THE ISSUES OF ENVIRONMENTAL HUMAN RIGHTS IN THE INDONESIAN ENVIRONMENTAL HUMAN RIGHTS LAW INSTRUMENTS: THE FUTURE ROLE OF ASEAN HUMAN RIGHTS COURT

Achmad Romsan,Febrian Zen, Akhmad Idris, Nurhidayatuloh, Farida Ali (2016) The Issues Of Environmental Human Rights In The Indonesian Environmental Human Rights Law Instruments: The Future Role Of Asean Human Rights Court

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ABSTRACT

The integration of environmental rights into human rights instruments, derived from Principle 1 of the 1972 Stockholm Declaration, has been adopted into domestic laws of many countries. In Indonesia, the combination of rights above is constitutional right guarante ed under Article 28 H of the 2 nd amendment of the 1945 Constitution and protected under Law of 2009 Law No. 32 on Environmental Protection and Environmental Management and Law of 1999 No. 39 on Human Rights. Many argue that violation of environmental rights will also impair human rights and that cases may be submitted to Human Rights Court for adjudication. In Indonesia, environmental cases subm ission to Human Rights Court is seen to be impossible since they are inconsistent with the Law of 2000 No. 26 on Human Rights Court. Also, many verdicts of the District Courts reflect the hesitation of the judiciary in interpreting the people's environment al human rights in Indonesia. Using the comparative approach, this paper will observe and analyze the possibility of extending the jurisdiction of Indonesian Human Rights Court to include environmental matters similar to that undertaken by the European Hum an Rights Court in handling environmental matters. The purposes of the study are to examine the verdicts of the district courts relatin g to the community environmental disputes; to look at the practice of The European Human Rights Court in solving the indi vidual and the community environmental disputes. The method of the study: all the data gathered are obtained from secondary data and are descriptively and qualitatively analyzed. The conclusion: In the context of the establishment of ASEAN Human Rights Cou rt, using human rights mechanisms that should be considered in solving the environmental conflict in Indonesia. Since pollution and environmental degradation disturb the peopleā€Ÿs enjoyment to human rights.

Keywords : Environmental Rights, Indonesian E nvironmental Management Act , Environmental Declarations , Indonesian Human Rights Act, Human Rights Conventions, European Human Rights Court, Environmental Cases.