Legal Politics of Environmental Protection and Management in Indonesia (original) (raw)

Environmental Management Law Policy in Indonesia Towards People’s Prosperity

Advances in Social Science, Education and Humanities Research, 2022

The President of the Republic of Indonesia issued Presidential Decree No. 86 of 2020 of the Government Work Plan (RKP) in 2021 which is an annual development planning document prepared as a description of the second year of implementation of the National Medium-Term Development Plan (RPJMN) 2020-2024. In RPJMN 2020-2024 prioritize environmental development, increase resilience, disasters, and climate change. And it is set as one of the national priorities in the RPJMN 2020-2024. Therefore, a legal policy on environmental management in Indonesia was changed with the issuance of Law No. 32 of 2009 on Environmental Protection and Management that can provide good environmental management as well as environmental protection. The problem is environmental law policy which is how in environmental management after being implemented as an instrument of environmentally sound development. The research method used is normative legal research. The conclusion of this study is that the implementation of environmental law policies in Indonesia which has been applied as an instrument of environmentally sound and sustainable development since 1973 until now has not prioritized the creation of environmental quality and its implementation is still not real, this is because environmental quality considerations are often inferior to environmental considerations. existing economy.

existence of a healthy environmental protection law and state responsibilities in Indonesia

International journal of health sciences

This study aims to obtain scientific evidence from a series of publications in the form of environmental books and articles to enrich the discussion of the existence of a healthy environmental protection law and the state's responsibility for environmental sustainability. We have conducted several studies on several kinds of literature in the form of publications and other documents, which we have studied under phenomenology to obtain valid and reliable answers. Based on the review and discussion, this study finally gains an understanding that the existence of a healthy and natural environmental protection law, the government has taken steps to create regulations and laws to ensure that support will be maintained and give consequences to anyone who does not heed the rules that the government has designed government. However, damage still occurs, such as environmental destruction in the form of littering, overpopulation and corrosion in various places, and diversity elimination. ...

The Prospect of Environmental Law to Achieve Healthy Environmental Development in Indonesia

Medico-Legal Update

Every citizen has the right to achieve the constitutional guarantee to live in a good and healthy environment, to be able to grow and develop. The environmental law's role and prospect as the agent of stability, agent of development, and agent of change is something which cannot be negotiated to achive a healthy environmental development in Indonesia. It is to avoid pollution and environmental devastation for the sake of today's and the future's generations.

Analysis of Natural Resources Management in Indonesia: Environmental Law Perspective

International Journal of Social Science and Public Policy, 2021

Natural resource management covers a wide spectrum of activities and projects because it has implications for the unity of the sub-national, national, and supranational territories in which these natural resources are managed. The purpose of this research is to investigate, analyze, and make efforts to solve problems related to natural resource management in Indonesia from an environmental law perspective. This study uses a normative and qualitative juridical approach and uses primary, secondary, and tertiary data as its sources, especially on studies of natural resource management from a legal perspective. The results of the study found that environmental law in Indonesia cannot be separated from an understanding of the development of global commitments, both those that function as guidelines (international soft law) and those that are binding (hard law) in the form of laws and regulations related to natural resource management policies in Indonesia. should be implemented consisten...

Indonesian Government`s Policy on Environmental Law in the Era of Regional Autonomy

2020

This study aims to investigate Indonesian government policy on the environmental law in the era of regional autonomy by analyzing the by the conception of Indonesian government policy towards regional autonomy or decentralization, the relation between regional autonomy policy and law enforcement and violation to the environment and the Indonesian government's strategic policy towards environmental law in the era of regional autonomy. The methodology in this research uses a qualitative method with a descriptive research design. The results showed that the laws and regulations relating to environmental management are sufficient, but in their implementation, including in the supervision of their implementation, they need to receive serious attention. This is closely related to the good intentions of the government including the regional government, the community and the parties concerned to manage the environment as well as possible.

