Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)

Fighting for Ecological Justice Through Administrative Court: A Case Study of the Verdict of Makassar Administrative Court in Indonesia

Authors
Francisca Romana Harjiyatni, Meicke Caroline Anthoni
Corresponding Author
Francisca Romana Harjiyatni
Available Online 14 December 2020.
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/).

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Volume Title
Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
14 December 2020
ISBN
978-94-6239-295-3
ISSN
2352-5398
DOI
10.2991/assehr.k.201209.324How to use a DOI?
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  -