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Ecojustice As an Embodiment of the Principle of Good ------

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Environmental Governance ------
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Aju Putrijanti1, Sekar Anggun Gading Pinilih1 ------
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Faculty of Law, Diponegoro University, Semarang ÿþT

Corresponding Author: ajuputrijanti@live.undip.ac.id ORCID ID: 0000-002-6305-

4829

Abstract. The Administrative Court is a judiciary body with the competence to exercise
external control over government legal actions to protect the rights of a good and healthy
environment. The research aims to know the role of the Administrative Court in giving
ecojustice and the embodiment of principles of good environmental governance. This is
normative legal research using primary and secondary data. Judge verdict in
Administrative Court decides dispute concerning environmental permission was based
on environmental purposes and principles of good environmental governance. The
principle of society participation has been implemented in some municipalities; it can
be seen in the local regulations made by the Regent or Mayor. Although it was not
perfectly executed, it was still a step forward in local government. Obstacles arise from
the need for more knowledge and awareness about environmental protection and system
of management by the officer and society. irma
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Keywords: Ecojustice, principle of good environmental governance, administrative court
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1. Introduction ------
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Government has to regulate the use of the environment wisely to maintain its purpose for the community.
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The increasing population growth requires a wide range of space and natural resources. The amount of
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environmental damage that occurs is very detrimental to the community. On the other side, the
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community needs the environment for sustainable development. --
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Developments in various sectors, economically, are very needed. However, massive
development without reasonable regulations might harm the environment and community. It even can
bring damage and loss. Community behaviour also contributes to environmental damage. In addition, it
also can occur due to government regulations that are not environmental-friendly by putting aside local
wisdom and moving forward with greed to overexploit natural resources without thinking about the
future.
UNEP, as one body of the UN, has a special mission to provide leadership and encourage people
to care more about the environment by inspiring, informing, and enabling nations and people to improve
their quality of life without compromising future generations. They have launched conventions that refer
to the environment, biodiversity, and matters related to the environment. SDG is a programme of the
United Nations which relates to the environment, justice, zero hunger, no poverty, strong institutions,
life on land, life below water, and some important matter. There is a strong relationship between
environmental justice and strong institutions, which also means a healthy environment. In light of this,
government should implement the principle of good environmental governance adequately.
Article 28 H of the Constitution states that everyone is entitled to have a healthy and good
environment. The regulation is strengthened in Law Number 32 of 2009 on the Protection and
Management of the Environmental (from now on is Environmental Law) as a legal basis to manage the
environment. Some articles in Environmental Law were amended by Law Number 11 of 2020 on Work
Creation Law. This Law accentuates environmental management and emphasizes the principle of sound
environmental governance. The government made policies and regulations to organize development and
environmental exploitation without ruling out community interests and future generations.
Sonny Keraf explained that good governance would influence and determine a good
environment which further showed the level of good governance. Hyronimus Rihti stated that good
governance relates to environmental management and the principle of good governance. In contrast,
from the 13 principles of good governance, only several principles are related, i.e. legal certainty,
balancing, do not mix authority, justice, good, public interest, and responsiveness [1]. Preparation of
government decisions hopefully considering and based on the principles of good environmental
governance.
Legal gaps arise because the government still needs to fulfil the ecojustice rights of the citizen.
This research aims to strengthen the role of the Administrative Court in protecting the environment. The
research questions include, first, how is the implementation of ecojustice in the Administrative Court
judge verdict? Second, how does the principle of good environmental governance be implementedirma to
protect and maintain the environment? c
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State of the art in this article, first, research result by Agung Budhi Prastyo, et.al., showed that ------
the less optimal supervision of Environmental Governance Body in Way Kanan Municipality, caused ------
the environmental damage, but the model of implementation of principle of good environmental ------
governance was maximum implemented [1]. Secodn,irmresearch result by Umi Mustagfiroh, et.al, showed ------
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that some municipality in Indonesia, already implemented ------ the principle of good environmental ------
governance in garbage management system by public ------ participation and the system itself[2]. Third, ------
research result of case study Sepat Reservoir Surabaya, ------ said that synchronization among government --
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agencies becomes the main focus in improving service ------ in the implementation of principle of good
governance [3]. ------
The differences with the previous articles above ------ are that this article will discuss ecojustice and
the implementation of principles of good environmental ------ governance in judge consideration and give
--
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legal certainty to protect the environment and citizens.

