REALIZATION OF JUSTICE FOR THE RIGHT TO SUE

ENVIRONMENTAL ORGANIZATIONS FROM PERSPECTIVE OF

LEGAL PHILOSOPHY

Malik Al Asytar
Pasca Sarjana Universitas Muhammadiyah Sumatera Utara
malikalasytar01@gmail.com

Abstract

The environment encompasses the area where living beings coexist with living and non-
living entities. The presence of the environment is of great significance to human life.
Indonesia is endowed with rich biodiversity and abundant natural resources. This
abundance needs to be preserved and managed through a comprehensive and integrated
environmental protection and management system, covering marine, terrestrial, and aerial
environments. Based on this description, the philosophy of law in justice pays attention to all
aspects related to the terminology of justice and the philosophy of law as this is fundamental
in environmental law efforts to ensure the sustainability of the human environment in
accordance with the objectives of environmental law itself. Environmental organizations refer
to an entity or institution established to engage in activities and efforts to preserve, nurture,
and improve the natural environment. Philosophical concepts play a crucial role in shaping
the Environmental Protection and Management Act (PPLH LAW), by introducing principles
of human rights and national economic development, each directly integrated into the 1945
Constitution. In this study, the author uses a type of normative legal research or literature
law research method, namely the method or examining existing legal materials. The results
of this study show that legal philosophy bases law as something that must have been
agreed upon by society and must be obeyed by everyone. Therefore, the right to sue
environmental organizations is a mechanism to fight for environmental law..

Keywords: Environment, Philosophy of Law, Claim Rights

Introduction

The right to file a lawsuit by environmental organizations is one of the dispute resolution
mechanisms in the context of environmental issues. Lawsuits filed by environmental
organizations are often referred to as 'legal standing lawsuits.' In the definition taken from
Black's Law Dictionary, legal standing lawsuit refers to a party's right to file a legal claim or
seek judicial enforcement of a duty or right. In other words, “legal standing” determines
whether individuals involved in a case are eligible, according to the applicable law, to bring a
case to court in situations governed by the law. The embodiment of the right to file a lawsuit
by environmental organizations can be viewed from the perspective of legal philosophy. The
word philosophy originates from the Greek language, which is “philosophia”. “Philo” or
“philein” means love, and “sophia” means wisdom. The combination of these two words
means the love of wisdom. Philosophy is an attempt to study and express the portrayal of
humanity in its journey from this world to the hereafter fundamentally. Legal philosophy
accommodates the development of legal philosophy. Satjipto Rahardjo, a legal expert,
believes that legal philosophy studies fundamental questions about the law. Questions about
the nature of the law, the basis for the binding force of the law, are examples of such
fundamental questions. Based on this, legal philosophy can work on legal material, but each
approaches it from a completely different perspective. Positive law deals only with a
particular legal system and questions the logical consistency of its principles, rules, fields,
and legal systems. The philosophical foundation is considerations or reasons that describe
that the regulations formed take into account the worldview, consciousness, and legal ideals
that encompass the spiritual atmosphere and the philosophy of the Indonesian nation,
sourced from Pancasila and the 1945 Constitution. The philosophical foundation is the
philosophical basis that forms the foundation for aspirations when translating them into a
draft of legal regulations. Pancasila is the philosophical foundation of the Indonesian state,
and, in principle, no legal regulation is valid if it contradicts Pancasila as the philosophy and
foundation of the Indonesian state. A philosophical examination of legal regulations is crucial
to provide a sound basis for legislation. Philosophical thinking influences the formation of the
Environmental Law with its principles of human rights and national economic development,
each of which is directly regulated in the 1945 Constitution.

