Adjudicating scientific dispute: Problem-feeding between law and science in Indonesia EIA litigation
Year: 2025
Type: article
Abstract: This study examines the interplay between law and science in the context of EIA litigation in Indonesia, utilizing the problem-feeding model as an analytical framework. As the EIA has transitioned from a policy tool to a legal obligation, recent trends indicate an increasing scrutiny of the scientific substance of EIA in litigation, rather than focusing solely on its procedural aspects. This study analyses 31 cases challenging the EIA substance, highlighting instances of both successful and unsuccessful bilateral problem-feeding, underscoring how the litigation procedural setting shapes the transformation of a question in law into a scientific question and how the answer to that question is transferred back into a legal decision. Ultimately, it calls for recognition of the intertwined roles of epistemic and value judgments in EIA litigation, not only when judges make decisions but also when scientists provide answers. • Study on 31 cases that challenge the scientific substance of EIA. • The dispute includes impacts omission, mitigation feasibility, methods, and data validity. • Bilateral problem-feeding shows how the law-science gap persists in EIA Litigation. • Epistemic and value judgements shape both legal and scientific reasoning. • Value judgment indirectly influences EIA and differing expert opinions in court.
Author: Rika Fajrini
Institution: Kyoto University
Language: English
Subfield: Management, Monitoring, Policy and Law
Field: Environmental Science
Domain: Physical Sciences
Open Access status: hybrid
Estimated APC paid: $3,750
OpenAlex ID: W4415214469