SYLLABUS ENVIRONMENTAL LAW – Second Semester of 2011/2012DescriptionEnvironment has become our daily issues as the growth of population and its needs became highand higher. The consequences of massive use of natural resources cause the sustainability of ourenvironmental is in the edge of tragedy, well known as “the tragedy of the commons”. The courseof environmental law introduces the legal perspective on environmental matters. It covers broadtopics from the concept of environmental protection to the issue of global warming. The purpose ofthis course is to provide basic understanding on the environmental problems and the applicable lawfor it. The course will discuss the early development of environmental concept, starting from theworld development (Europe and North America) to Indonesia; the concept of environmentalprotection in Indonesia; and discussing on recent issues on environmental matters.ObjectivesThis course aims to provide a basic knowledge of environmental matters and its protection tostudents. More spesifically, this course let the student find out various paradigms, perspectives, andalso approaches to deal with environmental matters.LecturersBefore Midterm1. Abdullah Abdul Patah, S.H., LL.MAfter Midterm2. Wahyu Yun Santosa, S.H., M.Hum., LL.M3. Dr. Jur. Niels WagenknechtTeaching MethodThe issues discussed in this course purposedly aims to provide fair adjusment for students not onlyknowledges on environmental law, but also skills related to the analysis on environmental problemsmight happened in our daily routine, and most important is to input strong values related toenvironmental ethics. Thus the method of the course will be dynamic, not only by lecturing class, butalso tutorial class with discussion on PBL (problem based learning) approach, and visual discussionby playing a documentary film on environment.Class AttendanceOverall there will be 14 weeks for topic discussion in this course. Attendance list will be circulated inevery meeting. Student with less than 75 % attendances would be disqualified from the course andtherefore are not entitled to be graded.AssessmentThe grading components are as follows:1. Class participation : 10 %2. Discussion paper : 20 %3. Mid term exam : 35 %
4. Final term exam : 35 %Basic References:Keraf, Sony. 2007. Etika Lingkungan. Jakarta: Penerbit Lentera.Rangkuti, Siti Sundari, 2000, Hukum Lingkungan dan Kebijaksanaan Lingkungan Nasional, Surabaya: Airlangga University Press.Sands, Philippe. 2003, Principle of International Environmental Law: Second Edition, Cambridge UK: Cambridge University Press.Santosa, Mas Ahmad. 1997. Penerapan Azas Tanggung Jawab Mutlak (Strict Liability) di Bidang Lingkungan Hidup. Indonesian Center for Environmental Law (ICEL). Jakarta.-------------, 1997. Konsep dan Penerapan Gugatan Perwakilan (Class Action). Indonesian Center for Environmental Law (ICEL). Jakarta.Siahaan, N.H.T., 2004, Hukum Lingkungan dan Ekologi Pembangunan, Jakarta: Penerbit Erlangga.Week 1. New Paradigm of National Envo LawThis class will first provide you with some general issues and background on the environmentalproblem. Later, the attention of the class will be led to the concept of actual environmental problemin Indonesia. And considering the basic problem lied upon, the question should be answered is onhow to shift the paradigm of common environmental prespective to the “modern” and advancedparadigm one.Assignments:Act No. 32 of 2009 compare to the Article 33 (1) of the Indonesian Constitution (UUD 1945)Leading questions: 1) On the definition of “environment” in national law, what significant rationale is lied on thechange in the regulation. 2) How can you describe the “actual” implementation of environmental management in Indonesiacompare to the ideal of constitutional (art 33 UUD 1945) purposes?Week 2. Economic Analysis of Environmental LawThe lecturing class will discuss on the correlation and coherency between economic reason andenvironmental protection issues. Moreover the discussion aims to draw more attention from thestudent that in common fact, all problems, including environmental problem, is a “natural” side-effect of our economic development.Assignment:“The invisible hands” theory by Adam Smith vis a vis “tragedy of the commons” concept by GarethHardins.
Week 3. Law on ConservationAssignment:NEWS RELEASEUp to 20 kilograms of plastic was found in the stomach of a giraffe named Kliwon, who died in hisstall in the Surabaya Zoo on Thursday evening. “The plastic was apparently contained in the foodhe’d been eating for years and accumulated in his stomach,” Surabaya Zoo management team chiefTony Sumampaw said Friday. Tony said that according to the zoo medical team, the plastic hadclogged Kliwon’s digestive system. The 21-year-old giraffe collapsed in his stall a day before hisdeath. The giraffe keeper said that Kliwon had lost his appetite over the past few days. Tony saidthat the zoo could not afford to get another giraffe to replace Kliwon due to financial constraints.The 15-hectare zoo, which is one of the city’s tourism icons, houses 2,025 animals from 249 species.Many have said that the zoo is overpopulated. According to the zoo, 2,204 animals in the zoo diedduring the 2006–2011 period.(The Jakarta Post, Friday 02-03-2012).Leading Questiona. To what extent is the concept of “conservation” should be defined?b. How do you think the performance of conservation institution in Indonesia?Week 4. Legal Standing and Class ActionClass discussion will talk about the difference between “legal standing” and “class action”, thehistory and several milestone cases, included those in Indonesia.AssignmentPrepare presentation of the class action case example of AGENT ORANGE LITIGATION.Leading QuestionWhy is class action mechanism can be effective to be used in environmental problems?Week 5. Illegal Fishing and Illegal LoggingClass discussion on the recent problem in Indonesia: illegal fishing. The discussion will deliberate onthe broad definition of illegal fishing, and how its prevented in Indonesia.On the illegal logging, the discussion will be based on short documentary on the illegal logging casesin Papua.Leading Question1. What can you describe as the concept of illegal fishing in broader definition?2. Why is the problem of illegal fishing nor illegal logging seems so difficult to be enforced?
Week 6. Environmental Law EnforcementEnvironmental Law enforcement derived into three aspects: administrative law, civil law, andcriminal law. All of them have its distinct function, as well on the procedure to enforce each aspects.In some cases, it could be partial and per-step enforcement. But on some others, it could beimplemented in accumulative or even ultimate sanction. The class discussion will be focussed on theprocedure and mechanism on implementing all of the aspects in environmental law enforcement.Assignment1. What is the difference between pollution and damages on environment?2. What is vicarious liability, and on how it can be implemented?3. Which aspect of the environmental law can be considered as the most effective one?Leading Question1. Does any contamination to the environment can be regarded as a pollution? What is the limitation under the recent environmetal regulation (UU No. 32/2009) and previous one (UU No. 23/1997).2. Why in environmental matters, exist three different mechanisms to enforce the law? What is the rationale and to what extent this mechanism can be applied?