Making a Difference Through Law DLU – Development Law U

| © IDLO 2006 – IDLO | Making a Difference Through Law DLU – Development Law Update 1
International Development Law Organization
Via di San Sebastianello, 16
00187 Rome, Italy
[email protected]
Issue 6/2006
trengthening the rule of law and good governance is the main impetus
driving the International Development Law Organization in assisting
developing, transitional and post conflict nations on the path towards
sustainable development and poverty alleviation. Environmental degradation
affects most directly and brutally the poorest communities that rely directly on
their natural environment for their very subsistence. Environmental
sustainability is critical to poverty alleviation, for it underpins long term
sustainable economic and social development. It necessitates the effective
enforcement of a sound environmental law and policy framework that is only
achievable through a paradigm of good governance.
It is in this context that this issue of the DLU proposes to sketch the major
challenges to environmental law and enforcement in Indonesia, and suggests
possible strategies to address them. This issue summarizes the lessons
learned from the 12-week ‘Environmental Law and Enforcement’ workshop
implemented by IDLO at its Asia Pacific Training Centre, Sydney, Australia, for
the first six-week component, in September-October 2005. A select group of 18
Indonesian judges, prosecutors, environmental law enforcement officers and
environmental non-government organizations’ lawyers benefited from the
training which focused primarily on criminal and civil aspects of environmental
law and good governance principles as they relate to environmental law
enforcement. The training workshop was part of phase III of the wider
“Indonesia Australia Specialised Training Project”
(IASTP III), supported by AusAID and the Government
of Indonesia, and managed by Hassall and
Associates International. The implementation was
ensured by a consortium joining IDLO, the University
of South Australia and SAGRIC International. The
second component of the course was delivered by the Centre for
Environmental Management and Compliance, University of South Australia
over October-December 2005.
Lessons learned from the Indonesia Australia Specialised
Training Project, Environmental Law and Enforcement
– In Australia course –
September 19 – December 10, 2005
Protection of the environment and good environmental
management can only be attained by compliance with
environmental laws. The best tool for achieving
environmental compliance is effective and consistent
civil and criminal enforcement of the law.
IDLO РInternational Development Law Organization | OIDD РOrganisation Internationale de Droit du D̩veloppement
Towards Improved Environmental Stringency1 and Environmental Performance2
Indonesia’s Biodiversity > 2
Environmental Issues
Affecting Indonesia > 3
Indonesia’s Environmental
Legal Framework > 4
Improving compliance and
effective enforcement
of environmental law
in Indonesia > 6
Improving the Legal
Framework – Reform of
the Environmental
Management Act > 8
Conclusion > 10
In this issue

