Abstract
Access to justice in broad sense refers to a condition and process whereby the State guarantees the fulfillment of citizens’ basic legal rights afforded by the Constitution and the 1948 Universal Declaration of Human Rights. It is, therefore, access to justice defines access by people to fair, effective and accountable mechanism for the recognition and protection of rights, control abuse of power and resolution of conflicts, included the ability of people to seek and obtain a remedy through formal and informal justice system. The definition emphasizes that access to justice aims to supporting and strengthening the prevention and and alleviation of poverty, protecting and fulfilling of human rights through legal empowerment of the people.
Highlights
Access to justice in the broad sense refers to a condition and process whereby the State guarantees the fulfillment of citizens’ basic legal rights granted by the State’s Constitution and the 1948 Universal Declaration of Human Rights
Fundamental environmentally-sound principles have been expressly articulated in Paragraph IV of the Preamble to the 1945 Constitution of the State of the Republic of Indonesia, which sets out that the ultimate goal of the founding of the State of the Republic of Indonesia is to provide protection to all citizens of Indonesia and to preserve the territory and natural resources contained therein, to enhance genuine public prosperity for all citizens of Indonesia, as well as to develop smart and educated people, and take part actively in creating peaceful co-existence among nations throughout the world based on liberty, eternal peace, and social justice
In order to realize the primary purpose of Indonesia, focusing on the above mentioned basic environmentally-sound principles, it needs to be reaffirmed that the Indonesian living environment and natural resources control and management should be implemented in a wise manner
Summary
Access to justice in the broad sense refers to a condition and process whereby the State guarantees the fulfillment of citizens’ basic legal rights granted by the State’s Constitution and the 1948 Universal Declaration of Human Rights. It is due to the attached restricting condition of “as long as” in the 1945 Constitution and a number of Laws pertaining to environment and natural resources control and access, which brings about the consequence that the legal standing and capacity of customary law of adat communities had been decreased at the level of both State ideology as well as legislation In other words, this has resulted in the so called pseudo-Constitutional and Legal recognition and protection of the indigenous community rights for a clean, safe and healthy environment as well as natural resources they depend on to survive.. It is becoming increasingly apparent that civilization’s “progress” destroys the natural environment as well as the indigenous people and cultures.
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