Deep –Ecology Approach to Environmental Protection and Saving Through Environmental Case Settlement in Court

Abstract

Objective: The purpose of this article is to examine and analyze whether judges in resolving environmental cases in court are oriented towards protecting and saving the environment and the obstacles they experience. Theoretical framework: Humans in meeting their needs sometimes pay less attention to the impact that will be caused on the environment. Moreover, if humans think that the environment is used as an object to fulfill their interests, then environmental pollution and/or damage is certainly ignored. This will result in environmental sustainability not being realized. Likewise with judges who, when resolving environmental cases in court, do not use a deep-ecology approach and are not oriented towards protecting and saving the environment, the sustainability of the environment cannot be questioned. Method: This research is examined utilizing a socio-legal approach, which places an emphasis on describing social and legal realities as well as attempting to comprehend and explicate the logic underlying the relationship between the two. Results and conclusion: The results of the research show that judges who handle environmental cases are not oriented towards protecting and saving the environment. The obstacle experienced by judges in the judicial process to realize ecological justice is the principle of ultra-petita which shackles judges in exploring environmental cases that are oriented towards protecting and saving the environment. Judges who handle environmental cases are not oriented towards protecting and saving the environment. The obstacle experienced by judges in the judicial process to realize ecological justice is the principle of ultra-petita which shackles judges in exploring environmental cases that are oriented towards protecting and saving the environment. Imlications of the research: This has implications for continuing research to focus on the environment and obstacles they experience, especially for judges in enforcing the law.