Indonesia’s Biodiversity
ndonesia is a rich and diversified archipelagic nation,
with over 13500 islands -6000 of them inhabited- and a
population of 223.8 million (2004) belonging to over
300 ethnic and tribal groups. Recognized as a major world
centre for biodiversity, Indonesia has a wide range of
natural habitats rich in fauna and flora. Its forests harbour
the world’s greatest diversity of palms as well as a great
number of commercially valuable tree species. The
extensive reef systems are among the world’s richest in a
variety of corals, fish and other reef organisms. Indonesia’s
biodiversity is the country’s greatest natural resource, and
is ecologically and economically important. However, it is
also extremely vulnerable.
Development and Environment
he rapid economic growth that has characterized the
policy of Indonesia’s New Order Government since
1966 has intensified environmental pressures
threatening the sustainability of whole sectors of the
economy such as forestry, fisheries and tourism. These
sectors depend on the diversity of the natural ecosystems
and the environmental functions they protect. The
Indonesian population and the region suffer from the
effects of environmental degradation resulting from poor
environmental management practices and inadequate
governance, which threatens the subsistence of the most
vulnerable groups.
2 | DLU – Development Law Update
The Development Law Update (DLU) is published on a
quarterly basis by the Research and Publications Unit of the
International Development Law Organization (IDLO).
The DLU endeavors to provide information concerning
current, important lessons learned pertaining to the
development field, largely based on IDLO videoconference
sessions, Rome-based legal training programs and incountry legal training and technical assistance programs.
IDLO Research and Publications Unit
Via S. Veniero 1a, 00192, Rome Italy
[email protected]
Via di San Sebastianello 16 – 00187 Rome, Italy
tel. (39) 06697 9261 – fax (39) 06678 1946
e-mail: [email protected]
IDLO Distance Learning and Research Center
Via S. Veniero 1a – 00192 Rome, Italy
tel/fax (39) 06 6979261 – fax: 06 39746177
IDLO Sydney / Asia Pacific Training Center
2 Talfourd St – Glebe NSW 2037, Australia
tel. (61 2) 8585 6700 – fax (61 2) 8585 6767
e-mail: [email protected]
IDLO Cairo / Ibrahim F.I. Shihata Regional Center
47 C Abu El Feda St. – Zamalek – Cairo, Egypt
Afghanistan Project Offices
IDLO/ Italian-financed Project: Ansari Square towards Kulala
Pushta, first street on the left, 2nd house, Shari-Now, Kabul,
IDLO/ Canadian-financed Project: Nearby Muslim square
2nd street, Shari-Now, Kabul, Afghanistan
© IDLO 2006 – All rights reserved
The International Development Law Organization (IDLO) is
an international inter-governmental organization dedicated to
promoting the rule of law and good governance in developing
countries, countries in economic transition and in those
emerging from armed conflict.
By doing this, IDLO creates the basis for economic and
social development and favors conditions that are
conducive to improved social justice, increased trade and
investment and more efficient distribution of all forms of
aid. IDLO fulfils its mandate through training, technical
assistance, distance learning, research and publication.
Since its establishment in 1983, IDLO has worked with over
15,000 legal professionals from more than 175 countries
and IDLO Alumni Associations now operate in 41 countries.
The following 18 countries are the current IDLO Member
States: Australia, Austria, Bulgaria, Burkina Faso,
Colombia, Ecuador, Egypt, France, Italy, the Netherlands,
Norway, the People’s Republic of China, the Philippines,
Romania, Senegal, Sudan, Tunisia and the United States of
“Natural forest cover in Indonesia has decreased
from 80% of the land area in the 1960s to 57%
today. Indonesia now has over 100 million ha of
natural forest, the third largest area of tropical
forest in the world, but this is being destroyed at a
rate of 1 million ha a year (or 1% a year).” 3

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Environmental Issues Affecting Indonesia
Indonesia is confronted with a long list of environmental issues affecting land, air, marine and coastal areas at local,
regional and national levels. They range from air and water pollution caused by industrial and domestic sources, illegal
clearing and deforestation (large scale burning for oil palm plantations and small-scale slash and burn for itinerant
farming, as well as illegal logging and trade in timber). In fact, Indonesia has one of the world’s worst deforestation
rates, with an estimated area of the size of Switzerland being lost every year. Indonesia also suffers from decreasing
biodiversity, land and natural resources mismanagement, as well as from the local effects of the global phenomenon of
climate change.
Illegal poaching, trade in protected species, and illegal and unsustainable fishing threaten Indonesia’s biodiversity.
Indonesia is home to two critically endangered species of rhinoceros, the Javan rhinoceros (Rhinoceros javanicus) of
which only about 50 remain in the Ujung Kulon National Park in Banten, and the Sumatran rhinoceros (Rhinoceros
sumatraensis). Poachers have hunted down the rhinoceros for its horns that are used in traditional Asian medicine4
Along with those issues, the large-scale forest fires have recently been among the most serious and prominent on the
international scene. Their devastating effects in Indonesia, which include air pollution, loss of biodiversity and
landslides, are compounded by the transboundary air pollution generated in the region. At the global level, these
effects further contribute to the already critical issue of climate change (emission of large quantities of greenhouse
gases and loss of carbon sink).
Deforestation in Indonesia (source:

