{"title":"环境正义视角下加里曼丹省中部森林和土地火灾公民诉讼的启示","authors":"F. X. Ary Setiawan, Absori Absori, Kelik Wardiono, Arief Budiono, Achmadi Achmadi, Wardah Yuspin","doi":"10.37394/232015.2023.19.97","DOIUrl":null,"url":null,"abstract":"Forest and land fires in Central Kalimantan Province in 2015 caused a lot of losses in the aspects of health and the economy. Therefore, the community filed a citizen lawsuit at the Palangkaraya District Court in 2016, suing the Indonesian President, various Ministers, the Governor, and the Legislative House of Central Kalimantan. From the first level to the cassation level, the plaintiffs won the case. But then, a judicial review was carried out and the Supreme Court granted it. So, the Government was free from any charges. This research used a socio-legal research method with a case study approach. Decision No. 980 PK/PDT/2022 which granted the Substantial Government Review had not created justice for the community and the environment, even though it aimed to maximize benefits for the community. The lawsuit filed by civil society in the case of forest fires in Central Kalimantan in 2015 against the government was a citizen lawsuit. The community’s demands through the lawsuit aimed to uphold and protect the environment and ecocracy principles. Thus, the Supreme Court decision is considered to fail in representing the principle of substantive justice.","PeriodicalId":53713,"journal":{"name":"WSEAS Transactions on Environment and Development","volume":"11 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Implications of Citizen Lawsuits for Forest and Land Fires in Central Kalimantan Province from the Perspective of Environmental Justice\",\"authors\":\"F. X. Ary Setiawan, Absori Absori, Kelik Wardiono, Arief Budiono, Achmadi Achmadi, Wardah Yuspin\",\"doi\":\"10.37394/232015.2023.19.97\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Forest and land fires in Central Kalimantan Province in 2015 caused a lot of losses in the aspects of health and the economy. Therefore, the community filed a citizen lawsuit at the Palangkaraya District Court in 2016, suing the Indonesian President, various Ministers, the Governor, and the Legislative House of Central Kalimantan. From the first level to the cassation level, the plaintiffs won the case. But then, a judicial review was carried out and the Supreme Court granted it. So, the Government was free from any charges. This research used a socio-legal research method with a case study approach. Decision No. 980 PK/PDT/2022 which granted the Substantial Government Review had not created justice for the community and the environment, even though it aimed to maximize benefits for the community. The lawsuit filed by civil society in the case of forest fires in Central Kalimantan in 2015 against the government was a citizen lawsuit. The community’s demands through the lawsuit aimed to uphold and protect the environment and ecocracy principles. Thus, the Supreme Court decision is considered to fail in representing the principle of substantive justice.\",\"PeriodicalId\":53713,\"journal\":{\"name\":\"WSEAS Transactions on Environment and Development\",\"volume\":\"11 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-10-12\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"WSEAS Transactions on Environment and Development\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.37394/232015.2023.19.97\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"WSEAS Transactions on Environment and Development","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.37394/232015.2023.19.97","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
Implications of Citizen Lawsuits for Forest and Land Fires in Central Kalimantan Province from the Perspective of Environmental Justice
Forest and land fires in Central Kalimantan Province in 2015 caused a lot of losses in the aspects of health and the economy. Therefore, the community filed a citizen lawsuit at the Palangkaraya District Court in 2016, suing the Indonesian President, various Ministers, the Governor, and the Legislative House of Central Kalimantan. From the first level to the cassation level, the plaintiffs won the case. But then, a judicial review was carried out and the Supreme Court granted it. So, the Government was free from any charges. This research used a socio-legal research method with a case study approach. Decision No. 980 PK/PDT/2022 which granted the Substantial Government Review had not created justice for the community and the environment, even though it aimed to maximize benefits for the community. The lawsuit filed by civil society in the case of forest fires in Central Kalimantan in 2015 against the government was a citizen lawsuit. The community’s demands through the lawsuit aimed to uphold and protect the environment and ecocracy principles. Thus, the Supreme Court decision is considered to fail in representing the principle of substantive justice.
期刊介绍:
WSEAS Transactions on Environment and Development publishes original research papers relating to the studying of environmental sciences. We aim to bring important work to a wide international audience and therefore only publish papers of exceptional scientific value that advance our understanding of these particular areas. The research presented must transcend the limits of case studies, while both experimental and theoretical studies are accepted. It is a multi-disciplinary journal and therefore its content mirrors the diverse interests and approaches of scholars involved with sustainable development, climate change, natural hazards, renewable energy systems and related areas. We also welcome scholarly contributions from officials with government agencies, international agencies, and non-governmental organizations.