Discourse on Creating a Special Environmental Court in Indonesia to Resolve Environmental Disputes

2020

The purpose of this study is to determine the regulation of laws and regulations regarding environmental justice in Indonesia and how the concept of building environmental justice in the justice system in Indonesia. This research can be useful both practically and theoretically, practically. The research method used by researchers is the evaluative analysis method, which is a method of gathering and presenting data obtained to analyze the actual situation and then rational analysis is carried out based on juridical references through library research. The results of the research Regulations on the environment are already available namely Law Number 32 of 2009 concerning Environmental Protection and Management and building an environmental justice system starting from improving human resources namely the Supreme Court by consistently educating and training judges with knowledge of aspects of environmental law life that will later handle environmental cases; The Supreme Court makes a ...

The Aspects of Environmental Law Enforcement in Indonesia and the Implementation of International Agreements in the Environmental Field in Indonesia

Nurani: Jurnal Kajian Syari'ah dan Masyarakat, 1970

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 re...

Perspectives of sustainable development vs. law enforcement on damage, pollution and environmental conservation management in Indonesia

Journal of Water and Climate Change

This study uses a normative juridical method based on literature studies to obtain secondary data sourced from primary, secondary, and tertiary legal materials. Specifications of research are analytically descriptive. The data analysis method used is qualitative juridical. The results of the study show that overall government policies on environmentally friendly management have not been able to overcome the conflicts that often arise between the goals of environmental preservation and the goals of economic development. As a solution to overcome these obstacles, it is necessary to enforce criminal law, in addition to imposing material punishments (requiring proof) for crimes which are genetic crimes, it is also necessary to apply formal offenses (no need for proof) for crimes which are specific crimes. The process of enforcing environmental law from the aspect of criminal law will be more successful if it is handled by agencies that technically and institutionally deal with environme...

Juridical Analysis of Criminal Acts in Environmental Pollution in Accordance to the 32 Law of 2009 Concerning Protection and Management Environment

International Journal of Law, Environment and Natural Resources, 2024

This study aims to describe the regulation of criminal acts of environmental pollution in Indonesian positive law and to analyze the responsibility for criminal acts of environmental pollution according to Law Number 32 of 2009. This study uses normative legal research in the form of library research using three types of legal materials, namely primary, secondary and tertiary legal materials, qualitative descriptive research, normative juridical research, statutory and conceptual approaches. The results of the study stated that the regulation of criminal acts of environmental pollution in Indonesian positive law is regulated in Law Number 32 of 2009 concerning the Environment. This law stipulates that if environmental pollution and damage has already occurred, it is necessary to take repressive measures in the form of effective, consistent and consistent law enforcement against environmental pollution and damage that has occurred so as to apply the principle of primum remedium criminal law. The crime of environmental pollution is not only imposed on individual perpetrators of environmental crimes, but also on corporations. In addition, also to customary law communities based on the Constitutional Court decision No. 35/PUU-X/2012 by using conditionality in recognizing the existence of indigenous peoples as legal subjects which are still maintained as long as in reality they still exist and their existence is recognized, and confirmation of their existence is stipulated by Regional Regulations..

Problems and Challenges on Environmental Law Enforcement in Indonesia: AMDAL in the Context of Administrative Law

Indonesian State Law Review (ISLRev)

Environmental issues have been increasingly recognized as significant challenges facing Indonesia, as a developing country with a rapidly growing population and a rapidly expanding economy. In recent years, environmental degradation and natural resource depletion have become more acute, resulting in increased pressure on the government to take stronger action to protect the environment. Despite the existence of environmental laws in Indonesia, environmental degradation continues to occur, highlighting the need for better enforcement and stronger legal protections. One of the major environmental problems in Indonesia is deforestation, which is driven by the expansion of agricultural land, mining activities, and logging. This has resulted in significant habitat loss and biodiversity decline, as well as increased greenhouse gas emissions from the loss of forest cover. Additionally, Indonesia’s coastline and marine ecosystems are threatened by pollution from industrial activities and pl...