scholarly journals PELANGGARAN HAK ASASI MANUSIA DALAM KEBIJAKAN DAERAH DI BIDANG TATA RUANG DI KABUPATEN KUNINGAN

2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Haris Budiman

Guarantee legal certainty and economic stability is very important to keep the movement of the economy of a country. The formulation of the problem formulated a point of issue is how the environmental law enforcement in Indonesia on a case study of forest fires in Indonesia and How to influence environmental law enforcement to economic growth in Indonesia. The purpose of this study was to determine the environmental law enforcement in Indonesia on a case study of forest fires in Indonesia and How to influence environmental law enforcement to economic growth in Indonesia. This research could be useful in a practical and theoretical. The method used by the researchers are using a normative juridical approach. The results of the study Enforcement of Environmental Law in relation to the Criminal Law which is related substance of Law in Article 69 paragraph (1) letter H Law No. 32 of 2009 on the Protection and Environmental Management includes about a ban on land clearing by burning and action against the perpetrators for enforce the law and environmental law enforcement to economic growth in Indonesia affected by three (3) aspects, namely Products of law, justice system and political risks are always changing. Conclusions of law enforcement carried out by the legislation in force and the factors that influence economic growth is necessary to be noticed is the commitment of the highest officials responsible to the reciprocation of a country. Recommendation law enforcement must be carried out according the legislation without seeing the background of the company or individual that legal certainty to invest guaranteed and the reformulation of Article 69 paragraph (1) letter H Law No. 32 of 2009 on the Protection and Environmental Management.

2010 ◽  
Vol 4 (1) ◽  
pp. 214
Author(s):  
Kleiton Douglas Saggin ◽  
Renata Gonçalves Rodrigues ◽  
Andréa Polidori Célia ◽  
Paloma de Mattos ◽  
Tânia Nunes da Silva

A reflexão sobre as práticas ambientais, em um contexto marcado pela degradação permanente do meio ambiente e do seu ecossistema, tem exigido novas posturas das organizações. Contudo, adotar a gestão ambiental como estratégia de desenvolvimento, contempla as necessidades das organizações em aliar crescimento econômico e sustentabilidade. Neste sentido, este artigo tem como objetivo identificar se existe a preocupação com as questões ambientais por parte das organizações da região da Quarta Colônia e se as mesmas adotam programas de gestão ambiental, analisando fatores que podem influenciar nas diferentes abordagens dadas ao tema. Para atingir o objetivo proposto, utilizou-se uma abordagem qualitativa em um estudo considerado exploratório e compreendido como estudo de caso. A amostra foi de cinco organizações da Região da Quarta Colônia onde foram realizadas visitas técnicas e entrevistas semi-estruturadas. Como resultado significativo do estudo, pôde se constatar que as organizações estudadas limitam-se apenas às exigências da legislação ambiental em vigor. Assim as organizações necessitam adotar novas posturas e um processo de atualização contínua que pode ser viabilizado pela gestão ambiental. Palavras-chave: Gestão ambiental; Quarta Colônia; organizações; desenvolvimento. Abstract The reflection about environmental practices, in a context marked by permanent degradation of the environment and its ecosystem, has required new strategies from the organizations. However, adopting environmental management as a development strategy satisfies the organizations needs to gather economic growth and sustainability. Thus, this paper aims on identifying whether the organizations from the Quarta Colonia Region are concerned about environmental issues and whether they adopt environmental management programs, analyzing aspects which can influence the different approaches applied to this issue. In order to reach such aim, a qualitative approach was used in a study considered exploratory and comprised as a case study. The sample consisted of five organizations from the Quarta Colonia Region where there were technical visits and semi-structured interviews. A relevant result of the study was that it was possible to observe that the studied organizations are restricted only to the operative environmental law requirements. Thus, organizations ought to adopt new emplacements and a continuous updating process, which can become viable through the environmental management. Keywords: Environmental management; Quarta Colônia; organizations; development


