Legal Interpretation in Judicial Decision Making on Environmental Cases: Judges in the Domination of Civil Law System

Abstract

The law enforcement environment must support the sustainability of environmental management, both through the judiciary and outside the court, whether civil, criminal, or administrative. The purpose of this study is to find out the problems of environmental law enforcement in Indonesia and how judges, in making decisions, use the interpretation of the law. In providing justice, judges are required to look for la bouche de la loi and actively explore the meaning behind these regulations to produce decisions that provide justice for the litigants. However, the tradition of the civil law system, which is still influenced by legalism, limits the space for judges to exercise discretion and is only based on the principle of legality. Using jus cogens in most environmental case decisions will be more effective if judges dare to use legal interpretation.