Certification System for Environmental Judges An Indonesian Judiciary Experience Prof. DR. Paulus E. Lotulung, SH

Environmental Cases Under Indonesian Law Environmental Case General Judiciary CivilCriminal State Administrative Administrative Decision Disputes

Environmental Cases Require Specific Judiciary Skills Demonstrating deep understanding on international and national environmental legal norms Ability to apply law as an instrument to resolve environmental cases Show law-finding(rechtsvinding) skills to achieve environmental justices; and Ability to apply the Procedural Laws for Environmental Cases in hearing and deciding environmental cases

Certification System to Improve Judges Awareness, Knowledges and Judicial Skills Indonesian Judiciary just recently adopted the Chamber System where judges are directed to decide case on expertise-based, including for environmental cases Expertise on certain field of law are improved through continuing judicial education, including the certification system

How Does Certification Work? Certification is an integrated system from beginning to end It starts with recruitment and ends in monitoring and evaluation The system requires participation of all working units of the Indonesian Supreme Court, namely the personnel bureau, planning bureau, judicial training center and supervisory unit

Scopes of Certification System cover: The jurisdiction of a certified judge whereby environmental cases can only be heard before a certified judge Selection Process Appointment and Placement of Certified Judges Monitoring and Evaluation System Reward System Planning and Budget Support

Selection Process: Transparant, Participative and Equal Opportunity Need Assessment Registration Selection: Administrative, Substances and Integrity Certification training: initial, intermidiate and advance (refresher course)

Selection Process Principles Transparent: by means of open recruitment, open registration and announcement Integrity: judges must show statement from the Supervisory Unit of the Court that he/she has no sanction record Experienced: previous training and education or show good track in environmental cases Public participation: public may file complain if certain candidates are suspected of unethical conduct

Appointment and Placement of Certified Judge Selected by Selection Committee Appointed by the Chief Justice Environment cases must be heard by a panel of judges where the chief panel is a certified judge The certified judge will sit on first instance or appeal court Detasering or “flying judge” may be assigned in the event a relevant court has not yet had any certified judge

Monitoring & Evaluation  Reward MONEV is conducted in accordance with the Supreme Court’s Procedures The Court will note the performance of certified judges and will be considered as the basis of awarding reward, such as: more opportunities to participate in international and national workshops, refresher courses, and comparative studies.

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