Abstract The appeals and cassations in the environmental civil cases basically aim to ensure the achievement of substantive justice and correction of possible errors in court decisions at the 7irst and appellate levels. This mechanism has actually become an obstacle to the rapid and effective restoration of the environment. This article examines appeal and cassation procedures in environmental disputes that emphasize formal and administrative aspects over the principles of ecological justice. The complicated, formalistic, and time-consuming legal process often becomes an obstacle to rapid ecological recovery. The decisions of appellate and cassation judges in a number of cases appear to emphasize the formal aspects of proof, rather than applying the polluter pays principle and the precautionary principle. This has an impact on the slow recovery of the environment and the fulfillment of people’s rights to a healthy environment. This condition indicates the need for procedural reform in the legal remedy system, including the simplification of the judicial process. It is necessary to reform the judicial system which is not only guarantee the legal certainty, but also accommodates the urgency of substantive environmental protection. This reform is expected to be able to guarantee access to justice for vulnerable groups and strengthen the protection of the right to a healthy environment.
Marjo et al. (Mon,) studied this question.