Conclusion

CHAPTER V.

CONCLUSION AND RECOMMENDATION

Management in Indonesia are not equipped with the concept of citizen lawsuit. This concept seeks to complement several mechanisms for resolving environmental disputes/cases already stipulated in Act No.32 of 2009 concerning Environmental Protection and Management. Citizen lawsuits enable people to exercise their rights and encourages effective participation in the legal system.

Since the beginning of this concept, access to justice for citizens has been the main goal. The term 'access to justice' is most often used to refer to the various mechanisms by which individuals seek legal pathways to idealized justice. In a country, of course, it has its own procedural law in solving environmental problems whose dimensions of the problem include the fields of administrative law, criminal law, and civil law. Likewise,

civil litigation). Indeed, the civil justice system has provided several procedures for resolving environmental disputes/cases. Among other things, environmental problems that occur between civil law subjects (people and legal entities). The settlement of environmental problems / cases between civil law subjects uses procedures for settling ordinary civil cases which have been clearly regulated in the civil procedural law applicable in Indonesia (HIR and RBg). Then the procedures for solving environmental problems/cases involving community groups and those committing action against the law use class action procedures. In the civil justice system, these procedures have been stipulated through Supreme Court Regulation Number 1 Year 2002 concerning Class Action Procedures which are in line with the principles of civil justice as stated in the HIR/RB

Law are given legal standing (Legal Standing LSM) and the right to sue related to environmental issues and the procedures will also use HIR/RBg. Regarding how to sue state administrators (government) who are negligent in fulfilling the constitutional rights of citizens to an adequate and healthy environment, there are no regulations in the civil justice system that regulate how to sue the government.

Citizen lawsuit is access to justice because it refers to the desire for a form of justice which has not been possible through existing civil justice systems. Access to justice is a fundamental principle of the rule of law. This enables people to exercise their

rights and encourages effective participation in the legal system. The concept of citizen

elements:

a. Quality of access to courts - citizen lawsuit ensures that every citizen with legal capacity and competence as a subject of civil law, whatever the means, has access to courts and the effective dispute resolution mechanisms necessary to protect their rights and interests.

b. National equilibrium - citizen lawsuit provides an equal capacity for all citizens to access processes to enforce existing rights or laws (This perspective assumes that the rule of law provides an effective means of achieving equitable outcomes, ensuring that citizens enjoy, to the extent possible, equal access consistent with national laws and policies.

c. Equality before the law - ensures that when citizens file citizen lawsuit regardless of differences, they are treated equally before the law. Hence, any citizens lawsuit filed to the courts, if appropriate and fulfills the requirements of a lawsuit, will be examined by the court impartially to reach a resolution of the dispute / cases according to the due process of law.

In the framework of access to justice, as a concept, citizens lawsuit includes all the elements needed to enable people to find new hopes for solving legal problems (the environment with the dimensions of the public interest), to find solutions and efforts in order to confirm the offense will not occur in the future, and demand that rights as they are enforceable. Access to justice cannot be achieved if the plaintiffs face many obstacles that prevent them from filing a lawsuit. Access to justice also means that in civil justice systems it must lead to fair results for individuals and the public interest. Thus,

lawsuit concept related to the environmental law enforcement efforts must be acceptable as an access to justice in solving environmental law enforcement problems in Indonesia 2. The application of citizen lawsuit concept in civil justice system in Indonesia, cannot accurately determine the legal standing of citizens as stated in the concept of legal standing in the common law system. As an idea that everyone has a legal standing in citizen lawsuit based on an understanding of environmental protection as a public

interest. A striking difference in the determination of legal standing is associated with sufficient interest. Sufficient interest has traditionally been defined as an interest related to violations of personal rights between civil law subjects but does not concern the public interest. The individualistic vision of traditional procedural legal processes narrows the path to the merging of social conceptions and the interests of the wider community. Such an environment does not guarantee access to justice and requires a transformation to ensures that the Court has a broader view of the legal standing on environmental issues in the public interest dimension.