Indonesia’s Environmental Legal Framework
International Legal Framework
ndonesia has been actively involved in the development
of an international environmental law framework. As a
member of the World Commission on Environment and
Development (WCED) and a participant to the United
Nations Environment Program (UNEP), Indonesia has
ratified most of the major international environmental
treaties. Once ratified, the treaties
become theoretically part of the
Indonesian domestic law (monist
theory). However, in practice,
judicial decisions rarely refer to
international principles either through lack of knowledge
on the part of the lawyers and the judges involved in these
particular matters or the failure to adopt detailed
provisions of the international agreement into relevant
laws (or both).
Only some international environmental law principles are
reflected in Indonesia’s domestic legislation. The
Environmental Management Act, No. 23 of 1997 (EMA)
appears to support the principles of Environmentally
Sustainable Development (ESD), and by implication its
core elements: the precautionary principle,
intergenerational equity and the polluter-pays principle.
Clauses b., c. and d. of the EMA’s Preamble refer to ESD
and Article 3 of Chapter II
(“Basis, Objectives and Target”
of the Act) states that
“Environmental Management
which is performed with … a
principle of sustainability … aims to create
environmentally sustainable development”.5
Furthermore, the concepts of sustainable development
find expression in the preamble to the Law on Forestry
(Law No. 41 of 1999) which refers to sustainable forestry
management, and in the Government Regulation on
Environmental Impact Assessment (No. 27 of 1999).
4 | DLU – Development Law Update
Field visit at the High Court of Australia (Canberra)
Only some international environmental law
principles are reflected in Indonesia’s
domestic legislation.

Therefore, it is arguable that the Indonesian
administration and courts should be bound by the
core elements of Environmentally Sustainable
Development, as appears to have occurred in
relation to the precautionary principle in the
Mandalawangi Landslide Case.6
Regional Environmental Legal Framework
ndonesia is one of the 10 member countries of
the Association of the Southeast Asian Nations
(ASEAN), created in 1967 with its Secretariat in
The ASEAN founding mandate to promote
economic development and peace in the region did
not mention the environment, but evolved to
include the protection of the environment and the
promotion of sustainable development.
The ASEAN Agreement on the Conservation of
Nature and Natural Resources (ACNNR) was reached
in 1985. At the time, it was considered a most
progressive instrument, despite its weak wording
and lack of effective implementation mechanisms. It
has not to date come into force, failing to reach the
required minimum number of ratifications.
However, the momentum created by this
Agreement has resulted in the development of
regional environmental cooperation, with the
creation of Working Groups on the Environment
(e.g. ASEAN Working Group on Multilateral
Environmental Agreements, ASEAN working group
on Nature Conservation and Biodiversity) and the adoption
of declaration and action plans, such as the Environmental
Education Action Plan (2000-2005).
The unprecedented scale of the Indonesian forest fires of
1997 and the air pollution they generated in the region
inspired the adoption of the Regional Haze Regional Action
Plan in the same year. In 2002, it was followed by the
ASEAN Agreement on Transboundary Haze Pollution (THP).
The THP came into force in 2003, but its purpose is largely
defeated by Indonesia’s failure to ratify it.
The environment reached the top of ASEAN’s agenda in
2003, with the launch of the ASEAN Environment Year.
The theme was “Together Towards Sustainable
Development,” with a pledge to “ensure sustainable
development and poverty alleviation, which includes the
implementation and expansion of afforestation and
reforestation programmes, the careful management of
natural resources and the ratification of the Kyoto
The development of a regional environmental law
framework is encouraging. But for a variety of reasons,
including a lack of political will, it has failed so far to bring
practical solutions to Indonesia’s current environmental
Domestic Environmental Legal Framework
With the 1972 UN Stockholm Conference on the
Environment came the emergence of environmental
| DLU – Development Law Update 5
Training Session at the IDLO Asia-Pacific Training Center (APTC) in Sydney
IASTP Group Work at the APTC