2020 ◽  
Vol 20 (3) ◽  
pp. 1033
Author(s):  
Hernawati RAS ◽  
Dani Durahman

The development of the law as part of a national development known as law reform is carried out thoroughly and integratedly. The hospitality business is growing rapidly as the economy develops, within the restrictions on the scope of the Hotel's business, there is a legal device that regulates the permit and protection of consumers. Hospitality businesses that do not have amdal permits Environmental law enforcement can be done by sanctioning administrative sanctions. Administrative sanctions, settlement of environmental issues outside the court and even criminal sanctions have been stipulated in Law No. 32 of 2009. The aspect of protection to Hospitality Consumers must be in accordance with the provisions of Law No. 8 of 1999, hospitality business must provide legal certainty in providing protection to consumers where currently there are still many hotels that do not provide information about consumer rights and obligations and the development of social responsibility (social responsebility). 


Author(s):  
Ishak Raja ◽  

The research aims to find out what phenomena affect the community occupying land that already has a Certificate of Ownership without going through a process of legal rights under the law and how the settlement process for land objects occupied by the community already has a Certificate of Ownership. The results of this research indicate that legal awareness, law-conscious culture, and law-abiding in social life, various people's perspectives on the land they occupy. After the certificate issuance is not accompanied by socialization by SHM holders, publications. Law enforcement efforts do not exist with the Ternate City Government and the Ternate City Land Agency, because it exists in other institutions. Persuasive approach, deliberation, mediation as a solution to the dispute resolution over SHM 812, SHM 235, SHM 229, and SHM Number: 00977, interpretation of the evidence of ownership of the parties to the dispute failed amicably, the final solution to the dispute over SHM 812, SHM 235, SHM 229, and SHM Number: 00977, through judicial efforts to obtain legal certainty for SHM owners, and people who occupy certified land.


2018 ◽  
Vol 25 (2) ◽  
pp. 147
Author(s):  
David Aprizon Putra

Political Law is one of the discourses that control the existence of law.One of the realm of law that has recently received the spotlight and serious attention. Particularly related to the legal political option is the environment law that increasingly strong day include criminal law enforcement in law enforcement. There are some weak things that then have negative implications, against the enforcement of environmental laws related to the lack of cautious political choice. Since 1982 in Law No. 4 of 1982 on the Principles of Environmental Management which was changed in 1997 into Law No. 27 of 1997 on Environmental Management, the legal politics of criminal law policy has been conducted, that the criminal law policy in the realm of the environment is already a choice of legal politics in the realm of environmental law. Law Number 32 Year 2009 About PPLH as the latest generation, adds Chapter XV of the Criminal Code in its charge of 23 Articles. Law Number 32 Year 2009 contains a much more complete criminal provision than Law Number 23 Year 1997. Although there is still much to be fixed on the provisions of Law Number 32 Year 2009. Base on research shows that there are special procedural laws that regulate formal law enforcement. It is based on the principle of ultimum remedium which means that the implementation of the criminal law must wait until the effectiveness of administrative law is upheld. To minimize obstacles in enforcing environmental laws which are sometimes used by political elites to seek profit, formal laws against environmental crimes should be set up specifically with the Act.


2019 ◽  
Vol 31 (2) ◽  
pp. 291-314 ◽  
Author(s):  
Justine Bell-James

Abstract The ecosystem services paradigm is a widely recognised concept in ecology and environmental management, but one that is not uniformly incorporated into environmental law. This article argues that the integration of this paradigm into law can assist with protection of critical environmental resources, using mangrove ecosystems as an example. This article commences with a defence of the ecosystem services paradigm, followed by a discussion of the ecosystem services provided by mangroves. It argues that a comprehensive analysis of existing laws is a necessary first step towards legal reform, and to this end, it proposes a rubric for assessment of laws and legal frameworks. This rubric is applied to laws in Queensland, Australia, as a case study. It concludes by identifying major deficiencies in the recognition of mangrove ecosystem services in existing laws, and calling for reform in this area.


2014 ◽  
Vol 937 ◽  
pp. 526-530
Author(s):  
Ya Qiong Wang ◽  
Ying Jiong Zhao

With analyzing the environmental status of law enforcement and job demands, the environmental protection mobile enforcement system was developed based on Android platform and SOA architecture. Using this system, the ability of environmental law enforcement supervision and management was improved, and various environmental administrative law enforcement issues were solved under the limited environmental management resource. Taking Shanxi Province as an example, the environmental protection mobile enforcement system was designed and developed in term of data integration, sharing resources, standardize management and function expansion. This system can been connected to the environmental Internet of Things system which was proved practical.


