Climate Change Related Litigation in Indonesia: The Dawn of a New Beginning?

Sulistiawati, Linda Yanti

doi:10.2139/ssrn.4366599

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2023

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“…However, the most forums used to adjudicate climate litigation is civil and criminal court. Meanwhile, only 12 cases from 2010 to 2020 on climate litigation to utilize administrative court as the settlement forum [3]. In fact, administrative court could provide a feasible option that benefit the affected person by climate change.…”

Section: Introductionmentioning

confidence: 99%

The Use of Administrative Court for Climate Change Litigation

Harnowo,

Habib

2023

IOP Conf. Ser.: Earth Environ. Sci.

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Climate change litigation is a litigation which directly and indirectly related to climate change or climate change policy. Administrative court is one of the forums where parties can challenge this issue. The broader competency of the Indonesian Administrative Court based on Government Administration Law, making issues regarding climate change caused by government actions can be resolved in a more favorable manner. This can be achieved through the addition of sustainability in General Principles of Good Corporate Governance. This paper will analyze relevant law and regulations, and cases to explore the advantages of administrative court in climate litigation. This paper provides a suggestion to optimize the role of Indonesia’s administrative court to be in accordance with the need of environmental protection.

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Section: Introductionmentioning

confidence: 99%