<![CDATA[Environmental disputes in Indonesia's coastal and marine areas have become increasingly complex due to the interaction of ecological, social, economic, and governance dimensions. While litigation remains an available legal mechanism, non-litigation environmental dispute resolution has gained greater attention because of its flexibility, participatory nature, and potential to facilitate environmental restoration. However, the effectiveness of non-litigation mechanisms remains influenced by various supporting and constraining factors that have not been comprehensively integrated into a single analytical framework, particularly in the context of coastal and marine environments. This study aims to analyze the factors influencing the effectiveness of non-litigation environmental dispute resolution in Indonesia's coastal and marine areas and to develop a preliminary conceptual framework for understanding their interrelationships. The research employs a normative legal approach with a conceptual research design, utilizing statutory, conceptual, and literature-based analytical approaches. Data were collected through an extensive review of legal documents, scientific literature, policy reports, and environmental governance studies relevant to environmental dispute resolution. The findings indicate that the effectiveness of non-litigation environmental dispute resolution is supported by institutional capacity, regulatory support, multi-stakeholder participation, social trust, scientific evidence, and environmental governance quality. Conversely, power asymmetry, institutional limitations, weak implementation of agreements, political and economic intervention, and low environmental legal literacy constitute major barriers to effective dispute resolution. Based on the synthesis of these factors, this study proposes a preliminary conceptual framework that integrates legal foundations, institutional capacity, stakeholder participation, scientific evidence, ADR process quality, and environmental restoration as key determinants of dispute resolution effectiveness. The study contributes to the development of environmental dispute resolution scholarship by offering an integrative conceptual perspective that may serve as a foundation for future empirical research and policy development in coastal and marine environmental governance.]]>
Copyrights © 2026
