INSTITUTIONALIZING GREEN JUDGES 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 ( ) 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.

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