Result

The existence of the environment is of utmost importance for human life. The environment
constitutes a spatial unity in which various elements are interconnected or interdependent,
whether it's nature with humans or other living creatures. When environmental damage
occurs, it also disrupts human life. Indonesia is particularly vulnerable to the impacts of
climate change, including a decrease in food production, disruptions in water availability, the
spread of pests and diseases affecting plants and humans, rising sea levels, the
submergence of small islands, and the loss of biodiversity. The availability of natural
resources, both in terms of quantity and quality, is uneven, while development activities
require an ever-increasing amount of natural resources. Development activities also carry
the risk of environmental pollution and damage. This situation can lead to a decrease in the
carrying capacity, resilience, and productivity of the environment. The condition of
environmental damage due to extensive human exploitation needs to find a balance
between the environment and humanity. Therefore, regulations need to be established in
accordance with the legal objectives proposed by Gustav Radbruch, which are certainty,
justice, and utility. To resolve cases in the field of environmental protection, a pillar of justice
is required as one of the legal objectives. The Theory of Ethics put forth by Aristotle holds
that the law is solely aimed at achieving justice by granting to every individual or community
that which is rightfully theirs. The standard is both numerical and proportional. In numerical
equality, every person is equal in one unit, for example, all individuals are equal before the
law. In proportional equality, individuals receive that which is their right according to their
own ability and achievement. Aristotle also divides justice into distributive justice and
corrective justice. Distributive justice is applicable in public law and is focused on the
distribution of wealth, honours, and other goods among members of society. Meanwhile,
corrective justice relates to rectifying a wrongdoing, providing compensation to the party that
has been harmed or imposing appropriate punishment on the perpetrator of the crime.
Therefore, compensation can be said to be justice. When applied to environmental disputes,
Aristotle's theory of corrective justice can be one way of upholding environmental law by
means of correcting what is wrong and providing compensation to the injured party or
appropriate punishment for the offender. The manifestation of justice can be achieved
through the marginalised community approach which experiences structural poverty and is
unaware that its rights have been taken away. As such, a guardianship approach to legal
standing can be applied. The legal standing lawsuit was first introduced in Christopher
Stone's article "Should Trees Have Standing?: Toward legal rights for Natural Objects". This
theory grants legal rights to natural objects such as forests, seas, or rivers as subjects that
are worthy of legal recognition and are unwise to be considered otherwise simply because
they are inanimate and cannot speak. To implement this idea, Stone argued that
environmental organisations that have data and reasons to estimate that an activity may
damage the ecosystem may request to be appointed guardian of these natural objects
through the courts. In Indonesia, legal standing lawsuits were known and recognised for the
first time through an environmental case brought before five government institutions by the
Indonesian Forum for the Environment (WALHI). These were the Central Investment
Coordinating Board (BKPM), the Minister of Industry, the Minister of State and Environment,
the Minister of Forestry, and PT. Inti Indorayon Utama (PT. IIU), for which the Indonesian
Legal Aid Foundation (YLBHI) was given power of attorney. Although the petitum requested
was not granted in the decision, a precedent was set regarding legal standing lawsuits in
environmental cases. Literally, legal standing is adopted from the common law system. Legal
standing is also known as Ius Standi or Standing to Sue or Locus Standi. Legal standing was
conceived owing to the natural or human law relationship between humans and humans and
humans and nature. The party that has legal standing before the court can be either an
individual, a group of people, or an organisation. Legal standing can be taken owing to the
principle of environmental law in Indonesia that adheres to the concept of conventional
rights. In this case, an individual, a group of people, or an organisation can act as a plaintiff
before the court even if they do not have a direct legal interest. The party that holds legal
standing acts based on the interests of the wider community because of the violation of
public rights such as civil rights, environmental rights, consumer protection, and political
rights.

Conclusion

The environment is a space shared by living beings and both living and non-living objects.
The existence of the environment is crucial for human life. Indonesia is endowed with
abundant natural resources and biodiversity, which should be protected and managed in an
integrated environmental protection and management system covering the land, sea, and
air. The term philosophy originates from the Greek word 'philosophia,' comprising the words
philos, meaning love or friend, and sophia, meaning wisdom, insight, or knowledge.
Therefore, philosophia refers to the love of wisdom or love for truth, particularly scientific
truth. Philosophy of law and legal philosophy are branches of knowledge that examine the
law philosophically and, thus, their object is the law. An environmental organization is an
entity or institution established to undertake activities and efforts to conserve, preserve, and
improve the environment. The primary objective of an environmental organization is to
promote public awareness of the importance of a healthy and sustainable environment and
support the protection and enhancement of the environment. Legal standing, which is the
right to sue, especially in environmental law, is granted to individuals and environmental
organizations under the Environmental Management Law, as stipulated in Article 91. Legal
standing confers the right of environmental organizations to sue in the name of the
environment. Philosophy of law provides the ideological foundation for environmental law to
guarantee the sustainability of the environment for human habitation. Legal philosophy
regards the law as a social agreement that must be obeyed by everyone. Thus, an
environmental organization's lawsuit is a mechanism to advocate for the law in the
environmental field.
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