Special Environmental Court In Indonesia To Provide Ecological Justice And Uphold Environmental Ethics

Abstract

This research examines the urgency of establishing specialised environmental courts in Indonesia to improve environmental law enforcement and realise ecological justice. This research is based on theories of environmental justice, ecocentrism, and progressive legal approaches. These concepts form the basis for understanding the relationship between law enforcement and environmental protection, and emphasise the importance of a legal system oriented towards sustainability and ecological justice. This study uses normative legal research methods with statutory, conceptual, and comparative approaches. Data was collected through an in-depth review of relevant legal frameworks, judicial precedents, as well as case studies from various countries that have implemented specialised environmental courts. The results show that there are significant weaknesses in the public justice system in handling environmental cases. Several cases, such as the Lapindo mudflow disaster and forest fires, show judges' decisions that are less favourable to environmental sustainability. Comparative studies of specialised environmental courts in Australia, the Philippines and Kenya prove the effectiveness of these institutions in improving law enforcement and environmental protection. This research confirms that the establishment of an environmental court in Indonesia, accompanied by a training programme for judges and law enforcement officers, will improve judicial competence in resolving environmental disputes. Theoretically, this research contributes to the discussion of environmental justice and specialised justice. Practically, it provides insights for policy makers in designing a more effective environmental justice system. This research uncovers gaps in environmental law enforcement in Indonesia and compares it with environmental court practices in other countries. The study emphasises the importance of judicial specialisation to ensure the sustainability of environmental law for future generations.