scholarly journals Plastic Waste: Environmental Legal Issues and Policy Law Enforcement for Environmental Sustainability

2021 ◽  
Vol 259 ◽  
pp. 03006
Author(s):  
Fenty Puluhulawa ◽  
Mohammad Rusdiyanto Puluhulawa

The use of plastic products has been part of human life and daily activities. Since plastic can be harmful to the environment, solutions are required to limit, reduce, and minimize the use of this material for sustaining environmental preservation. However, it is difficult to change an entrenched habit of using plastics in society. Establishment of law enforcement policies is among the alternatives to the problem to protect the environment from an increase in the amount of plastic waste. This paper was aimed at exploring issues revolving around the habit of using plastic materials amidst society and investigating the concept of law enforcement as a solution to limit and reduce the use of plastic. The data of this empirical juridical research were examined descriptively. According to the result, law enforcement was essential to ensure the sustainability of environmental preservation.

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 179-195
Author(s):  
Andi Abu Dzar Nuzul ◽  
Hamzah Hamzah

The environmental law enforcement is a form of re-actualization of the hopes and dreams of a good living environment. The portion and content of positive law in environmental law enforcement are sufficient in ensnaring perpetrators of environmental destruction. In Islamic law, environmental enforcement is something that must be guarded and preserved, this is stated in the Qur'an and hadith. This study is a literature study, which examines the legislation on environmental enforcement and text arguments relating to the environment. The approach in this study is a formal juridical approach to the scale of positive law and a normative approach to Islamic law. The findings in this study prove that the rules regarding environmental law enforcement in positive law are very adequate. In Law Number 32 of 2009, it has accommodated acts of environmental destruction that can be ensnared with administrative, civil and criminal offenses that lead to fines and imprisonment. Meanwhile, in Islamic law, law enforcement against environmental destruction in jinayah law is subject to ta'zir punishment or a sentence stipulated by the government. In the concept of benefit, environmental destruction needs to be enforced because it is against the benefit of human life and/or can threaten the survival of mankind. The implication of this finding is that environmental law enforcement has been regulated in environmental legislation and is very adequate, and this is in line with the concept of negligence in Islamic law, so that environmental violations need to be taken firmly in order to maintain environmental sustainability. Keywords: Law enforcement; Environment; Positive Law; Islamic law. 


2017 ◽  
Vol 33 (1) ◽  
Author(s):  
Primus Adiodatus Abi Bartama ◽  
Aloysius Wisnubroto

 Contemporary era with a dynamic information society presents new challenges in various fields of human life, one of them is law enforcement. The failure of law enforcement system in realizing substantial justice in a dynamic society is caused by paradigmatic legal issues. The problems which are going to be studied and answered are how the law enforcement paradigm shift urgency in facing the challenges of contemporary era. Through methods that are doctrinaire (normative-philosophical), it is found the limitations of law enforcement system that resulted in the law, particularly in the settlement through the judiciary, are not able to bring about justice because they are still hampered due to the paradigm of positivistic. Thus the paradigm shift becomes very urgent to overcome the limitations of the legal system is positivistic. The paradigm that is deemed in accordance with the needs of society that is dynamic  information society is a legal paradigm that is non-positivistic.Keyword: Law enforcement, Paradigm, Contemporary era, Justice system.INTISARIEra kontemporer dengan masyarakat informasinya yang dinamis menghadirkan tantangan-tantangan baru dalam berbagai bidang kehidupan manusia, salah satunya adalah masalah penegakan hukum. Kegagalan sistem penegakan hukum dalam mewujudkan keadilan yang substansial dalam masyarakat yang dinamis disebabkan karena permasalahan hukum yang bersifat paradgmatis. Permasalahan yang hendak dikaji dan dijawab adalah bagaimana urgensi perubahan paradigma penegakan hukum dalam menghadapi tantangan era kontemporer. Melalui metode yang bersifat doktriner (normatis-filosofis), diperoleh temuan bahwa keterbatasan sistem penegakan hukum yang mengakibatkan hukum, khususnya dalam penyelesaian perkara melalui lembaga peradilan, tidak mampu mewujudkan keadilan dikarenakan masih terbelenggun dengan paradigma hukum positif. Demikian perubahan paradigma menjadi sangat urgen untuk mengatasi keterbatasan sistem hukum positif. Paradigma yang dipandang sesuai dengan kebutuhan masyarakat informasi yang bersifat dinamis adalah paradigma hukum yang bersifat nonpositivistik.Kata Kunci: Penegakan hukum, Paradigma,Era kontemporer, sistem peradilan.


