Asian Court Views: Indonesia

Role of Judges on the Environmental Cases

After listening to various presentations and shared experiences among judges, and
other participants, then on behalf of the Indonesian delegation and the Indonesian
Courts, I am increasingly convinced the importance of the initial steps that we have
done in developing the Green-Bench in Indonesia.

The role of the courts in order to preserve the environmental functions and promote the
establishment of good governance in order to support sustainable development, and to
protect the interests of current generations and next generations, become much more
important, acknowledging that the actions that are not pro-environment or acts of
pollution and / or destruction of the environment moving faster than the development of
law itself.

The important role of the court who led the policy underlying the Supreme Court to
prepare the judges and court rules (court proceedings) that are in line with protecting
the capacity of ecosystems, sustainable development and good governance, are:

1) Conducting the program of certification for judges who will handle environmental
cases (certified judge);
(2) send a judge who has been certified to examine the case in the courts where there
are no certified judges (detasering judges or flying judges);
(3) Requiring the parties to conduct the mediation process before their case reviewed in
court;
(4) To encourage the judges to do “Judicial Activism” in the sentences that will produce
a number of initiatives that will be the steps of the Supreme Court.

The Constitution of the Republic of Indonesia has confirmed that in Indonesia only
recognize four types of judiciaries, therefore it is somewhat difficult for the Supreme
Court to develop a system of special courts to handle environmental issues, which
stand on their own.

However, learning from a variety of existing legislation which mandated the

establishment of special courts, such as the courts of anti corruption, the court of fishery
and the commercial court, which was under general court, the Supreme Court was
convinced that the set up of special court of environment can build under the general
court in that province.

Considering that the territory of Indonesia is wide area and the budgets required to
achieve this goal, this development must be comprehensively planned and gradually
implemented.

The importance of developing networks, at both regional and international level.

Listen to this presentation over the past two days I am increasingly convinced that the
issues of enforcement, especially for judges to have some similarities. Understanding of
international law and conventions need to be considered and developed to be applied in
the handling of cases at the local level (domestic) as well as interpretations of concepts
and theories are constantly evolving environment, become very important in this era of
globalization.

Judge Forum symposium, which was attended not only by judges but also academics,
environmental lawyers, activists, etc. has equipped participants with more illustrative
information which would lead the judges to improve the quality of the verdict.

Whenever I felt it was felt equally by the other participants, then I think forums like this
can be forwarded with the specific topic relevant to the development of environmental
law.

I often hear in a seminar or symposium, people say that we solve environmental

problems by talking and discussing, but for this forum I really do not agree, because this
forum is very rich in information and sharing experiences that give a new spirit for us
when it come back to the own countries.

I also saw that closer and intent cooperation is necessary to have judges of ASEAN
countries to jointly develop "green bench." The Indonesian Supreme Court have
sufficient training center that qualified to organize of the international meeting, therefore
we are ready to host if necessary the meeting of Chief Justices of ASEAN countries and
environmental judges in ASEAN countries, next year.

Thanks to the Supreme Court of the Republic of the Philippines, ADB, UNEP, USEPA,
WRI and AECEN who successfully facilitate this meeting.

And lastly, congratulation to all the participants, hopefully what we're talking about here
will be a strongly spirit for more attention to and protect our environment, not only for us
who live today but also for our grandchildren in generations to come.

Chief Justice Harifin A. Tumpa

The Supreme Court of Republic of Indonesia.