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TAKDIR RAHMADI JUSTICE / A MEMBER OF THE WORKING GROUP OF THE CAPACITY BUILDING OF JUDGES IN ENVIRONMENTAL LAW. THE INDONESIAN JUDICIAL CERTIFICATION PROGRAM ON THE ENVIRONMENT. WHY DOES THE SUPREME COURT OF INDONESIA ADOPT THE JUDICIAL CERTIFICATION ON THE ENVIRONMENT?.
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TAKDIR RAHMADI JUSTICE/A MEMBER OF THE WORKING GROUP OF THE CAPACITY BUILDING OF JUDGES IN ENVIRONMENTAL LAW THE INDONESIAN JUDICIAL CERTIFICATION PROGRAM ON THE ENVIRONMENT
WHY DOES THE SUPREME COURT OF INDONESIA ADOPT THE JUDICIAL CERTIFICATION ON THE ENVIRONMENT? • INDONESIA HAS FACED ENVIRONMENTAL PROBLEMS (water, marine and air pollution, deforestation/illegal logging, illegal trade of protected species). • THE COURTS/JUDGES PLAY IMPORTANT ROLE AND RESPONSIBILITY TO PROTECT THE ENVIRONMENT THROUGH THEIR DECISIONS TO ENSURE SUSTAINABLE DEVELOPMENT AS ESTABLISHED IN THE ENVIRONMENTAL ACT IS REALIZED
CONTINUED... • ENVIRONMENTAL LAW IS A RELATIVELY NEW AND COMPLEX FIELD OF LAW: elements of torts, criminal law, administrative law, technical instruments: environmental impact assessment, licenses, environmental standards, relying on scientific evidence and principles of international environmental law. • CERTIFICATION PROGRAM IS A PRACTICAL WAY, AS IT IS UNDER THE AUTHORITYOF THE SUPREME COURT, COMPARED TO THE ESTABLISHMENT OF ENVIRONMENTAL COURT AS SOME OTHER COUNTRIES HAVE DONE. • THE LATER HAS TO GO THROUGH POLITICAL PROCESS WHERE THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PLAY MAJOR ROLES.
POLICY MEASURES TAKEN BY THE CHIEF JUSTICE • ESTABLISHING THE WORKING GROUP (WG) FOR JUDICIAL CERTIFICATION ON THE ENVIRONMENT. • THE WG IS LED BY A CHAIR (THE JUNIOR CHIEF JUSTICE IN ADMINISTRATIVE LAW CHAMBER/COORDINATOR OF JUDICIAL REFORM TEAM), AND MEMBERS OF THE WG COMPRISE: TWO JUNIOR CHIEF JUSTICES OF CRIMINAL AND PRIVATE CHAMBERS, A JUSTICE, A JUDGE OF COURT OF APPEAL, 6 JUDGES OF FIRST INSTANCES, REPRESENTATIVES OF THE MINSITRY OF THE ENVIRONMENT AND OF ENVIRONMENTAL NGO (ICEL).
THE TASKS OF THE WORKING GROUP • PREPARES : (1) DRAFT OF THE CHIEF JUSTICE’S DECREE CONCERNING JUDICIAL CERTIFICATION ON THE ENVIRONMENT, (2) CURRICULUM FOR ENVIRONMENTAL LAW TRAINING FOR JUDGES, (3) GUIDELINES FOR JUDGES IN HEARING ENVIRONMENTAL CASES, (4) METHODS/PROCEDURE FOR SELECTING TRAINEES CANDIDATES AND ESTABLISHING CRITERIA OF COMPETENCY , (4) PROGRAMMING SCHEDULES FOR TRAININGS FOR TRAINER (TOT) AND CERTIFICATION TRAININGS, (5) PROPOSE METHODS/PROCEDURES OF EVALUATION AND MONITORING THE CERTIFICATION PROGRAMS.
THE WG WORKED WITH OTHER NATIONAL AND INTERNATIONAL/FOREIGN PARTNERS • THE INDONESIAN MINISTRY OF THE ENVIRONMENT. • AECEN. • ADB. • US EPA.
