Professor of Faculty of Law Universitas Indonesia, Rosa Agustina, assesses that Indonesia needs a special court that hears environmental cases in the country with reliable judges so that they can appreciate the true meaning of the environment.
“The environment is complex, not only legal knowledge but also science, knowledge about animals, forestry, conservation and so on,” she said at virtual discussion Bincang Hukum #2 Wildlife in Indonesia loss, damage and sanctions (7/7).
she believes that with a special court dealing with environmental cases, it will be able to assess precisely how much the real loss, for example, about wildlife.
“In my opinion, we need the environmental court, but I don’t know when this will happen,” she said.
This is needed, because in environmental cases, for simple matters, sometimes there are still misunderstandings in court decisions.
For example, regarding whether a lawsuit filed against the law, the court sometimes, on the one hand, says “strict liability” or absolute responsibility, but on the other hand, is against the law. In fact, she said, these two things are different where the action against the law must be proven wrong, while strict liability must not be proven.
In general, for claims that can be submitted due to unlawful acts including compensation in the form of money for losses incurred as well as compensation in kind or returned in its original state.
Then, the statement that the action taken is against the law, prohibits certain actions and negates something done illegally.
“Based on these conditions, it would be nice if the judges who handle environmental cases have sufficient knowledge about the environment itself,” he said.