issues on the international scene. In Indonesia, it
prompted the establishment of the Office of the State
Minister for the Environment and the enactment of the
Environmental Management Act (EMA) No. 4 of 1982
replaced in 1997 by the EMA No. 23 of 1997. This Act and its
implementing regulations are set in the broader context of
the state policies passed every 5
years by the People’s Consultative
Assembly (the Garis-garis Beluar
Haluan Negara (GBHN) and the
REPELITA (5 year development
Plan), which have since the early seventies progressively
entrenched the concepts of sustainable development and
natural resources management. The EMA must also be
read in the context of other natural resources management
acts, such as the Forestry Act No. 41 of 1999, and the
Fisheries Act No. 31 of 2004, and associated regulations
and decrees.
From 1990, the non-ministerial Environmental Impact
Management Agency (BAPEDAL) assumed the bulk of the
responsibility for the implementation of environmental
laws, allowing the Ministry of the Environment to address
policy formulation and coordination. In 2002, as part of
the decentralization process, the functions of the
BAPEDAL were fused into the Office of the State Ministry
for the Environment. Environmental Non-Government
Organizations strongly opposed this reform arguing that
“the state ministry deals only with policy not
practicalities and therefore is not equipped to deal with
Bapedal’s functions as the supervisor and lawenforcement body,” and that the reform would result in
the loss of the power to issue permits, to make legallybinding regulations and opinions, to control and carry out
investigations on environmental offences at a national
level.7 Responsibility for environmental management was
transferred to the local (provincial and district)
governments’ agencies (BAPEDALDA).
Improving compliance
and effective enforcement
of environmental law
in Indonesia
rotection of the environment and good
environmental management can only be attained by
compliance with environmental laws. The best tool
for achieving environmental compliance is effective and
consistent civil and criminal enforcement of the law.
Despite the increased recognition of the importance of
resolving the many urgent environmental issues and the
apparent political will to do so, cultural, economic,
political, legal and geographical factors combined with a
lack of resources and technical skills hinder Indonesia’s
ability to address these issues effectively.
The future strategy to promote
effective enforcement of
environmental law in Indonesia
may involve strengthening its
institutional capacity to manage and enforce
environmental law, improving the legal and regulatory
environmental framework and increasing public awareness
and participation.
Institutional Capacity Building
he intricacy of Indonesia’s legal and regulatory
framework, the highly complex prosecution and civil
enforcement processes and the lack of institutional
capacity in environmental law jointly contribute to poor
environmental law enforcement.
Judicial Training
ndonesia has no specialized environmental law courts.
Environmental cases are heard by the general and
administrative courts as well as the Supreme Court on
A relatively small number of environmental cases reach
the courts. When they do, the plaintiffs are often faced
with powerful and resourceful business interests.
Through the IASTP Environmental Law and Enforcement
training, both in Indonesia and in Australia,
approximately 1000 Indonesian judges have been
equipped with enhanced knowledge of the complex
environmental legislative and regulatory framework,
relevant legal concepts such as strict liability, standing
and class action, and environmental law principles such
as environmental sustainable development (ESD), the
precautionary principle, the polluter pays principle, and
intergenerational equity. This on-going training of the
judges in environmental law is essential to ensure a fair
hearing of prosecuted cases, to promote enforcement,
deter environmental violations and encourage
6 | DLU – Development Law Update
The best tool for achieving environmental
compliance is effective and consistent civil
and criminal enforcement of the law.

Prosecution of Environmental Law Violations
No matter how extensive and effective the training of
Indonesian judges in environmental law may be, it is
of little value if appropriate cases do not reach the courts.
The relatively small number of cases of environmental law
violations being prosecuted or otherwise pursued through
the courts may be caused by a variety of factors, including
the lack of resources and
corruption. Other causes relate to
geographic isolation, particularly in
the smaller islands where legal
mechanisms are difficult to
implement, and where there is a lack of available technical
and legal expertise to gather circumstantial and expert
Technical skills in investigation and prosecution are
essential to a successful use of the Indonesian legal
system to address the more severe breaches of
environmental legislation.
Evidence gathered must be technically and forensically
valid, which requires the effective use of environmental
experts and the gathering of evidence based on generally
accepted international protocols. This becomes
particularly critical with respect to environmental breaches
where complex scientific dispute may arise regarding
matters such as causation and the environmental effects of
the alleged activities, particularly in the longer term.
The use of scientific tools, such as satellite imagery may
be developed and promoted as a powerful and effective
tool for the investigation and the prosecution of illegal
clearing and forest fires.
Government officials (e.g., from
the environmental agencies or
the Ministries of Forestry and
Fisheries) under Indonesian environmental legislation do
not have the power to investigate or prosecute
environmental violations. These cases must be
investigated by the police before being presented to the
courts by a prosecutor. It is therefore critical to train both
police and prosecutors in environmental law to improve its
enforcement. As indicated above, the enhancement of
investigation skills is important and would be assisted by
the development of national environmental investigation
guidelines or standards. Environmental prosecution
guidelines would also be valuable in the prosecution of
environmental cases.
| DLU – Development Law Update 7
It is therefore critical to train both police
and prosecutors in environmental law
to improve its enforcement
Participants to the IASTP III, Environmental Law and Enforcement-In Australia-training session at the APTC (Sydney)

