MODEL PENYELESAIAN SENGKETA LINGKUNGAN MELALUI PENGADILAN DENGAN PENDEKATAN PARTISIPATIF

Abstract

Manifestation of society autonomy power in environmental dispute advo cating is done by using the potency of local society power and combining it with the interest group power. The existence of the interest groups can be in the forms of Non-Government Organizations and environmental organizations which have a role as the agent of society to do a suing in the Court in order to struggle social and environment justices. The solving model of environmental contamination dispute which is done in the Court shows that the typology of judges have not dared to leave Law understanding on positivist-formal, in understanding law the Judge is still textbooks- minded and white-black, therefore, the decided punishment or penalty is not reflected the justice. This kind of approach should be stopped soon, and changed by progressive law approach. Progressive approach applies human paradigm that care on behavior factor. Progressive law tends to focus on creativity and refuses the rules logical routinely. This is the factual lighting of progressive law approach in solving environmental dispute.