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Climate Justice: Challenges and Future Strategies for Courts on Climate Change in Indonesia Nikmah Fitriah; Indriati Amarini
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24776

Abstract

Climate change has become a global phenomenon characterized by an increase in the earth's average temperature, which is largely caused by human activities. The use of Litigation to resolve climate change issues has more than doubled since 2017 and is still growing. This research aims to explore the challenges and strategies in mainstreaming climate justice in Indonesia through climate change courts. With a doctrinal approach, this research will examine primary legal sources, such as legislation, jurisprudence, and international documents, as well as secondary sources, such as academic literature and organizational reports, to produce evidence-based recommendations for the development of a legal framework for climate justice in Indonesia. The research results show that climate change makes courts an important player in multi-level climate governance, therefore courts must have climate sensitivity and awareness. There is a need for specific material and procedural laws regarding climate and the need to develop the knowledge and skills of judges.
Reconceptualizing Digital Governance and Social Justice: Legal Implications of Algorithmic Decision-Making in Emerging Democratic Societies Satriya Nugraha; Retno Saraswati; Nikmah Fitriah
Discourse Journal on Law and Society Vol. 1 No. 2 (2025): May: Discourse on Law and Society
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/djls.v1i2.149

Abstract

The rapid adoption of algorithmic systems in public governance has transformed decision-making and service delivery, offering promises of efficiency and transparency. Yet, these technologies raise pressing concerns regarding fairness, bias, and social justice. This study investigates the intersection of digital governance, algorithmic decision-making, and social justice, with particular emphasis on emerging democracies. Employing a qualitative socio-legal approach, the research combines normative analysis of governance regulations, case studies of algorithmic applications in public administration, and interviews with policymakers and technology law experts. Comparative analysis across emerging democracies highlights diverse strategies for addressing equity concerns in algorithmic systems. Findings reveal that while algorithmic systems enhance efficiency, they often reinforce existing inequalities due to insufficient safeguards against bias and discrimination. Moreover, regulatory frameworks remain fragmented and inadequate to ensure fairness and accountability. The study proposes the development of adaptive legal frameworks that integrate transparency, accountability, and citizen engagement into AI governance. By embedding social justice principles into algorithmic regulation, governments can foster inclusive policy design and equitable outcomes. This research contributes to ongoing debates on balancing technological innovation with democratic values, emphasizing the need for governance models that prioritize fairness alongside efficiency.