Jurisdictional Issues
ndonesia is divided into 27 provinces, which are subdivided into regions and further divided into districts.
The multiplicity of jurisdiction over environmental
matters results in uncertainty and constitutes a major
hurdle for the effective enforcement of environmental
Jurisdictional issues appear at two levels: horizontally
between ministries/government departments and
agencies, and vertically between national, provincial,
regional and local authorities.
The respective jurisdiction of the Office of the State
Minister/BAPEDAL and that of other sectoral ministries
(Ministry of Forestry, Ministry of Agriculture and Ministry
of Industries) are not clearly divided and overlap. The
same issues appear at the provincial/local level.
The implementation of the decentralization and regional
autonomy policy has given local government bodies a
major role in the protection of Indonesia’s environment
and the management of its natural resources. The
division of responsibilities between national, provincial,
regional and local agencies is also subject to
overlapping legislatures creating more uncertainty.
This situation is conducive to apathy and poor
enforcement. When environmental damage occurs, lack
of certainty about which agencies have competence can
lead to none of them taking action to address the
environmental violation. For instance, the 1997 forest
fire crisis revealed the uncertainty as to whether the
Forestry or Industry government agency or local
authority would be responsible for the pollution
generated by the fires.
Good Governance and Environmental Law Enforcement
Good governance, defined as the “commonly shared
goal on accountability, transparency, participation,
rule of law, predictability, responsiveness, consensus,
equity, effectiveness and efficiency, and strategic
vision”8 is a prerequisite to strengthening enforcement
of environmental law.
Corruption is recognized and has been documented
as a significant issue in Indonesia inhibiting
8 | DLU – Development Law Update
Improving the Legal Framework –
Reform of the Environmental
Management Act
The central piece of Indonesian environmental
legislation, the Environmental Management Act (EMA)
No. 23 of 1997 was an improvement on the EMA of 1982
it replaced. However, its effectiveness may be improved
by addressing its major weaknesses. Some of the
improvements suggested by participants in the 2005
IASTP Environmental Law and Enforcement Course
relate to the following:
• Widening the standing provisions to encourage civil
enforcement breaches to the act (open standing for
civil enforcement);
• Recognizing a full range of administrative
enforcement tools (art. 25);
• Allowing for government officials to prosecute
breaches of environmental law;
• Imposing the new requirement of obtaining an
environmental licence from the relevant
environmental authority for certain types of
activities that are likely to cause significant
environmental pollution/damage and then creating
new offences under the EMA:
> to not have a licence; or
> to breach the conditions of a licence;
• Adding penalties for contempt of court in civil
proceeding when court orders are not implemented
(contempt of court);
• Increasing the penalties for breach of the Act;
• Improving the drafting of the act to reduce the
scope for conflicting interpretations of its provision
and the opportunity, in case of breach, of non
prosecution for lack of certainty;
• Clarifying the definition of some terms, for example
“environmental pollution” and “environmental
damage” (articles 41 and 42);
• Improving consistency of the provisions within the
Act; and
• Ensuring compatibility of the EMA and other Acts or
regulations (see below).

