Courts and the Environment
Show Less

Courts and the Environment

Edited by Christina Voigt and Zen Makuch

This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 13: Enhancing corporate responsibilities to fulfil the right to a clean environment: a lesson learned from Indonesian courts

Yetty Komalasari Dewi and Anbar Jayadi

Abstract

This chapter argues that the right to a clean environment is pivotal for every person in Indonesia, as it is guaranteed by Article 28H of the 1945 Constitution of the Republic of Indonesia. Moreover, in the context of the corporate field, this right is further elaborated in Article 74 of the Law on Limited Liability Companies, and Article 2 of the Government Regulation on Corporate Environmental and Social Responsibilities (CESR) for Limited Liability Companies. Both regulations stipulate that companies must have CESR programmes. Those provisions are intended to ensure that the company has the obligation to protect the environment, not merely focusing on the business side. However, neither regulations have substantive requirements on CESR itself. This chapter discusses how the absence of these substantive requirements on CESR will affect how the government ensures the fulfilment on the right to a clean environment through the company’s programme on CESR. To give a more comprehensive view, this chapter will scrutinize relevant cases in Indonesian courts, namely the civil lawsuit against PT Bumi Mekar Hijau and the citizen lawsuit against the government agencies/bodies by Gerakan Samarinda Menggugat. Drawing lessons from those two cases, this chapter concludes that here is an opportunity in enhancing CESR, namely by setting human rights due diligence as part of the substantive requirements in the CESR regulations in Indonesia so that the right to a clean environment can be ascertained in a full manner.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.