ENVIRONMENTAL HUMAN RIGHTS PROTECTION THROUGH THE EXTENDED JURISDICTION OF HUMAN RIGHTS COURT INDONESIAN CASES

Romsan, Achmad and Kamaruddin, Hanim and Mohamed isa, Suzanna (2012) ENVIRONMENTAL HUMAN RIGHTS PROTECTION THROUGH THE EXTENDED JURISDICTION OF HUMAN RIGHTS COURT INDONESIAN CASES. In: Proceeding International Conference on Harmonizing Legal Princilpe Toward ASEAN Community. Universitas Airlangga Faculty of Law, Surabaya, pp. 1-14. ISBN 978-602-19895-3-1

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      Abstract

      The notion of environmental human rights derived from Principle 1 of the 1972 Stockholm Declaration has been adopted into domestic laws of many coutries. In Indonesia environmental human rights is a constitutional right guaranteed under Article 28 H of the 4th amendcment of the 1945 Constitution and is pr otected under Law of 2009 Law No. 32 on Environmental Protection and Environmental Management and Law of 1999 No. 39 on Human Rights. Many have written to ar gue that violation to environmental rights will also impair human rights and that cases may be submitted to Human Rights Court for adjudication. In Indonesia, environmental cases submission to Human Rights Court is seen to be impossible since they are inconsistent with the Law of 2000 No. 26 on Human Rights Court. Also, many verdicts of Hit District Courts reflect the hesitation of the judiciary in interpreting the people's environmental rights in Indonesia. Using the comparative approach, this paper will observe and analyse the possibility of extending the jurisdiction of Indonesian Human Rights Court to include environmental matters similar to that undertaken by the European Human Rights Court in handling environmental matters. This paper will offer suggestions on human rights mechanisms that should be consider ed in solving environmental conflict in Indonesia.

      Item Type: Book Section
      Uncontrolled Keywords: environmental rights, Indonesian Environmental Management Act, environmental declarations, Indonesian Human Rights Act, human rights conventions,European Human Rights Court, environmental cases
      Subjects: K Law > K Law (General)
      Divisions: UNSPECIFIED
      Depositing User: Dody Nopriansyah MbuL
      Date Deposited: 06 Jan 2017 11:42
      Last Modified: 06 Jan 2017 11:42
      URI: http://eprints.unsri.ac.id/id/eprint/6959

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