Showing posts with label walhi. Show all posts
Showing posts with label walhi. Show all posts
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Special Court for the Environment?

Friday, January 5, 2007

Another Court? Well, Walhi activists deems it necessary:

"It's about time the government considers setting up such a court to ensure those responsible for illegal logging do not always escape justice." Chalid believed judges and prosecutors tended to try illegal logging offenses as "ordinary" crimes and gave perpetrators light penalties or acquitted them.

Sounds like a classic Juridification problem to me. If an institution is not functioning properly, set up another institution in addition to the former. If the the new institution doesn't work, set up another institution to supervise the ailing institution. If the supervising institution cannot properly supervise the supervisee, set up another institution as an oversight body. Consider the corruption, how many institutions do we have? We have the BPK, KPKPN, BPKP, inspectorate general in many state organisations, we have the police, we have of course the beloved KPK, we have the courts (there are two, in fact, state court and corruption court and each may have competence to try the case) and we have the state attorneys. Still, corruption is a problem.

Maybe the Walhi activist have another consideration in their mind. But instead of forming a new court, why not reform the judges selection process and adopt ad hoc judges?