2. Research Method
This research is normative legal research, as stated by Soerjono Soekanto there are 5 ( five ) types i.e
research to find legal principle, research on legal systematic of legal instrument, research on the vertical
or horizontal synchronization of legal instrument, comparative law, and legal history[4]. This research
using primary data and secondary data. Secondary data based on existing regulations and the result of
research articles. Normative legal research used statute approach because research conduct in various
type of legal provision but it has the same subject [5]. Collective data was carried out with literature
study of secondary data by tracing regulations and literatures related to problems. Data were analyzed
in qualitative methods and described with descriptive analysis

3. Result and Discussion

3.1. Role of Administrative Court in the law enforcement

As a judiciary power, Court has to protect human rights, law enforcement, and justice. Based on the
principle of independence of judiciary number 6 (six), the judicial is conducted fairly and the parties'
rights are respected. Administrative Court Law regulates the fair process for a healthy and good
environment, as declared in Article 28 H of the Constitution. The article gives rights to everyone to live
in physical and spiritual prosperity, to live and to have a good and healthy environment and to receive
health services. It is the prominent role of the Administrative Court to ensure that decision-making by
Government does not violate the rights of the citizen; more important is to control the Government's
implementation of its duty. Decision-making which violates and harms the citizen's rights can be put in
a lawsuit to Administrative Court.
In this article, according to Washington's theory about ecocentrism, all lifeforms have intrinsic
value. Keller conceives ecocentrism as an axiology that accords moral consideration to biotic
communities and assigns moral judgement based on the health and flourishing of ecological wholes [6].
Moral judgment and consideration can also be found in the judge's verdict, besides human behaviour in
biotic and non-biotic environments.
 Environment disputes originating from government decrees or concrete action are the primary
key to protecting the environment. Every activity relates to development as it will impact the
environment and society. Court has to decide and settle the disputes fairly, in the frame of protection of
the environment and enforce the law and principle of a good environment. Supreme Court has issued
Supreme Court Decree Number 36 / KMA/SK/II/ 2013 of Guidelines for Handling Environmental Cases
and implemented for all judiciary bodies under Supreme Court. This decree also stated that judges should
have a certificate as environmental judges before examining environmental disputes and a certificate
issued by Supreme Court. Judges have to implement the principle of a suitable environment
in litigation.
There are 3 judge verdicts to be discussed. Judge verdict number 2/G/LH/2018.PTUN.Dps said
that Plaintiff's lawsuit was declined. The judge considered that because Plaintiff suffered no direct and
actual losses and no scientific evidence about contamination, it was difficult to prove that Plaintiff's
interests were damaged. Judge has to consider the nation's interest in bringing a power plant that the
society will need and the principle of a good environment. The power plant is very needed as blue energy
in future.
Judge's consideration strengthens the Regent's decision to cancel the object of dispute about
environmental permits for oil palm plantation and palm oil processing factories (object dispute number
1) and plantation business permit (object dispute number 2). In case number 30/G/2021/PTUN.JPR, a
Panel of Judges in their consideration, stated that there were no mistakes in procedure, substance, and
authority according to both objects of dispute, and Court nullified the lawsuit. Some evidence found that
Plaintiff did not have rights of the land, and violations committed by Plaintiff by not giving business
progress reports to the Regent and the Minister.
Also, the case number Judge's consideration strengthens the Regent's decision to cancel the
object of dispute about environmental permits for oil palm plantation and palm oil processing factories
(object dispute number 1) and plantation business permit (object dispute number 2). In case number
30/G/2021/PTUN.JPR, a Panel of Judges in their consideration, stated that there were no mistakes in
procedure, substance and authority according to both objects of dispute, and Court nullified the lawsuit. irma
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Some evidence found that Plaintiff did not have rights of the land and committed some violations by not ------
giving business progress report to Regent and the Minister. ------
In case number 31/G/2021/PTUN.JPR, Panel of Judges under consideration, stated the object ------
of dispute number 2 was not accepted because Plaintiff had no interest in putting a lawsuit, so the dress ------
material still needed to be fulfilled. Judges nullified objects number 1 and 3 since there was no mistake ------
in the Regent's decree's procedure, substance, and authority. ------
For the three (3) above judge verdicts, Judge cancelled the lawsuit because there was no ------
Plaintiff's interest and they did not fulfil their obligation. The court had tried to implement eco-justice --
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by implementing the principle of a suitable environment to fulfil environmental rights. Rob White
