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All Journal INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER)
Yeni Santi
Universitas Terbuka, Indonesia
Religion Humanities Social Sciences

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CLIMATE CHANGE LITIGATION: COMPARATIVE PERSPECTIVES ON ENVIRONMENTAL JUSTICE ACROSS JURISDICTIONS Yeni Santi; Tubagus Angling Perdana
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 3 No. 2 (2025): INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER)
Publisher : Adisam Publisher

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Abstract

This study aims to analyze the development of climate change litigation from a comparative perspective, emphasizing how environmental justice principles are interpreted and applied across jurisdictions. Using a literature review, the study examines court decisions, legal frameworks, international instruments, and academic research addressing the role of litigation as a means of accountability in addressing the climate crisis. The study demonstrates that, despite differences in social, economic, and political contexts across countries, global climate change litigation demonstrates a trend of strengthening the position of civil society and vulnerable groups in demanding equitable environmental protection. A comparison across jurisdictions reveals that countries with robust environmental legal frameworks and responsive judicial systems are better able to utilize litigation as an effective tool to encourage commitments to climate mitigation and adaptation. Furthermore, the study finds that the concept of environmental justice is increasingly becoming a central focus in climate litigation, particularly regarding the protection of the rights of future generations, the equitable distribution of climate risks, and the responsibilities of states and corporations. This literature review confirms that climate change litigation functions not only as a legal mechanism but also as a social process that drives public policy transformation. Therefore, a comparative understanding across jurisdictions can provide important insights for strengthening global climate governance and more comprehensively protecting environmental justice.
LEGAL REFORM: APPLICATION OF PANCASILA VALUES AND UTILITARIANISM IN ACHIEVING JUSTICE Yeni Santi; Sarfika Datumula; Syaifullah MS
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 2 No. 4 (2025): INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER)
Publisher : Adisam Publisher

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Abstract

Legal reform is an effort to improve the existing legal system with the aim of realizing better justice for society. In the context of applying the values of Pancasila and utilitarianism, there is an interesting approach that can provide a comprehensive view of legal reform efforts. First of all, Pancasila values as the basis of the Indonesian state have moral principles that can be used as a basis for forming laws. Principles such as social justice, democracy and fair humanity can be a basis for formulating legal policies that prioritize the interests of society as a whole. Meanwhile, the utilitarianism approach which emphasizes the concept of as much happiness or well-being as possible for as many people as possible can also be an important consideration. in legal reform. By taking into account the impact of a legal policy on the welfare of society at large, the application of utilitarianism can help assess the effectiveness and justice of a legal regulation. This can be reflected in efforts to create legal policies that are not only based on moral values, but also take into account positive consequences for society as a whole. Thus, the application of Pancasila values and utilitarianism in legal reform can be a strong foundation in realizing better justice for all Indonesian society.
Co-Authors Sarfika Datumula Syaifullah MS Tubagus Angling Perdana