abetnego Tarigan, Executive Director of Friends of Earth Indonesia, explained to hukumonline in a press conference on 2013 Environmental Outlook, Jakarta, Wednesday (16/1) that the country’s policymakers “must possess a strong political will to promote environmental awareness, which can be displayed by establishing an environmental court.”

He also hoped that the presence of an environmental court will improve environmental policymaking.

Daud Silalahi, law professor at the Universitas Padjadjaran, confirmed that an environmental court may provide a sense of justice for the people, especially on environment-related issues.  

An environmental court, the professor continued to explain, must be competent to handle complicated environmental crimes and disputes.

Daud elaborated that environmental crimes and disputes cannot be settled and resolved properly in a conventional court (private or criminal). It is due the lack of knowledge of the court officials regarding environmental issues.

The plan to establish a court specializing in environmental crimes and disputes has been around since 2000. However, the Government seems to be more focused on corruption and tax issues instead of environmental matters.

He urged the Government to take concrete action or “the establishment of an environmental court will remain as a discourse.”

Meanwhile, M. Yamin, law professor at Universitas Sumatera Utara, stated that an environmental court is needed to address the disparity between the ideal environmental management mandated by the 1945 Constitution and its real practice, which is often neglected due to political and economic interests.

(jt)

Rimba Supriyatna, Mahinda Arkyasa

Due to the complicated nature of environmental disputes and a general lack of legal framework on environmental dispute settlement, several parties agreed that it is time for the Government to establish a judicial system dedicated to resolving environmental crimes and disputes.

Abetnego Tarigan, Executive Director of Friends of Earth Indonesia, explained to hukumonline in a press conference on 2013 Environmental Outlook, Jakarta, Wednesday (16/1) that the country’s policymakers “must possess a strong political will to promote environmental awareness, which can be displayed by establishing an environmental court.”

He also hoped that the presence of an environmental court will improve environmental policymaking.

Daud Silalahi, law professor at the Universitas Padjadjaran, confirmed that an environmental court may provide a sense of justice for the people, especially on environment-related issues.  

An environmental court, the professor continued to explain, must be competent to handle complicated environmental crimes and disputes.

Daud elaborated that environmental crimes and disputes cannot be settled and resolved properly in a conventional court (private or criminal). It is due the lack of knowledge of the court officials regarding environmental issues.

The plan to establish a court specializing in environmental crimes and disputes has been around since 2000. However, the Government seems to be more focused on corruption and tax issues instead of environmental matters.

He urged the Government to take concrete action or “the establishment of an environmental court will remain as a discourse.”

Meanwhile, M. Yamin, law professor at Universitas Sumatera Utara, stated that an environmental court is needed to address the disparity between the ideal environmental management mandated by the 1945 Constitution and its real practice, which is often neglected due to political and economic interests.

(jt)

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