identified 3 ( three) approaches based on justice to protect the environmental, first is environmental
justice, and the victim is human; second is species justice, while the victim is certain environmental; and
third is ecological justice, while the victim are animals and plants[6]. Implementation of eco-principle
should be starts from preparation in making regulations which should be based on principle of good
environmental governance, public participation, and sustainable development. This eco-principle is
relates to environmental rights which is owned by every living and environment. This strengthened in
Article 28 number 1 of Indonesian Constitution, it has meaning that State should responsible to protect
the environmental from any harm caused damaged.
In another case, Judge may grant Plaintiff's lawsuit and give consideration based on evidence in
court, the principle of independent proof in the Administrative Court system. Administrative Court in
Banda Aceh had granted Plaintiff's lawsuit in case number 11/G/2011/PTUN.BNA means that the
government's decree was cancelled. Court stated that Plaintiff, Defendant, and Intervening Defendant
had not yet used administrative review before they put the lawsuit. Based on Article 84 of Environmental
Law, administrative review, as the process of dispute settlement outside the courtroom, should be
implemented before putting the lawsuit.
Case number 14/G/LH/2017/PTUN.Smd, the Court granted Plaintiff's demands. Defendant
already fulfilled the authority and procedures to issue the objects of dispute. The defendant was reckless
in implementing the precautionary principle according to the impact that might be appeared.
Government has to be careful in the decision-making process of environmental permits, and the principle
of a suitable environment has to be implemented.
As a comparison study, in 2015, the Dutch environmental group Urgenda Foundation and
around 900 citizens sued the government to do more to prevent global climate change [7]. Hague Court
of Appeal stated that the continuity of the climate system is a fundamental human right and ordered the
Dutch government to cut greenhouse gas emissions. While in the United States of America, young
people represented by NGO based in Eugene, Oregon, put a lawsuit that Plaintiff has the right to live in
stable climate change, and this right is an essential public trust [8]. Both governments, Dutch and U.S,
argued that the court has no role in political debate as climate change is a global problem, and no country
can fix it. The Hague Court of Appeal verdict showed that ecojustice could be applied to protect the
rights of a healthy environment. The role of the judiciary body is essential as a last resort to find justice.
Aarhus Convention 1998 guarantees individuals access to information, public participation in
making decisions, and justice related to environmental issues. As stated in Artice Number 28 H of the
Constitution, everyone has the right to live in physical and spiritual prosperity and to have a good and
healthy environment, a place to live and receive health services. Article 65 of the Environmental Law
strengthens the right to a good and healthy environment, environmental education, access to information,
access to justice, and the right to submit proposals and objections to the planned business and activity,
which is estimated to have an environmental impact, the right to play a role in the protection and
management of the environment by the laws and regulations, the right to file a complaint due to the
alleged environmental pollution and destruction. Article 66 of the Environmental Law stipulates that
anyone who fights for the right to a healthy and good environment cannot be prosecuted criminally or
be sued civilly.
Rob White’s arguments to identify 3 (three) approaches based on justice to protect the
environment, i.e., first is environmental justice, and the victim is human, as a concept emerged in the
United States of America in 1980 and as a term referring to social movements dedicated to the fair
distribution of the environment. Second is species justice; the victim is the environment, which refers to
the idea that animals and plants deserve the right not to be killed or destroyed for human purposes.
Three, ecological justice and the victims are plants and animals, refers to the relationship between
humans and whole nature [2].
Martusewicz et al. define ecojustice as the understanding that global and local ecosystems are
essential to life, challenging the deep cultural assumptions underlying modern thinking that undermine
those systems and recognizing the need to restore the cultural and environmental commons. Ecojustice
is an emerging field of theory and inquiry that looks at the cultural crisis of the environmental crises, as
stated by Dentith and Thompson. According to Washington et al., an ecocentric worldview is the starting
point of ecojustice theory; it is a worldview in which human and non-human organisms, species,
ecosystem and ecosystem processes all have intrinsic moral value [3]
The Administrative Court in Thailand is similar to Court in Indonesia; environmental disputes
settle through the administrative court [9]. The differences are Administrative Court in Thailand provide
special arrangement related to compensation which includes the cost of health, costs for damage to
natural resources, loss of identity and cultural arts, and examining the substances and facts related
environment in more depth so that it will give an actual profile of environmental problems. While in
Indonesia, the administrative environmental settlement is only administratively, formal procedural,
providing limited compensation and prioritizing the demands for the object's validity.
