Case Study – Indonesian Environmental Law and Enforcement

Global education seeks to enhance equity in the world while multiculturalism seeks to impart knowledge on national values. In the article, there is exemplification of global education through recognition of the impact of environmental degradation on world climate change. There is concern that the continued deforestation in Indonesia is leading to reduction in forest cover (International Law Development Organization, 2006). The seminar brings an understanding of the consequences of illegal logging activities to the world. Further, global education highlights the impact of forest fires that contributes to green gases that cause global warming (International Law Development Organization, 2006). Indeed, the article highlights that such gases pollute the air and have potential to lead to increasing temperatures on earth.  Through the article, it is also notable that Indonesia is a leading country that suffers from high rate of deforestation in the world. Reports show that Indonesia losses over one million hectares of forest every year (International Law Development Organization, 2006). The trend affects negatively the forest cover in the world. 

A multicultural education perspective is evident in the article through recognition of contribution of the society to environmental degradation. The locals are involved in activities such as unsustainable fishing and illegal poaching in the country (International Law Development Organization, 2006). The effect is endangering of wild species such as rhinos. Indeed, java rhinoceros is a common target for the poachers and such a trend may lead to extinction of the species in future (International Law Development Organization, 2006). The Indonesian people further recklessly start wild fires that consume large tracts of forest in the country. The behavior reduces carbon sink that is necessary in absorbing green gases firm the environment (International Law Development Organization, 2006).

How the Environmental Law and Enforcement Workshop Could Possibly Prepare Its Attendees to Address the Myriad Unique Challenges That Indonesian Context Might Pose

The workshop is likely to influence positively the response of different stakeholders such as government, prosecutors, judges and the public in protecting the environment. The judicial institution will be able to decongest environmental cases that are available in the administrative courts. Currently, there are no specialized courts to handle environmental cases.  Actually, the Supreme Court and administrative courts handle such cases (International Law Development Organization, 2006). The available courts lack the jurisdiction and ability to handle environmental cases and this result to continued environmental degradation in the country. However, through the workshop, judges are equipped with necessary regulatory and legal framework for handling environmental issues. Actually, the judges are now conversant with concepts such as precaution principle, strict liability, class and standing action (International Law Development Organization, 2006). The knowledge will enable the courts to make judgments in the interest of the environmental conservation. 

On the other hand, prosecutors from the workshop will be able to identify different violations on environment and seek evidence to prosecute violators. The workshop offers the prosecutors legal and technical expertise to pursue and present in courts culprits of environment degradation (International Law Development Organization, 2006). The training offers the team ability to gather circumstantial evidence that is necessary in prosecuting offenders. Indeed, the prosecutors will be able to argue their case on basis of environmental laws and mention the clauses that victims violate. The government on the other hand will embrace scientific tools that help in capturing forest fires and illegal logging (International Law Development Organization, 2006). The government will further make new regulations that empower its agencies such as forestry ministries to prosecute (International Law Development Organization, 2006).

Hypothesis of Extent to Which Instructional Interventions Would Reduce Future Degradation of Indonesian Environment

Instructional interventions such as embracing of legal frameworks from international bodies will help judges to consider ratification of global environmental treaties. Currently, Indonesian judges rarely rely on international principles when making ruling on environmental degradation issues (International Law Development Organization, 2006). The influence is from possible lack of adequate knowledge by the judges and lawyers involved in such cases. However, through the workshop, judges will make efforts to consider international regulation on environment when making judgments. The impact is reduction of activities that contribute to environmental pollution. On the other hand, the legislators will support different principles that enhance environment sustainability. Environment Management Act seeks to operate within core principles of intergenerational equity, precautionary principle and polluter-pays principle (International Law Development Organization, 2006). The resultant of such approach is enforcement of laws that cautions public against environmental pollution.  

The government will depend on instructional intervention through ensuring that individuals culpable of environmental degradation face justice. The Indonesian government is willing to support and implement  different Acts such as Forestry Act of 1999 and Fisheries Act of 2004 (International Law Development Organization, 2006). The regulations stipulate the role of different stakeholders in protecting the natural environment and promoting a sustainable country. Further, the government will remove barriers such as economic and culture behaviors that encourage environment degradation. Government is committed in strengthening capacity of law enforcement in relation to the environment (International Law Development Organization, 2006). Additionally, the government will promote good governance through embracing efforts that tackle corruption that hinder environment protection efforts. The government is promoting this through upholding values of accountability, rule of law and transparency (International Law Development Organization, 2006).

Argument That Convinces Government Officials to Educate Local Citizens and Law Makers to Prevent Future Damage to the Environment

The government has responsibility of educating its people on their role in promoting environmental conservation in their country. Indeed, every citizen has a right to access information that relates to the environment conservation (International Law Development Organization, 2006). Through educating the public, the government empowers them to understand environmental management measures. Additionally, the education allows the public participate in efforts of environmental conservation and engage government in areas that are unclear to them. Further, the education allows the public to challenge policies such as 45 days given in development of environmental policies (International Law Development Organization, 2006). Knowledge allows the public to access necessary information that builds their capacity to challenge ineffective environmental regulations. 

However, the implementation of public education and empowerment is only available if government reduces bureaucracy that guides environmental conservation measures. Currently, the current complexity of obtaining information from government hinders public from participating in environment sustainability efforts (International Law Development Organization, 2006). Further, through education, the public is able to avoid practices that are detrimental to the environment. The government requires offering education that guides people on the dangers of practices such as itinerant farming and explosive fishing that destroy reefs (International Law Development Organization, 2006). Through public awareness on rights to healthy and clean environment, the people are likely to support government sustainability efforts. Further, the education offers the public opportunity to understand class actions against individuals who pollute the environment (International Law Development Organization, 2006). However, the efforts cannot work without the government considering offering alternatives economic activity for individuals who depend on exploiting natural resources. 

ReferencesInternational Law Development Organization. (2006). Strengthening Environmental Law Compliance And Enforcement In Indonesia: Towards Improved Environmental Stringency and Environmental Performance. Retrieved January 16, 2019, from: http://www.idlo.org/publications/30.pdf