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Experience with public interest litigations
Access to justice
Right of community and environmental organization to bring legal actions under the Indonesian Law Concerning Environmental Management
The right to bring a class of action to court
- Article 37 of the Indonesian Law Concerning Environmental Management provides community with the right to bring a class of action to court and/or report to law enforcers concerning various environmental problems which inflict losses on the life of the community. In the scheme of implementing responsibility for environmental management consistent with a partnership principle, environmental organizations have the right to bring a legal action in the interest of environmental functions as specified by Article 38, whereas the said environmental organizations have the right to bring a legal action if: they have the form of a legal body or foundation; in the articles of association of the environmental organization it is stated clearly that the goal of the founding of the organization concerned was in the interests of the preservation of environmental functions; and activities consistent with its articles of association have already been carried out. Then Article 39 advises that procedures for the submission of legal actions in environmental problems by individuals, the community, and/or environmental organizations refers to the applicable Civil Procedures Law.
Standing of environmental organization
Not every environmental organization can act in the name of the environment; rather they must fulfill certain conditions. With the existence of the conditions earlier mentioned, environmental organizations are selectively acknowledged to possess ius standi to bring a legal action in the name of the environment to court, both in general courts and in administrative courts, depending upon the competency of the court which is involved with investigating and trying the case in question.