Environmental Court and Tribunal in Sweden and China emphasize public enforcement rather
than private enforcement to set up specialized chambers or panel judges to hear environmental cases. In
Sweden, environmental courts consist of legally qualified judges, one environmental technical judge,
and additional environmental technicians nominated by the industrial and national public authorities. In
China, environmental courts are composed of judges trained in environmental law; there are no special
qualifications to become a judge in environmental disputes [10]. There is an interesting point from the
above, even though Sweden and China have similarities in some points, there are still differences in the
panel of judges. In order to achieve eco-justice, the judges have an important role. As an expert or
technician becomes a judge, they will give objective and independent perceptions based on
environmental-oriented. In comparison, the environmental courts in China use judges too, which already
get trained in environmental law. This is the same condition as in Indonesia; the judge should be trained
in environmental law and certified by the Supreme Court.
National Green Tribunal in India is seen as responsive to environmental problems because it is
one characteristic of a successful environmental court [11]. Based on their research showed that National
Green Tribunal delivered justice for each and gave the right to live in a pollution–free environment
based on the Constitution of India. It also shows the importance of the doctrine of public trust, which
can make the State act as trustee of natural resources for the benefit of all people.
In New South Wales Land and Environmental Court, to build good environmental justice and
governance, it is essential to have an independent and impartial adjudicator [12]. Independence is not
only from legislative and executive bodies but also independence from external influences, which might
lead to deciding disputes otherwise than on the legal and factual merits. Impartiality requires decision-
makers to alert themselves and become neutralized as far as possible personal predilections, prejudice,
or any extraneous consideration that might mislead their verdict. According to the above research, judges
who handle environmental disputes have to be firm as independent and impartial judges. It is also
essential that judges had to be certified before investigating environmental disputes.
From these comparisons with other countries, judges in Indonesia can follow law enforcement
in the environmental field conducted by judges in the courts of Sweden, Thailand, China and New South
Wales. The judge should not only look at the text, which can eliminate the judge's dignity. This is
because the purpose of the law is to bring about justice, so if the law denies justice, it will lose its binding
power, and therefore people can disobey it. According to Satjipto Rahardjo[13], the legal method, which
is still dominated by legal methods rather than common sense, is a minimalist legal method. The law
does not care about human morality. The quality of law is determined by whether or not it obeys the
law, regardless of whether it contains moral content.
Justice for a judge is the basis for making decisions. Bismar Siregar stated, "...so that the eyes,
hearts and ears of judges are open to various demands that are developing in society. In carrying out
obligations, he is not only based on law but based on justice... There are still many judges who describe
the law literally and ignore the true purpose of the law. The true purpose of law does not have to be
formulated in words but can be understood and internalized because it originates from conscience[14].
Judges should be environmentally oriented, meaning judges should use an ecosystem approach
to make decisions. The ecosystem approach is carried out using existing legal instruments in
comprehensive environmental law enforcement. This ecosystem approach is carried out by prioritizing
environmental interests holistically rather than economic, political and even regulatory/juridical
technical considerations only. Through a holistic-ecological approach, judges must make progressive
legal breakthroughs in protecting ecosystem interests. Juridical technical considerations, which have
dominated judges, must be shifted to ecosystem considerations.
This holistic construction not only enforces rules but also upholds ethics, values of truth and
justice for the benefit of ecosystems and humans. Apart from that, also by upholding the values of local
wisdom is one of the principles of Environmental Law, namely the principle of local wisdom. If there is
a clash between formal rules and the values that live in society, then what should be prioritized is thelaw
of community values, which genuinely reflects society itself.
Strengthening the construction of ecosystem-oriented judges' legal culture through providing
understanding and competence, as well as ethics and morals, to judges tasked with resolving
environmental cases is something that is urgently needed to maintain a judge's authority. The Supreme
Court has issued Supreme Court Decree Number 134/KMA/SK/IX/2011 concerning the Certification of
Environmental Judges, which requires judges who handle environmental cases to have an environmental
certificate. In this regard, the Supreme Court needs to provide training to judges regardingproceedings in
enforcing environmental law, given that cases of environmental pollution and damage are increasing,
and it is necessary to provide understanding to judges regarding the law in an empirical concept loaded
with justice values.