WHAT HAVE BEEN ACCOMPLISHED • THE CHIEF JUSTICE HAS ISSUED THE DECREE NUMBER 134 OF 2011 CONCERNING ENVIRONMENTAL CERTIFICATION FOR JUDGES. • PROPOSED CURRICULUM FOR ENVIRONMENTAL LAW TRAININGS FOR JUDGES (subject to continuous revision in accordance with current development of certification) • GUIDELINES FOR JUDGES IN HEARING ENVIRONMENTAL CASES. • THE CHIEF JUSTICE HAS FORMED THE SELECTION COMMITTEE FOR TRAINEES CANDIDATES. • REFRESHING COURSE I
BRIEF RULES UNDER THE CHIEF JUSTICE DECREE • CANDIDATES OF THE CERTIFICATION PROGRAM ARE RECRUITTED FROM THE SELECTION PROCESS. • ONLY JUDGES WHO HAVE ENVIRONMENTAL CERTIFICATES ARE QUALIFIED TO HEAR ENVIRONMENTAL CASES AT THE COURT OF FIRST INSTANCES AND OF APPEALS. • IF IN A COURT OF 1ST INSTANCE AND OF APPEAL PANEL OF JUDGES COMPRISING 3 CERTIFIED JUDGES CANNOT BE ESTABLISHED, AT LEAST, THE CHAIR IN THE PANEL OF JUDGES SHALL BE CERTIFIED ONE.
CONTINUED... • IF IN A COURT OF 1ST INSTANCE, THERE IS NO CERTIFIED JUDGE, THE CHIEF OF THE COURT OF APPEAL WHO HAS JURISDICATION OVER THE COURT OF 1ST INSTANCE IS EMPOWERED TO APPOINT A CERTIFIED JUDGE FROM OTHER COURT OF 1ST INSTANCES WITHIN HIS OR HER JURISDICTION, • IF IN A COURT OF APPEAL THERE IS NO CERTIFIED JUDGE, THE CHIEF JUSTICE SHALL APPOINT A CERTIFIED JUDGE FROM OTHER COURT OF APPEALS.
CONTINUED... • IN ORDER TO BE CERTIFIED, A JUDGE HAS TO ATTEND AND PASS FINAL TESTS OF ENVIRONMENTAL LAW COURSES HELD BY THE TRAINING CENTER UNDER THE SUPREME COURT. • THE TRAINING CENTER UNDER THE SUPREME COURT IN COOPERATION WITH THE MINISTRY OF THE ENVIRONMENT, ALSO WITH THE ASSISTANCE OF UNDP, AECEN AND US EPA, HAS INITIATE CURRICULUM FOR ENVIRONMENTAL LAW COURSES: Training for trainers, basic training and advance training.
SURVEILLANCEAND EVALUATION • CERTIFIED JUDGES IN PERFORMING THEIR DUTIES ARE UNDER SURVEILLANCE AND EVALUATION BY THE SUPREME COURT. • FOR THOSE WHO DELIVER GOOD DECISIONS WILL BE GIVEN OPPORTUNITIES TO PARTICIPATE IN THE INTERNATIONAL SEMINAR, WORKSHOPS OR CONFERENCES ON ENVIRONMENTAL LAW.
WHAT ARE NEEDEDTO BE ACCOMPLISHED IN 2012 1. INSTRUMENT FOR CERTIFICATION AMONG OTHERS: • ESTABLISHING CRITERIA FOR TRAINEE CANDIDATES OF CERTIFICATION TRAININGS THAT WILL BE USED BY THE SELECTION COMMITTEE TO SELECT QUALIFIED CANDIDATES • ESTABLISHING CRITERIA FOR COMPETENCY AFTER PARTICIPANTS ATTEND THE TRAININGS. • CONTINUED REFRESHMENT COURSE AND ADJUSTMENT PHASE FOR TARGETED PARTICIPANTS. • ASSESSMENT OF THE NUMBER OF CERTIFIED JUDGES ARE NEEDED. • CREATING PROCEDURES AND CRITERIA TO EVALUATE AND MONITOR CERTIFIED JUDGES. 2. CURRICULUM DEVELOPMENT FOR TRAINING PROGRAMS TO BE CONDUCTED IN 2013 3. THE SELECTION COMMITTEE SELECTS TRAINEE CANDIDATES.
CONTINUED... • REFRESHMENT COURSE FOR TARGETED PARTICIPANTS • CERTIFICATION PROCESS FOR TARGETED PARTICIPANTS • PROGRAMMING SCHEDULES FOR TRAININGS. TRAINING WILL START IN 2013. • THE TRAINING CENTER UNDER THE SUPREME COURT WILL BE IN CHARGE OF HOLDING CERTIFICATION TRAININGS FOR JUDGES. • THE SUPREME COURT WELCOMES ANY ASSISTANCES OF OTHER COUNTERPARTS/ EFFORTS IN ORGANIZING CERTIFICATION TRAININGS SUBJECT TO PROCEDURES ESTABLISHED BY THE GoI.
