Fighting for Ecological Justice Through Administrative Court: A Case Study of the Verdict of Makassar Administrative Court in Indonesia
- DOI
- 10.2991/assehr.k.201209.324How to use a DOI?
- Keywords
- Ecological Justice, Administrative Court, Court Verdict
- Abstract
The struggle for environmental justice through this court often fails, including the struggle of the Indonesian Forum for the Environment (WALHI) through the Makassar State Administrative Court. More specifically, this paper discusses: 1) WALHI’s reasons to sue Makassar State Administrative Court; and 2) WALHI’s struggle to obtain ecological justice through Makassar State Administrative Court. This study is a doctrinal study, which examines legal materials covering legislation, legal theory, legal concepts, decisions of government officials, and court decisions. The approaches used were the statue approach, conceptual approach, and case study approach. The results of the study were analyzed qualitatively. The results of the study show that: 1) the reason WALHI filed a lawsuit against Makassar State Administrative Court was because of the Reclamation Location Permit in the Indonesian Integrated Business Center Area in the Province of South Sulawesi as the Provincial Strategic Area had the potential to cause ecological damage; 2) The Makassar State Administrative Court has not accommodated justice for future generations of both human and non-human species generations. The judge argued that environmental damage/pollution that had not yet occurred could not be used as an excuse to sue the State Administrative Court.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Francisca Romana Harjiyatni AU - Meicke Caroline Anthoni PY - 2020 DA - 2020/12/14 TI - Fighting for Ecological Justice Through Administrative Court: A Case Study of the Verdict of Makassar Administrative Court in Indonesia BT - Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020) PB - Atlantis Press SP - 440 EP - 446 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.201209.324 DO - 10.2991/assehr.k.201209.324 ID - Harjiyatni2020 ER -