PROBLEMS OF IMPLEMENTATION OF ENVIRONMENTAL DISPUTE INKRACHT DECISIONS IN RELATION TO SUSTAINABLE DEVELOPMENT

Abstract

This study examines the problems of the implementation of court decisions that have permanent legal force (inkracht) in environmental disputes in Indonesia and their relationship with the achievement of sustainable development. This problem arises from the anthropocentric development paradox, which often ignores ecological balance. This study uses normative juridical methods with statute approaches, case approaches, and theoretical approaches to analyze the obstacles that occur. The results of the study show that execution problems are caused by multi-dimensional factors, including juridical constraints before the birth of Supreme Court Regulation (PERMA) Number 1 of 2023 concerning Guidelines for Adjudicating Environmental Cases, institutional obstacles, and corporate resistance. The main obstacle to pre-Perma was the focus of execution on monetary compensation alone, which often had no impact on true environmental restoration. Perma No. 1 of 2023 concerning Guidelines for Adjudicating Environmental Cases is present as a legal breakthrough that shifts the execution paradigm from compensatory to restorative, by requiring an environmental restoration plan and allowing the execution of direct restoration actions. Nevertheless, the success of Perma is highly dependent on strengthening institutional capacity, improving coordination between law enforcement officials, and changing the legal culture. It was concluded that failure in the execution of environmental judgments not only damages the ecosystem but also erodes public trust in the justice system, thereby fundamentally hindering the achievement of the Sustainable Development Goals (SDGs), especially SDG 16 regarding effective and accountable institutions. Therefore, effective and consistent law enforcement is a fundamental prerequisite for realizing ecological justice and guaranteeing environmental rights for current and future generations.