Indonesian Journal of Environmental Law and Sustainable Development

Balancing Risk and Caution: The Precautionary Principle in Indonesian Environmental Law Context

Joshua Wijaya Proyogo — Wed, 31 Jan 2024 00:00:00 +0700

This paper explores the application of the precautionary principle within the framework of Indonesian environmental law, emphasizing the delicate balance between risk assessment and precautionary measures. It examines the evolution of the precautionary principle in Indonesian legal discourse and its integration into environmental policy-making and decision-making processes. The analysis sheds light on the challenges and opportunities inherent in applying the precautionary principle within Indonesia's diverse environmental contexts. It highlights instances where precautionary measures have been effectively employed to mitigate environmental risks, while also addressing concerns regarding the potential for regulatory overreach and hindrances to economic development. By delving into case studies and legislative frameworks, this paper provides insights into how the precautionary principle is interpreted and operationalized within Indonesian environmental law. It underscores the importance of incorporating scientific uncertainty and environmental ethics into policy formulation, while also emphasizing the need for flexibility and adaptability in responding to emerging environmental threats. Furthermore, the paper discusses avenues for enhancing the implementation of the precautionary principle in Indonesia, including capacity-building initiatives, stakeholder engagement, and the promotion of interdisciplinary research and collaboration. In conclusion, the paper highlights the significance of striking a balance between risk assessment and precautionary action in Indonesian environmental law. It underscores the importance of a nuanced approach that considers scientific evidence, societal values, and the principles of sustainable development in addressing environmental challenges while fostering economic growth and social welfare.Precautionary Principle

Central Control vs. Local Liberties: Environmental Stewardship in Indonesia's Power Struggle

Immanuel Harri Turnip, Marhara Hasibuan — Wed, 31 Jan 2024 00:00:00 +0700

This paper confronts the contentious power dynamics between central governance and local autonomy in environmental stewardship within Indonesia. It dissects the tug-of-war between centralized control and regional liberties, unveiling the ramifications for environmental management and protection. Through a critical lens, the paper examines how divergent interpretations of authority have precipitated a power struggle with far-reaching implications. It scrutinizes instances where central dominance has stifled local initiatives, constraining innovative approaches to environmental conservation. Conversely, it analyzes scenarios where unchecked regional autonomy has led to environmental exploitation and neglect. Drawing on empirical evidence and case studies, the paper unveils the multifaceted dimensions of this power struggle, encompassing legal ambiguities, political maneuvering, and socio-economic disparities. It highlights the inherent tensions between national environmental imperatives and regional aspirations for self-governance, fueling a discord that undermines sustainable development objectives. Furthermore, the paper interrogates potential pathways forward amidst this power struggle. It advocates for a recalibration of governance structures that reconcile centralized oversight with localized autonomy, fostering cooperative frameworks that empower regions while safeguarding national environmental interests. In conclusion, the paper underscores the urgency of addressing Indonesia's environmental power struggle. It calls for a nuanced approach that navigates the delicate balance between central control and local liberties, forging a path towards collaborative environmental stewardship that transcends political divides and fosters sustainable development for all Indonesians.

Dirty Dollars: Profits Over Planet in Indonesia’s Application of the Polluter Pays Principle

Damar Sinatria Putra — Wed, 31 Jan 2024 00:00:00 +0700

This paper critically examines Indonesia's application of the Polluter Pays Principle (PPP), revealing a troubling trend where economic interests often trump environmental responsibility. Through an in-depth analysis of case studies and regulatory frameworks, it exposes instances where corporations prioritize profits at the expense of environmental protection, exploiting regulatory loopholes and evading accountability for pollution. Drawing attention to the inherent tensions between economic development and environmental sustainability, the paper highlights the inadequacies in Indonesia's enforcement of the PPP. It scrutinizes the role of government agencies, industry actors, and civil society in perpetuating this profit-driven paradigm, shedding light on the challenges faced by environmental advocates in holding polluters accountable. Furthermore, the paper interrogates the implications of prioritizing profits over the planet, including the degradation of ecosystems, loss of biodiversity, and adverse impacts on public health and livelihoods. It underscores the urgent need for systemic reforms to align Indonesia's economic agenda with environmental imperatives, promoting a more balanced approach that prioritizes the planet alongside profits. In conclusion, the paper calls for a paradigm shift in Indonesia's application of the PPP, emphasizing the importance of robust regulations, transparent enforcement mechanisms, and corporate accountability measures. It advocates for a holistic approach that integrates environmental considerations into economic decision-making processes, safeguarding Indonesia's natural heritage for future generations while ensuring sustainable development and prosperity.

Extrajudicial Dispute Resolution in Handling Environmental Cases in Indonesia (Case Study: River Water Pollution by PT Sugar Labinta in South Lampung)

Dzulfikar Ahmad Fauzi — Wed, 31 Jan 2024 00:00:00 +0700

This paper examines extrajudicial dispute resolution mechanisms utilized in addressing environmental cases in Indonesia, with a focus on a specific case involving the alleged pollution of river water by PT Sugar Labinta in South Lampung. It delves into the legal frameworks, stakeholder engagement processes, and outcomes of extrajudicial dispute resolution efforts in environmental matters. Drawing on a case study approach, the paper analyzes the effectiveness and challenges of extrajudicial mechanisms in resolving environmental disputes, particularly in cases of alleged pollution by industrial entities. It explores the roles of various stakeholders, including government agencies, industry representatives, affected communities, and non-governmental organizations, in the resolution process. Furthermore, the paper evaluates the implications of extrajudicial dispute resolution on environmental protection, legal accountability, and community rights. It examines the extent to which such mechanisms contribute to the realization of environmental justice, sustainable development, and corporate responsibility in Indonesia. In conclusion, the paper offers insights into the strengths and limitations of extrajudicial dispute resolution in handling environmental cases, using the PT Sugar Labinta case as a lens. It suggests recommendations for improving the effectiveness and fairness of extrajudicial mechanisms, enhancing transparency, accountability, and community participation in environmental decision-making processes.

