Enhancing Environmental Law Enforcement in Indonesia: Integrating Climate Justice into Judicial Legal Reasoning
Tri Laksmi Indreswari, Anggita Doramia Lumbanraja, Aga Natalis
This study seeks to investigate the pressing need for incorporating climate justice into the legal reasoning of judicial decisions to enhance the efficacy of climate policy enforcement. This research sheds light on the challenges encountered by Indonesian judges by employing qualitative methods and relying on literature studies within the field of law. The findings demonstrate that Indonesian judges frequently adhere to the prevalent civil law system tradition, which results in rigorous decision-making processes and oversimplification of complex cases. In the context of climate justice, judges must comprehend the interconnectedness of the climate policy system beyond statutory regulations. Therefore, legal reasoning emerges as an indispensable mechanism for incorporating climate justice into judicial decisions. By employing sound legal reasoning, judges can integrate climate justice principles into their arguments, thereby ensuring that their decisions contribute to environmental protection, climate change’s effects, and the promotion of social and intergenerational equity.
Keywords: Climate justice, Climate policy, Legal reasoning, Indonesian judges