1. JUDICIAL ACTIVISM, JUDGE ALIGNMENT TO THE ENVIRONMENT

2. Background As a civil law country, judges in the Indonesia not recognise a “stare decisis” as in common low country. A higher court decision may referred by other judges in deciding similar cases and influence the legal development of the country

3. Example of decisions which are not previously known in Indonesian legal system, later adopted by Law Judge decision in civil case decision that recognizes the rights of the Environment Organization (NGO), WALHI in its capacity as parties to the dispute to the environment (legal standing) judges decision who recognize the right of citizens to file suit in the name of public interest in the common law system is known as the Citizen Law Suit.

4. The courage of the judges to do the "innovation" by applying the principles of environmental law sometimes not inline with the interest of economic development which not considering sustainable development principles. The judge's decision that "pro-environment“ apply the principle of true sustainable development to the insightful far ahead to next generation.

5. Mandalawangi Case Civil cases, is the class-action lawsuit in Mandalawangi hill where state company liable of the landslide which cause damage to the village nearby. By considering the principle of "precautionary principle” the Department of Forestry (Perhutani) liable by not applying prudence in the management of forests and lead to natural disasters, loss of society and ecosystem damage. This ruling is one example where the judge plays an important role in the defense and alignments to the environment. This the first environmental case that incorporate international environmental principle.

6. Decision of the Administrative Court case which states that the reclamation of the north coast of Jakarta is invalid (illegal) for EIA and permitting use of inappropriate and contrary to the principles of good governance in environmental management.

7. Under Criminal Cases, we also have a decisions which apply the principle of "inter & intra-generation" combined with the principle of "detterent effect“ i.e. verdict in the criminal offense of illegal sale of wildlife, which is considered by the judges that the present generation and generations future have the right to enjoy the presence of wild animals that do not become extinct, and therefore against the defendant who committed the crime of illegal sale of wildlife sentenced to heavy, to the defendant or the community feels fear and deterrent to similar acts.

8. Role of Judges From the few examples of such decision, it can be concluded that the judges have an important role for judicial activism (or rechtvinding) in favor of the environment and for the preservation of ecosystem functions, therefore, necessary in the future judges oriented environment and take a decision an innovative progressive vision to realize that environment

9. Conclusion The Supreme Court as the highest court in Indonesia confirm it necessary to increase the capacity of judges at various levels in order to have a strong environmental vision and integrity. The Supreme Court took steps to increase the capacity of judges to with establishing the environmental justice certification (certified Judges) in cooperation with the Ministry for the Environment and supported by the Indonesian Center on Environmental Law (ICEL) and the alumnae association of environmental law training for judges (IAPHLI). Certified Judges are expected to have a good quality and integrity in handling environmental cases.

10. Thank you