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All Journal Journal of Law, Environmental and Justice
Ikrimah , Afridah
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Environmental Science Law, Crime, Criminology & Criminal Justice

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Reducing Community Participation in the Preparation of Environmental Impact Assessments (EIA): Evidence from Indonesia Broto Laksito, FX Hastowo; Bawono , Aji; Ikrimah , Afridah
Journal of Law, Environmental and Justice Vol. 2 No. 2 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i2.101

Abstract

Globalisation compels nations to adapt to contemporary advancements, including enhancing economic growth through policies designed to attract investment from diverse foreign enterprises. Legal instruments should not be viewed solely as tools that cater to human interests; instead, they serve as mechanisms for community development to ensure the survival of humans, the environment, and other living organisms by the principles of sustainable development encompassing economic, social, and environmental considerations. This research examines favourable legislative restrictions in Indonesia that diminish community engagement in formulating Environmental Impact Assessments, potentially exacerbating environmental degradation. The findings indicate that modifications in regulatory standards within the Job Creation Law about the environmental sector, compared to the Environmental Protection and Management Law, have diminished the involvement of environmental observers in formulating Environmental Impact Assessments, now solely acknowledging affected communities. Members of the environmentalist community play a vital role in evaluating the implications of a company's actions, which is essential for preserving environmental sustainability and promoting sustainable development. The article's conclusion highlights policymakers' and lawmakers' need to comprehend the law's significance in attaining sustainable development objectives. The diminished role of community involvement in preparing Environmental Impact Assessments, which possess greater insight into potential environmental harm, signifies a deterioration in democracy in Indonesia.
Formal Requirements for Class Action Lawsuits in Environmental Cases in Indonesia: Problems and Solutions Kurniawan, Itok Dwi; Septiningsih, Ismawati; Handayani, Fitri; Ikrimah , Afridah
Journal of Law, Environmental and Justice Vol. 3 No. 1 (2025): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i1.114

Abstract

Class action lawsuits serve as a vital instrument in the enforcement of environmental law, particularly in advocating for the interests of affected communities. Although the regulation of class actions has been recognized in Indonesian legislation, such as Law Number 23 of 1997 in conjunction with Law Number 32 of 2009, as well as Supreme Court Regulation (PERMA) Number 1 of 2002, its implementation continues to face various legal and technical challenges. One of the main issues is the frequent rejection of environmental class action lawsuits by courts on the grounds of not meeting formal requirements. Therefore, the purpose of this paper is to identify procedural obstacles in the implementation of class actions and to provide policy recommendations to improve public access to environmental justice. This study employs a normative juridical method using a statutory approach. The findings indicate that PERMA Number 1 of 2002, as the legal basis for class action lawsuits, is no longer responsive to contemporary developments. To address this, two primary solutions are proposed: first, to elevate the status of PERMA to a law; and second, to establish environmental courts as a specialized forum for resolving environmental disputes. It can be concluded that a more comprehensive regulatory reconstruction and harmonization of norms within Indonesia’s civil judicial system for environmental matters is necessary to ensure the effectiveness of environmental protection through the class action mechanism.
Co-Authors Bawono , Aji Fitri Handayani FX Hastowo Broto Laksito ITOK DWI KURNIAWAN Septiningsih, Ismawati