Implementation of Environmental Pollution and Damage Prevention Instruments in Indonesia: Issues and Challenges

Francisca Rachel Alicia — Wed, 31 Jan 2024 00:00:00 +0700

This paper delves into the implementation of environmental pollution and damage prevention instruments in Indonesia, highlighting the inherent issues and challenges. It scrutinizes the efficacy of existing measures in curbing environmental degradation and explores the obstacles hindering their successful execution. The findings underscore a myriad of challenges confronting the implementation process, ranging from regulatory gaps and enforcement deficiencies to institutional capacity constraints. Despite the presence of legislation aimed at safeguarding the environment, enforcement mechanisms often fall short due to inadequate resources, corruption, and lack of coordination among relevant stakeholders. Additionally, the complexity of environmental issues, coupled with rapid industrialization and urbanization, exacerbates the challenges faced in mitigating pollution and preserving natural resources. Addressing these challenges necessitates a multi-faceted approach that encompasses legislative reforms, capacity building initiatives, and enhanced collaboration between government agencies, civil society, and the private sector. Strengthening regulatory frameworks, improving monitoring and enforcement mechanisms, and promoting public awareness are crucial steps towards achieving sustainable environmental management in Indonesia. Moreover, integrating environmental considerations into broader policy agendas and fostering international cooperation are vital for addressing cross-border environmental challenges and ensuring long-term environmental sustainability. In conclusion, while Indonesia has made strides in formulating environmental policies, effective implementation remains a pressing issue. By identifying and addressing the challenges impeding the execution of pollution prevention instruments, Indonesia can bolster its environmental governance framework and pave the way for a greener and more sustainable future.

License to Pollute? Examining Environmental Permitting under Regional Autonomy in Indonesia

Wahyullah Ahmed Yusuf, Achmad Humam — Wed, 31 Jan 2024 00:00:00 +0700

This paper delves into the intricacies of environmental permitting practices within the context of regional autonomy in Indonesia, scrutinizing whether the granting of permits inadvertently facilitates environmental degradation. It investigates the regulatory frameworks and enforcement mechanisms governing environmental permitting at the local level, shedding light on the potential trade-offs between economic development and environmental protection. Through empirical analysis and case studies, the paper uncovers the realities of environmental permitting under regional autonomy, revealing instances where lax regulations or inadequate enforcement have led to environmentally harmful activities. It examines the challenges faced by local authorities in balancing the need for economic growth with the imperative of environmental sustainability, highlighting the complex dynamics at play. Furthermore, the paper evaluates the effectiveness of existing environmental permitting mechanisms in mitigating pollution and safeguarding natural resources. It identifies gaps in regulatory oversight, shortcomings in monitoring and enforcement, and instances of regulatory capture or corruption that undermine the integrity of the permitting process. In conclusion, the paper underscores the importance of reevaluating environmental permitting practices under regional autonomy to ensure that permits are not inadvertently granting a "license to pollute." It calls for enhanced transparency, accountability, and community participation in the permitting process, alongside strengthened enforcement mechanisms and capacity-building initiatives to uphold environmental standards and promote sustainable development in Indonesia's decentralized governance landscape.

Regional Rights, Environmental Wrongs: Unpacking the Paradox of Autonomy in Indonesia's Environmental Governance

Grandini Dyah Sagita, Ervira Rahmasari Budi — Wed, 31 Jan 2024 00:00:00 +0700

This paper delves into the complex interplay between regional autonomy and environmental governance in Indonesia, shedding light on the paradoxical outcomes that arise from decentralized decision-making. It examines how the delegation of power to local authorities has both empowered and challenged efforts to enforce environmental regulations and protect natural resources. Through a comprehensive analysis, the paper elucidates the ways in which regional autonomy has led to divergent approaches to environmental management across Indonesia's diverse regions. While some local governments have demonstrated commendable commitment to environmental conservation, others have prioritized economic interests at the expense of environmental sustainability, leading to widespread degradation and ecological harm. Drawing on case studies and empirical evidence, the paper unpacks the factors contributing to this paradox, including varying levels of institutional capacity, political dynamics, and socio-economic pressures. It highlights instances where regional autonomy has resulted in regulatory loopholes, weak enforcement mechanisms, and conflicts of interest, exacerbating environmental challenges and undermining national conservation efforts. Furthermore, the paper explores potential pathways for reconciling the tension between regional rights and environmental wrongs in Indonesia. It advocates for a holistic approach to environmental governance that integrates principles of subsidiarity with national environmental priorities, fostering collaboration between central and local authorities, and promoting community engagement and empowerment. In conclusion, the paper underscores the imperative of addressing the paradox of autonomy in Indonesia's environmental governance.