Environmental disputes: New options<\/p>\n
JAKARTA (JP): Legal practitioners and environmental activists
\nagreed yesterday on the need to supplement the court system with
\nalternative means of resolving environmental disputes.<\/p>\n
Speaking at a seminar on the management of environmental
\nconflicts in Indonesia, a number of experts said that the
\nlitigation system had not been effective in stemming violations
\nof regulations designed to protect the environment.<\/p>\n
Police and state prosecutors acknowledge that lack of
\nexpertise in their agencies has made it difficult for them to
\nprosecute offenders against the 1982 Law of Environment. There is
\nbroad agreement that the few cases which do make it into court
\noften end with the offenders getting off lightly, to the further
\nchagrin of the government and conservation groups.<\/p>\n
Experts at yesterday's seminar suggested the introduction of
\nthe Alternative Dispute Resolutions (ADR) system as one way of
\nsettling environmental disputes.<\/p>\n
The system, according to Mas Achmad Santosa of the Indonesian
\nCenter for Environmental Law (ICEL), \"is capable of covering a
\nwide scope of issues and has a good chance of becoming an
\nefficient means of ending environmental disputes in the future.\"<\/p>\n
The seminar, attended by legal practitioners,
\nconservationists, government officials and representatives of the
\nIndonesian Chamber of Commerce and Industry, was jointly
\norganized by ICEL, Colorado-based Communication\/Decisions\/Results
\nAssociates, the office of the State Minister of Environment,
\nGerman-based GTZ and the Human Resources Development Project.<\/p>\n
Mas Achmad said that because an ADR was more flexible compared
\nwith formal litigation, it also had greater potential to resolve
\nconflicts with a \"win-win\" settlement.<\/p>\n
Sutadi Djajakusuma of the National Development Planning Board
\nsaid the government planned to set up an ADR Board this year.<\/p>\n
\"The public's increasing legal awareness has caused people to
\ndemand sound legal instruments capable of guaranteeing them legal
\nsecurity and assurance, based on truth and justice,\" Sutadi said.<\/p>\n
The public, he added, was also aware of the attitude of
\ngovernment officials which, he said, often reflected a lack of
\nlegal awareness and conscientiousness in upholding the law.<\/p>\n
\"A legal instrument is needed to respond to these rapid
\nchanges in society and we must admit that presently the public
\ndoes not have a very positive attitude towards the law.\"<\/p>\n
Sutadi acknowledged that formal litigation often produced
\nresults that were unsatisfactory, as well as costly, time-
\nconsuming and harmful to personal and social relationships. Court
\nactions also affected people's credibility, were complicated and
\ncaused unnecessary ongoing conflicts, he said.<\/p>\n
\"Litigations is useful to end disputes, but it is not the only
\nway for all conflicts,\" Sutadi said.<\/p>\n
Other experts said that ADR should be introduced as an
\nalternative instrument, rather than as a response to complaints
\nabout the inefficiency of the court system.<\/p>\n
Satjipto Rahardjo, a professor of law at Semarang's Diponegoro
\nUniversity, cautioned that because of its cooperative nature, ADR
\ncould easily lead to collusion, especially between the
\ngovernment, NGOs and industries, which are usually the defendants
\nin environmental disputes.<\/p>\n
Indonesian Chamber of Commerce and Industry Kadin Deputy Dewi
\nMotik Pramono, who oversees the chamber's environmental affairs,
\nemphasized the need for penalties to be imposed on companies that
\nviolated environmental laws.<\/p>\n
\"I don't think cooperative dispute settlements alone are
\nappropriate because businessmen often don't know, or want to
\nknow, that they are damaging the environment,\" she said.<\/p>\n
\"Through cooperation, they must be given plenty of information
\nbut they should still be penalized whenever they violate the
\nlaw.\" (pwn)<\/p>",
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"sponsor": "Okusi Associates",
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