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Access to Environmental Justice in Indonesia

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Chapter Summary

This chapter seeks to explain the paradox of so many disputes and so few litigation and mediation cases. It id divided into two parts. The first part shows that the Indonesian judiciary's record in environmental cases has improved over the past years, and that despite a number of shortcomings the legal framework for environmental citizens' suits is adequate. The second part does the same, though less elaborately, for environmental mediation. The chapter attempt to explain why litigation and mediation are used so infrequently and whether there are any prospects for change. It discusses some of the factors which are likely to have influenced the use made of mediation and litigation, narrowing down from very general issues as the economic situation to more specific ones such as the image of the judiciary. The chapter looks at some of the tendencies which may influence their future use.

Keywords: environmental litigation; environmental mediation; Indonesian judiciary; legal framework



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