Regarding legal standing, harmonization with the civil law system in Indonesia does not conflict with existing legal principles. Even though in traditional civil procedural law, legal standing is always associated with the existence of legal interests, comprehending to the concept of access to justice and environmental protection, legal standing without any legal interests and only based on adequate interests does not deviate legally. The shift in the concept of traditional legal standing in Indonesia to the concept of modern legal standing needs to be interpreted as a positive development because of the state s factor as the ruler of nature, the environment and the resources in it and also the interests of the wider community.

a. First, the factor of the state as the ruler of nature, the environment and the resources contained therein is constitutionally regulated in Indonesian Constitution 1945 Article 33 paragraph (3) which results in its sustainability being highly dependent on activities, actions, and governance. policies as state administrators. Then the obligation as state administrators in this regard is regulated in Act No.32 of 2009 concerning Environmental Protection and Management. However, in implementing laws and regulations, sometimes the state administrators neglect its duties and obligations in terms of managing, protecting, and preserving environmental functions. This situation requires citizens as the owner of the right to habitable and wholesome environment as stipulated in Indonesian Constitution 1945 to take corrective and enforcing actions through the law. In order to do so, it is

file a citizen lawsuit.

b. Second, the factor of public interest is always associated with the number of cases and environmental problems that harm the rights of citizens within the scope of the interests of the wider community. Although many environmental organizations have been given legal standing according to Act No.32 of 2009 concerning Environmental Protection and Management, individual citizens are an important pillar of law enforcement in providing protection for the environment. Citizens can move to fight for the interests of the wider community and push for environmental policy reforms even though they actually do not have individual legal interests such as ownership interests and economic interests.

In line with the development of public interest law, the concept of legal standing (standing to litigate) in cases related to the public interest has shifted. An individual or group of people or organizations can act as plaintiffs even though they have no direct interest. Shifting the procedural dimension to decide legal standing is necessary in Indonesia by accepting a rethink about the concept of legal standing for citizens.

Acceptance of re-reasoning of citizens legal standing in the concept of a citizen lawsuit in Indonesia should reduce restrictions on who can file a civil suit. Courts need understanding to go beyond the unnecessary requirements of legal standing to litigate cases involving the public interest. Injury in-fact, cause and effect and redress are the related and determined elements which ensure sufficient interest in having legal standing.

Furthermore, regarding legal standing in the concept of a citizen lawsuit that can be applied in Indonesia, the connection between the injury in-facts (provided that the injury in-fact is detrimental to the public interest), cause and effect is a definite thing that must be proven by the plaintiff. However, redress is imposed in some environmental cases in the U.S. common law system not applicable. If redressability takes the form of a demand for environmental restoration, then the creation of new public policies to provide environmental protection or in the form of future programming for a sustainable environment can be justified. Because what needs to be remembered is citizen lawsuit concept that can be applied in Indonesia, where the defendant is a state administrator, and it is not justified in laws and regulations that the inability or negligence or omission of the state administrator cannot be held responsible and has indemnity which cannot be

measured by the amount of money. The ability to obtain rights will give rise to the obligations of citizens independently who seek to defend environmental interests according to the law for the public interest. Traditional restrictions on legal standing in the public interest due to litigation in the interests of the environment have not been recognized in the past. However, the courts and civil justice system in Indonesia should adopt a more generous approach to determining legal standing so that they can devise an understanding of the legal standing in environmental-related citizen lawsuit.

3. The importance of applying the concept of citizens' lawsuit in Indonesia because it is related to public interest. Public interest is the interest of the wider community or citizens in general in connection with the state obligation to its citizens. Public interest is an interest that must take precedence over personal or individual interests or other interests.

If it is related to the constitutional rights of citizens regarding habitable and wholesome environment, implementing this procedure is an urgency in law enforcement and also for the development of the civil justice system in Indonesia. Moreover, the requirement to obtain habitable and wholesome environment is a right related to the public interest, mandated by the constitution and environmental legislation, which then becomes the legal obligation of state administrators. These legal obligations include obligation to recognize and respect, obligation to protect and obligation to fulfill.

Seen from the number of environmental disputes/cases that occur in Indonesia and how the availability of law enforcement efforts that have been determined in Act No.32 of 2009 concerning Environmental Protection and Management which turned out to be less effective and emergence disputes/new cases that are especially detrimental to the public interest, therefore, in that legislation require an additional provision of environmental law enforcement which aims to protect the public interest which merely provides control for state administration of the three types of legal obligations. Citizen lawsuit is an individual or citizen access to file a lawsuit to the Court for and on behalf of overall citizens or public interest, which is intended to protect citizens from possible losses and violations of their constitutional rights as a result of negligence or omission of state administrators. Citizen lawsuit gives the power to citizens to sue state administrators who commit action against the law in the event of failure to fulfill their

legal obligations in implementing laws and regulations. Citizen lawsuit that can be developed in Indonesia in an effort to enforce environmental law is a concept of lawsuits aimed at state administrators, the citizens only demand in the form of an injunction that the state administrators have to take certain actions (making new policy/regulation which will be correcting, restoring and reforming a condition/situation) without demanding monetary compensation/indemnity with an amount of money. Hence, it is clear that the objectives to be achieved in the concept of citizens lawsuit can be applied in Indonesia are restoration, protection and preservation of the environment.