3.2 Principle of Good Environmental Governance

Principle of good governance as the basis for running the government. In line with growth and
development, each country should have policies that must be adjusted to existing conditions. The
government has ruled the regulation and can not be ignored the local community's interest and the
nation's interest in making significant development. Development often damages or destroys the
environment, which will be a danger for future generations.
Siahaan said that to implement good governance, it needs environmental management based on
sustainability. World Bank stated principle of good environmental governance is an activity aimed at
the successful use of natural resources in a sustainable manner and maintaining the environment equally
Principle of good environmental governance is an activity organized by the government while still
paying attention to sustainability and preservation of the environment, especially resources by involving
all members of the community[4].
Quoted from Irvan Renaldi et al., Ferris stated that good environmental governance is the key
to interaction between government, private sector and community to build a framework for participation,
accountability, and transparency in environmental decision-making. Kaine-Haas said that environmental
governance prioritizes participation in effective environmental monitoring action. Environmental
protection is also strengthened by other elements such as participation, transparency, legal certainty,
responsiveness, consensus orientation, inclusiveness, effectiveness, efficiency and accountability; these

become fundamental elements of the principle of good environmental governance [5].

Government policies are significant to build, manage and protect the environment. The
government policy preparation stage has an essential role because the government has to implement the
principle of good environmental governance. Good management of the environment will have a good
effect on society and the environment because it will also increase the quality of life and reduce health
expenses.
In the era of local government, which has more authority to prepare decisions to increase the
economy, natural resources, and social welfare, implementing good environmental governance must be
overseen. As stated in Article Number 70 para 1 Environmental Law, society participation rights have
the same rights and obligations as wide as possible with an active environmental management and
protection action. Society participation is needed because they know much better about the natural
condition of the surrounding, so it is hoped that they will have more concern about environmental
management.
Good environmental governance started from the principle of good governance used in
environmental matters. It is advised for governance in the decision-making process to consider wisely
the application submission about development, which may cause damage to the environment. Damages
may arise from some factors, i.e., granting of permits that do not pay attention to the environment,
citizens' behaviour, and unsynchronized regulations which cause environmental damage.
In this case of conversion, the seat reservoir became a luxury housing area, while the seat
reservoir was inside the yard and impacted the reservoir's closure [15]. This irma involved Surabaya
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Government City with PT CS because Surabaya Government issued a decree ------concerning land use
change of customary land of Dukuh Sepat owned by the traditional community ------ land, which had been
expropriated and exchanged and based on Administrative Court in Surabaya ------ strengthened the
Commission of Information East Java Province Number 100/II/KI-Prov ------ decision.Jatim-PS-A-M-
A/2016, dated 24 February 2016, ordered the government of East Java Province------ to give data information
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requested by Walhi. Government action traditionally needed to provide clear and transparent
information to the community was against Article Number 11 Act Number 14 of------ 2008 concerning Public
Information Disclosure. This action was not appropriate with the principle-- Plea
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governance, since the principle of transparency and fairness, and it was essential to ask the community
to participate in managing the land properly.
Environmental governance includes both an ecocentric approach and an anthropocentric
approach, whereas sustainability is interlinked with four key concepts: population, resource,
environment and development [16]. Two approaches have different types; they can not be separated to
develop and maintain the environment, especially in the dynamic conditions of the world and massive
development, which had been swallowed more expenses, destroying the environment and society.
Environment damage will also damage society and decrease economic aspects.
The government's role from the lower to the higher level is essential because some control to
reduce the environmental damage comes from the government, besides the community's behaviour to
respect the environment. Sintang municipal has regulations that apply good environmental governance
principles [17]. The principles of participation, local wisdom, regional autonomy, and a suitable
environment are essential principles the government must consider. They will give guidance and
direction to the local government while managing environmental utilization. Local government should
consider that participatory community prioritizes the local value to develop an environment thatmust be
transparent, accountable, efficient, and fair. Participating in the community is essential becausethey are
part of the environment where they have lived from generation. The community actively fosters, manages,
and takes care of the environment. It also means that local governments are transparent and fair in any
action that might happen during the development process.

4. Conclusion
Rights to a good and healthy environment are fundamental human rights. As a higher authority, the
government should make environment-oriented regulations and policies without ignoring society's
needs. Ecojustice can be understood when the judiciary bodies should implement the principles of good
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 environmental governance in the judge's verdict. Ecojustice also means that everyone is entitled to their
fundamental human rights by the judge's verdict because it has legal certainty of being obliged.
Implementing the principle of good environmental governance is essential to protect and
maintain the environment, as well as it is needed for future generations. Some related principles are
participation of society, transparency, and responsive accountability, which the government must
consider in the decision-making process.

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