ENVIRONMENTAL CONFLICT RESOLUTION UNDER INDONESIAN ENVIRONMENTAL MANAGEMENT ACTS: A LEGAL REVIEW.

Romsan, Achmad and Kamaruddin, Hanim and Mohammed Isa, Suzanna (2011) ENVIRONMENTAL CONFLICT RESOLUTION UNDER INDONESIAN ENVIRONMENTAL MANAGEMENT ACTS: A LEGAL REVIEW. In: Transformation of Mechanism and Law of Dispute Resolution. Faculty of Law Universiti Kebangsaan Malaysia, Malaysia, pp. 226-237. ISBN 978-967-5920-05-9

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      Abstract

      Between 1982 up to 2009 the Government of Indonesian had replaced the conteJ of the EMAs several times, however the provisions in relations to conflict settlement! by using litigation and non-litigation have been expressly provided for in the second 8 EMA of 1997 and the third EMA of 2009. The District Courts are the main judicial mechanism commonly used as alternative for conflict resolution. The political? dominance makes the Courts are helpless in maintaining its independence. As a result 3 many judicial verdicts are not keen in interpreting the people's environmental rights * in Indonesia. Hence, for environmental litigation cases, the utilization of mechanism 1 outside the court room is encouraged even if there are some disadvantages and f weaknesses in exercising such practice. The objectives of this paper will firstly analyze the effectiveness of the existing conflict resolution mechanisms as regulated f by the EMAs in relation to environmental cases in Indonesia. Secondly, reviewing! to the 2004 Law No. 4 on the Judicial Power [Kekuasaan Kehakiman) is to seek the! establishment of Environmental Court as a possible new instrument to address environmental conflicts. Thirdly, in view of that, this paper will review practices of the environmental courts in many countries in respond to the environmental rights protection. Mostly data collected from the primary data, such as legislation, and regulations, the judicial verdicts and secondary data obtained journals on line. ThJ writing is critical and analytical. Hence, this paper finds that the District Court is not! a sole mechanism that may solve environmental conflict in Indonesia and that a ne%J environmental judicial mechanism can be established to address issues pertaining to J environmental conflicts.

      Item Type: Book Section
      Uncontrolled Keywords: ENVIRONMENTAL CONFLICT RESOLUTION UNDER INDONESIAN ENVIRONMENTAL MANAGEMENT ACTS: A LEGAL REVIEW.
      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/6961

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