effective enforcement of environmental law.9 Powerful
business interests have the resources to ‘persuade’ the
police, government officials and judges to overlook
environmental law violations, to deter witnesses from
testifying and to influence the outcome of court cases.
In the last few years, the Government of Indonesia has
displayed its political will to promote good governance
and combat corruption with the adoption of the Law 28
of 1999 on “Clean government and freeing Indonesia
from corruption, collusion and nepotism” and the
establishment of a Corruption Eradication Commission
The strong correlation between good governance and
good environmental results is highlighted in the
conclusions of the Yale and Columbia Universities’ Pilot
2006 Environmental Performance Index presented at the
Davos World Economic Forum in 2006. It concludes that
“Good environmental results correlate significantly with
good governance. Policy emphasis at the national and
global levels on establishing the rule of law, eliminating
corruption, promoting a robust policy dialogue, and
setting up effective regulatory institutions appears fully
Public Participation is one of the core concepts of
good governance critical to the effective enforcement
of environmental law. Indonesian environmental
legislation formally acknowledges public participation:
Chapter III “Community rights, obligations and role,”
Article 5 of the EMA provides that “Every person has the
right to environmental information which is related to
environmental management roles” (Art.5 (2)) and that
“Every person has the right to play a role in the scheme of
environmental management in accordance with
applicable laws and regulations” (Art. 5(3)). The
Government Regulation No. 27 of 1999 on Environmental
Impact Assessment and the Decree of the Head of
Environmental Impact Management Agency (Bapedal)
No. 8 of 2000 further provide for access to information
and public participation. However, in practice, wide gaps
are revealed in the opportunities for public participation.
In relation to environmental impact assessment, the
timeframe allocated for submissions restricts public
participation. “With a mere 45 days allocated for the
development of the ANDAL and related documents,
citizens and environmental groups have little time to give
proper regard to the impact of the project. The narrow
timeframe also restricts their ability to make submissions
during the EIA assessment period.”11
Effective public participation is hindered by ineffective
procedures to guarantee public access to information.
While access to information is a right entrenched in the
second amendment of the Indonesian Constitution
(Undang-Undang Dasar 1945),
12 public access to
information proves often difficult due to the complex
bureaucracy involved in obtaining information, the
absence of clearly defined mechanisms to obtain
information, the lack of explicit standards for
exemptions to disclosure requirements, the lack of
human resources available to support information
management and service to the public, and the lack of
awareness of the public on their right of access to
Public Awareness of Environmental Issues and of
Legal Enforcement Mechanisms is essential to the
prevention of damage to the environment and to the
prosecution of environmental law violations. It can
discourage ‘traditional’ practices detrimental to the
environment—e.g. fishing with explosives destroying
the reef and fish habitat or ‘slash and burn’ itinerant
farming practices—although the social and economic
dimensions of such unsustainable practices should not
be dismissed. Raising the awareness of the public on
their right to a clean and healthy environment and on
their legal standing (including in the context of class
actions) may contribute significantly to the reduction of
environmental degradation in Indonesia. It may also
lead to realistic consideration of economic alternatives
for those whose living increasingly depends on
exploiting the country’s natural resources, often by
damaging methods.
The development of Environmental Non-Government
Organisations (ENGOs)14 has played a leading role in
raising awareness of environmental issues in Indonesia,
and in the enforcement of environmental law. ENGOs
have initiated most of the landmark environmental
cases. The EMA (Art. 38) grants ENGOs standing to sue in
the name of the environment. ENGOs also play an
important role in raising the profile of environmental
issues, conducting environmental educational and
research activities, as well as lobbying the government
and the international community.
| DLU – Development Law Update 9

