Environmental Dispute Resolution in Indonesia by David Nicholson

By David Nicholson

Within the final 20 years, Indonesia has noticeable a dramatic proliferation of environmental disputes in a number of sectors, caused by way of intensified deforestation and big scale mining operations within the source wealthy outer islands, including speedy industrialisation within the densely populated internal island of Java. while the emergence of environmental disputes has occasionally attracted political repression, makes an attempt have additionally been made lately to discover extra sensible ways to their answer. The Environmental administration Act of 1997 created a criminal framework for the answer of environmental disputes via either litigation and mediation. This publication is the 1st try to examine the implementation of this framework intimately and to evaluate the effectiveness of litigation and mediation in resolving environmental disputes in Indonesia. It incorporates a unique evaluation of the environmental felony framework and its interpretation by way of Indonesian courts in landmark proceedings. The publication contains a variety of certain case experiences of either environmental litigation and mediation and considers the felony and non-legal components that experience motivated the luck of those methods to resolving environmental disputes.

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Satisfactory implementation of this agreement is essential to the success of the mediation process as a whole. Consequently, the issue of implementation should be addressed early on in the mediation process and mediation should only be attempted where implementation will be possible. Where a government agency or other third party will be responsible for monitoring or 34 Environmental dispute resolution in Indonesia implementation of an agreement, such party should ideally participate in the mediation process as a stakeholder.

In America, judicial behaviouralists, such as Glendon Schubert, endeavoured to quantitatively analyse the correlation between empirically ascertainable elements of a judge’s background, including age, sex, race, social-economic class, attitudes and values, with actual pattern of judicial decision-making (Schubert 1975:347). Other critics, however, have criticized the ‘psychologising’ of judicial behaviouralism as both over-simplistic and unconvincing, in part due to the looseness of the concept of ‘attitude’, which theorists have sought to correlate with judicial behaviour (Cotterrell 1992:219; Tomasic 1985:81).

Whilst the judiciary helps maintain the stability of the social and political order by providing legal frameworks and legal legitimacy for government and government acts, it also strives to preserve the integrity of the legal order itself. This is achieved by both upholding professional standards of doctrinal rationalization and judicial impartiality, and meeting the wider demands of justice, part of which relates to the effective administration of the ‘dispute resolution’ function of courts (Cotterrell 1992:234).

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