Environmental Dispute Resolution in Indonesia (book review)

Title :- Environmental Dispute Resolution in Indonesia.

By :- David Nicholson

Published :- KITLV press Leiden & Institute of South East Studies , Singapore. 2010 Paperback (320 pages).

Outline :- Research was undertaken mostly during the Soeharto era, wherein the writer has excellent access to both sides of many of the disputes. The book looks at the general environment legal and dispute mechanism, then proceeds with many case studies, the vast majority being industrial activity impinging on rural Java. Only one mining case is viewed (Kelian Equatorial Mine). In most outcomes the plaintiffs lost due to maneuvering or won their case but were unable to get the plaintiff to actually pay up or change their work practices. Many excellent examples and insights to the process, dispute resolution, mediation and influences.

The main question addressed is to what extent have the formal (legally prescribed) mechanisms for environmental dispute resolution (litigation, mediation) actually been effective in resolving environmental disputes ?

Some interesting excerpts;

• Plaintiff farmers were awarded a small compensation at the local court, and when they brought it before the high court for their higher claim, the high court rejected on the grounds they had already been paid (the smaller sum) and thus absolved the defendants of further liability. This fits with the high court’s tendency to elevate evidence of prior administrative sanctions above other evidence.
• Inconsistency has also been apparent …in two reafforistation fund cases  review of certain Presidential Decrees was refused, as they were not of a “final” nature, and hence did not fall within the specific jurisdiction of the administrative courts.
• About 700 judges at the district, high and Supreme Court levels have completed specialist training in environmental law.