his DLU has sought to give an overview of the main
challenges to effective enforcement of environmental
law in Indonesia and the role that strengthening
institutional capacity, improving the legal and regulatory
framework and promoting good governance can play in
overcoming these challenges.
IASTP III Environmental Law and Enforcement – in Australia
2005 graduates are now, along with the project’s alumni,
better equipped to contribute to address Indonesia’s
environmental issues, commencing with the
implementation of the Action Plans they designed with the
support of their mentors during the course.
However, enhancement of technical skills contributes only
partially to resolving the conflict between Indonesia’s need
for economic development in Indonesia and the need to
protect the country’s natural resource base effectively.
The demands on Indonesian governments to provide for the
needs of over 200 million people in a developing economy
are enormous and there is an inevitable temptation to ignore
longer-term consequences in order to meet more immediate
It is arguable that a meaningful commitment by the national
Indonesian government to the principles of ecologically
sustainable development could start to address this
problematic dilemma. However, such a re-direction
requires political will by the country’s national and
provincial governments and the support of the international
community. In the latter case, developed economies must
recognize that it is very much the consumption patterns of
western societies that are contributing to the loss of some
of the most precious resources of developing countries –
such as their forests. Fundamentally, in developing as in
developed countries, progress on the challenging road to
improved environmental stringency and environmental
performance, depends on laying the foundations of
sustainable development, good governance, the rule of law
and compliance.15
10 | DLU – Development Law Update
Field visit at forests in New South Wales (Australia)

1 Environmental stringency indicator captures the extent to which the country has in place institutions and policies
that result in effective responses to environmental problems. IMF Working Paper The Rule of Law and the Pattern of
Environmental Protection, Per B. Fredriksson and Muthukumara Mani, March 2002, at
2 The Pilot 2006 Environmental Index, released at the Davos World Economic Forum 2006, ranks Indonesia 79 out of
133 countries worldwide on the Environmental Performance Index (EPI), a measure of “how close a country comes to
established goals” based on a series of 16 indicators ranging from Child mortality to Co2 per GDP. Source: The Pilot
2006 Environmental Index , Center for International Earth Science Information Network (CIESIN), Columbia University,
and Yale Center for Environmental Law and Policy (YCELP), at
3 FAO State of the of the World’s Forests, quoted in, Friend of the Earth – Indonesian Forest Fires Briefing (1997),
available at
4 ‘Poachers, loggers put Sumatran rhino on brink of extinction’, The Jakarta Post, 3 January 2006, available at
5 The Precautionary Principle – Its Origins and Role In Environmental Law by David Cole, Environmental Law and
Enforcement Alumni Bulletin, April 2005, Vol. 2#1
6 Mandalawangi Landslide Class Action Case (Civil Litigation). N0.49/PDT.G/2003/PN.District Court Bandung, 4
September, 2003, quoted in David Cole Ibid Footnote 5
7 Environmentalists oppose scrapping of Bapedal, Tertiani ZB Simanjuntak, The, 10/01/02,
at <>.
8 IASTP III Generic module – training guide p 15 – AusAID & HAI
9 Indonesia is ranked 134 out of the 158 countries on the Transparency International 2005 Corruption Perception Index
(CPI), with a score of 2.2.
10 Ibid Note 2- Full Report at pg. 46- See also pg. 27.
11 Sugianto (1996:6) quoted in The Primacy of Development: Environmental Impact Assessment in Indonesia and
Australia, Margaret A Young, Asian Law, Vol. 1, 1999
12 Article 28F of the Indonesian Constitution states that “Everybody has the right to communicate and the right to
information to develop his/her personal and social environment, and has the right to seek, receive, possess, keep,
develop, and give the information by any means.”
13 Indonesian Centre for Environmental law (ICEL), Access to Information, Participation and Justice in Indonesia,
05/04/2005 at <> and
Indonesian NGO Movement for Public Access to Information &The Struggle for Enactment of a Freedom of Information
Act, Josi Khatarina (ICEL), Conference on Freedom of Information and Civil Society in Asia held by Information
Clearinghouse Japan in 13-14 April 2001, at
14 In particular, WALHI and the Indonesian Centre for Environmental Law (ICEL).
15 “Wealth and a country’s level of economic development emerge as significant determinants of environmental
outcomes. But policy choices also affect performance (…). In this regard, good governance appears highly correlated
with environmental success” Source: The Pilot 2006 Environmental Index, Ibid note 1.
| DLU – Development Law Update 11

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and Regulatory Frameworks in the Asia
Pacific Region (In English)
Sydney, Australia – Septemebr 11-23
Training workshop on “Civil
Procedures” (in French) – Nouakchott,
Mauritania – September 11-15
Training workshop on “Criminal Law”
(In French) – Nouakchott, Mauritania –
September 18-22
For further informations visit

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