2021 ◽  
Vol 4 (1) ◽  
pp. 41-50
Author(s):  
Nurmayani Nurmayani ◽  
Eka Deviani ◽  
Risa Mahdewi ◽  
Desia Rakhma Banjarani

The reality of state life places the environment in sustainable development as an integral part of the national dynamics development. Moreover, Indonesia itself has issued various policies and instruments in the development of environmental law. Therefore, the development of environmental law cannot be separated from efforts to develop environmental law in accordance with international and national concepts or principles, one of which is the concept of sustainable development. However, environmental problems in Indonesia often occur, for example, forest fires, river pollution, air pollution, garbage, etc. This can raise doubts for the Indonesian people regarding the concept of sustainable development has really been applied in environmental law regulations in Indonesia so that it is necessary to examine the application of the sustainable development concept in Indonesia’s environmental law. Based on this background, the problem discussed in this paper is how the concept and application of sustainable development are in Indonesia’s environmental law? The method used in this article is normative legal research with a library law approach. The results of the study indicate that environmental law regulations in Indonesia such as: Law Number 4 of 1982 concerning Basic Provisions for Environmental Management, Law Number 23 of 1997 concerning Environmental Management, Law no. 32 of 2009 concerning Environmental Protection and Management, and Law no. 11 of 2020 concerning Job Creation, has been in accordance with the concept of sustainable development as stated in the articles in each of these laws.


2018 ◽  
Vol 19 (0) ◽  
pp. 208-216 ◽  
Author(s):  
Sjaifuddin Sjaifuddin

In addition to promote economic growth, industrialization had caused negative impacts on the environment. It was required a lot of efforts to overcome negative impacts, although the results were still not as expected. Starting from this condition this research aimed to design an environmental management prospect of Modern Cikande Industrial Estate (MCIE) in Serang, Banten Province, Indonesia. Environmental management prospect designed using a prospective analysis. This technique used to explore various possibilities in the future in environmental management of MCIE based on eco-industrial parks (EIPs). The analysis showed that there were 5 (five) key factors determine the success of environmental management of MCIE: pollution control, investment security, availability of infrastructure, industrial tourism, and competitiveness of industry. The most implementable scenario in MCIE environmental management in the future was the new urbanism. This scenario oriented on the long term balance between economic growth and environmental protection.


1970 ◽  
Vol 21 (2) ◽  
pp. 209-218
Author(s):  
Yonani Hasyim ◽  
Serlika Aprita

Law enforcement is the process of enforcing or trying to implement legal norms as guides for traffic or legal relations in social and state life. In the environmental law enforcement system in Indonesia, there are three legal aspects described in the Environmental Protection and Management Act (UUPPLH), namely administrative law, civil law, and criminal law aspects. Where each aspect's law enforcement and law enforcement processes are distinct. The research method used was normative legal research. One component of environmental law enforcement is the use of civil law in environmental management. In the Environmental Protection and Management Act (UUPPLH) the process of enforcing environmental law through civil procedures is regulated in Chapter XIII Articles 84 to 93. In order to provide legal clarity in law enforcement, efforts are being made to solve environmental problems that emerge in Indonesia. Environmental law enforcement is an endeavor to ensure that regulations and requirements in general and specific legal provisions are followed and implemented through administrative, civil, and criminal supervision and enforcement. With the adoption of the first environmental rules, namely Law Number 4 of 1982 Concerning Basic Provisions for Environmental Management (UUKPPLH), government policy frameworks in implementing environmental law were actualized. Then, it was later replaced by Law Number 23 of 1997 concerning Environmental Management (UUPLH), which was subsequently replaced by Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) (Tude Trisnajaya, 2013: 2). The research method used in this study was normative juridical research, which means it was done with an eye on the laws, rules, and court decisions that were relevant to the topic. Keywords: Law Enforcement, Environment, Legal Norms, Dispute Resolution.


Sign in / Sign up

Export Citation Format

Share Document