Professional Documents
Culture Documents
Takdir Rahmadi - Institutionalizing Green Judges and Green Rules of Procedure - Indonesian Efforts
Takdir Rahmadi - Institutionalizing Green Judges and Green Rules of Procedure - Indonesian Efforts
AND GREEN RULES OF PROCEDURE:
INDONESIAN EFFORTS
TAKDIR RAHMADI
JUSTICE/A MEMBER OF THE WORKING
GROUP OF THE CAPACITY BUILDING OF
JUDGES IN ENVIRONMENTAL LAW
WHY DO WE NEED GREENING THE
BENCH
• THE COURTS/JUDGES ALSO HAVE THE ROLE AND
RESPONSIBILITY TO PROTECT THE ENVIRONMENT
THROUGH THEIR DECISIONS.
• ENVIRONMENTAL LAW IS A RELATIVELY NEW AND
COMPLEX FIELD OF LAW : elements of torts, criminal
law, administrative law, technical instruments:
environmental impact assessment, licenses,
environmental standards, relying on scientific
evidence.
• STRENGTHENING AND IMPROVING THE PREVIOUS
(1998‐2005) ENVIRONMENTAL LAW TRAINING
PROGRAM.
MANDALAWANGI CASE (2003)
• 8 VILLAGERS OF MANDALAWANGI SUBDISTRICT (CLASS
REPRESENTATIVES) VS. THE MINISTRY OF FORESTRY AND THE STATE‐
OWNED FOREST COMPANY (A CLASS ACTION FILED IN THE DISTRICT OF
BANDUNG).
• PLAINTIFFS ( 8 VILLAGERS): THE CHANGE OF ALLOCATION OF THE FOREST
AREA IN MADALAWANGI, FROM THE PROTECTED FOREST TO THE
PRODUCTION FOREST CAUSES DEFORESTATION AND IN TURN CAUSES
LANDSLIDE AND FLOOD TO THE VILLAGE.
• THE JUDGES RESOLVES THE MAIN ISSUE: LACK OF SCIENTIFIC
INFORMATION ON WHAT ACTUALLY CAUSED LAND SLIDE AND FLOOD,
WHETHER THE HIGH RATE OF RAIN FALL OR DEFORESTATION, BY
APLLYING THE PRECAUTIONARY PRINCIPLE AND STRICT LIABILITY,
AWARDS COMPENSATION TO THE PLAINTIFF OR REHABILATION OF THE
FOREST AREA.
• THE COURT OF APPEAL OF BANDUNG CONFIRMS AND THE SUPREME
COURT ALSO CONFIRMS THE DISTRICT COURT OF BANDUNG.
CONTINUED
• ENVIRONMENTAL ISSUES BECOME
INTERNATIONAL COMMUNITY’S CONCERNS:
MANY INTERNATIONAL ENVIRONMENTAL
CONVENTIONS AND DECLARATIONS MAY
NEED TO BE TAKEN INTO ACCOUNT IN
HEARING ENVIRONMENTAL CASES BEFORE
DOMESTIC COURTS.
IN LINE WITH IDEA OF CREATING
CHAMBER SYSTEM IN COURTS
• JUDGES: GENERALISTS, ASSUMED TO
UNDERSTAND ALL LAWS PASSED BY THE
GOVERNMENT/THE HOUSE, BUT THEY NEED
TO HAVE SOME KIND OF SPECIALITY IN A
CERTAIN FIELD OF LAW.
• IN LINE WITH THE NOTION OF CONTINUING
EDUCATION FOR JUDGES: the role of training
center.
• JUDGES HEAR CASES IN ACCORDANCE WITH
THEIR SPECIALITY: TO IMPROVE QUALITY OF
JUDGES’ DECISIONS.
THE PROGRAM OF GREENING THE
BENCH
• THE INDONESIAN MINISTRY OF THE
ENVIRONMENT TOOK INITIATIVE AND THE
INDONESIAN SUPREME COURT RESPONDED IT
WELL AS IT IS ACCORDANCE WITH WITH THE
IDEA CONTINUING EDUCATION FOR JUDGES AND
THE PROGRAMS FOR CERTIFIED JUDGES IN
CERTAIN FIELDS OF LAWS.
• THE MoU RESPECTS INDEPENDENCY,
IMPARTIALITY AND INTEGRITY OF THE
COURTS/JUDGES IN HEARING ENVIRONMENTAL
CASES.
THE STEPS TAKEN BY THE SUPREME
COURT
• CHIEF JUSTICE ESTABLISHED A WORKING
GROUP FOR DESIGNING THE CAPACITY
BUILDING OF JUDGES IN HANDLING/HEARING
ENVIRONMENTAL CASES.
• THE WORKING GROUP CONSISTS OF TWO
DEPUTIES CHIEF JUSTICES, A JUSTICE, A JUDGE
AT COURT OF APPEAL AND JUDGES AT FIRST
INSTANCES, OFFFICIALS OF THE MINISTRY OF
THE ENVIRONMENT, NGOS ACTIVISTS (ICEL).
THE MAIN TASKS OF THE WORKING
GROUP
• PROPOSING METHODS OF ENHANCING THE CAPACITY OF JUDGES
IN ENVIRONMENTAL LAW : “certification” “special chambers” .
• DESIGNING THE TRAINING PROGRAMS FOR JUDGES AND TRAINING
MATERIALS: methods of recruitment of trainees, standards of
competency, preparing training materials.
• PREPARING THE GUIDELINES FOR HANDLING/HEARING
ENVIRONMENTAL CASES: CIVIL CASES, CRIMINAL CASES AND
ADMINISTRATIVE CASES.
• DESIGNING SYSTEM OF EVALUATION: the capacity of individual
judges, their decisions, and evaluation of the greening bench
program as a whole.
• TIME FRAME: DECEMBER 2010: The WG submit the Report to Chief
Justice.
• THANK YOU