ENVIRONMENTAL RIGHTS IN THE INDONESIAN ENVIRONMENTAL LAW (EMAS) TOWARD THE ESTABLISHMENT OF ASEAN HUMAN RIGHTS COURT

Febrian Zen, Achmad Romsan (2016) Environmental Rights In The Indonesian Environmental Law (emas) Toward The Establishment Of Asean Human Rights Court

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ABSTRACT

The notion of environmental rights is not clearly defined in the first EMA 1982 and the second EMA 1997. In the third EMA 2009, the notion of environmental rights is integrated into human rights. The questions are how to implement the protection of the peo ple‟s environmental human rights; does Human Rights Court have jurisdiction over the environmental human rights violation. These questions arise in correlation of The ASEAN Economic Community (AEC). Under the AEC, the ASEAN Court of Human Rights will be es tablished. If the community environmental rights is not clear formulated in the EMA, therefore the role of National Commission of Human Rights (KOMNAS HAM) and of the Environmental Court will be less important. As the peoples from ASEAN countries will be able to submit their claims of their environmental human rights impaired to the SEAN Commission of Human Rights. This paper tries to examine and analyze the community environmental disputes which have been decided by the District Court within the period of the application of the EMAs. All the data obtained are in form of secondary data and are descriptively and qualitatively analyzed. The findings conclude that environmental rights and also environmental human rights as protected rights are not fully protec ted the victims of pollution and environmental degradation. As a result, there must be an amendment to the existing environmental human rights law instruments, including the law on human rights court in Indonesia to include environmental issues.

Keywords : Environmental Rights, Environmental Human Rights, Indonesian Environmental Management Acts (EMAs), Environmental Disputes