PRANATA HUKUM ◽  
2018 ◽  
Vol 13 (2) ◽  
pp. 115-125
Author(s):  
Aminah AMINAH

The environment has various functions and is very important for human life, so the Government makes legislation and enforces its law to maintain the function of the environment. Although law enforcement has been carried out, many environmental cases cannot be resolved so that pollution and environmental damage often occur in Indonesia. This research wants to know whether law enforcement in Indonesia has not yet realized the balance and how the concept of law enforcement is balanced. The approach method used by Juridical normative with analytical descriptive specifications, uses primary and secondary data and analysis using explanation building analysis. From the results of the study, it was found that Law Enforcement in Indonesia has not yet realized a balance, especially in law enforcement in cases of forest fires that have proven that forest fires repeatedly occur and have a good impact in the form of ecological impacts, economic impacts and sociological impacts, this is caused by various constraints of law enforcement Administration, civil or criminal.


Author(s):  
Khusnul Yaqin

At the first time, plastic materials were produced to facilitate various activities of human life. Plastic materials that are flexible and durable have been used by humans to meet various needs to support their daily activities. Starting from human activities from waking up to going back to sleep, nowadays it cannot be separated from the use of plastic materials. This then makes humans "addicted" to plastic materials. It is as if human life cannot be separated from the use of plastic materials. Various research results in the field of pollution both on land and the sea, plastic materials that are not managed properly can contaminate human life, either directly or indirectly, to food sources, especially food from the sea.


2018 ◽  
Vol 5 (2) ◽  
pp. 227
Author(s):  
Muh Ridha Hakim

The fundamental purpose of law is to create justice, legal certainty and utility. The contradiction between justice and legal certainty are dilemmatic for law enforcement officer. The legal certainty side is easier to be applied so that it neglect the justice itself. The law principle is unhierarchical, thus there is no superior principle which can ignore the other principle. The relevance of the application of legal principles is based on the situation in legal issues. Responding to these challenges appear paradigm of progressive law that the law is a scheme that is not final, it continues to move, to change, it follows the dynamics of human life. Therefore, the law is not seen as something that lives in a stagnation. Law is born from provision living in the society (ibi societas ibi ius). On that basis, the law must continue to be dissected and explored through progressive efforts to reach the ultimate truth for the sake of justice.Keywords : Rechtsvinding, Progressive Law


Author(s):  
Faisal Faisal ◽  
Ndaru Satrio ◽  
Komang Jaka Ferdian

Mining has become an attractive and sensitive sector for the public in South Bangka Regency. This research is aimed to analyze the legal genealogy and power for evaluation and improvement of mining law enforcement policies in South Bangka Regency and to analyze the model evaluation and improvement of mining law enforcement policies in South Bangka Regency). This study uses a qualitative method with a socio-legal approach, focuses on the self-concept interaction patterns, the concept of action, the concept of interaction, the concept of objects, and the concept of collective action in the community, to answer the question of the urgency of tracing legal genealogy and power for evaluation and improvements to mining law enforcement policies in South Bangka Regency. The research results suggested that the Geneology study involved revealing the relationship between law and power in the mining law enforcement policies in the South Bangka Regency which are still deemed incompatible with the principles of equality before the law, legal certainty, and legal justice. The evaluation model and improvement of mining law enforcement policies are an important part of improving mining law enforcement policies in South Bangka Regency which are based on the basic idea of state responsibility and environmental sustainability. Pertambangan menjadi sektor yang menarik sekaligus sensifitif bagi publik di Kabupaten Bangka Selatan. Tujuan penelitian ini untuk menganalisa geneologi hukum dan kuasa untuk evaluasi dan perbaikan  Kebijakan penegakan hukum pertambangan di Kabupaten Bangka Selatan serta untuk menganalisis model evaluasi dan perbaikan  Kebijakan penegakan hukum pertambangan di Kabupaten Bangka Selatan. Penelitian ini menggunakan metode kualitatif dengan pendekatan socio-legal, yang menujukan pusat perhatian pada pola interaksi konsep diri, konsep perbuatan, konsep interaksi, konsep objek, dan konsep aksi bersama dalam warga masyarakat, untuk menjawab permasalahan Urgensi Penelusuran Genealogi Hukum dan Kuasa Untuk Evaluasi Dan Perbaikan  Kebijakan Penegakan Hukum Pertambangan di Kabupaten Bangka Selatan. Hasil penelitian menunjukkan bahwa, studi Geneologi terlibat dalam mengungkap relasi hukum dan kuasa dalam kebijakan penegakan hukum pertambangan di Kabupaten Bangka Selatan yang masih dirasakan tidak sesuai dengan prinsip-prinsip persamaan di depan hukum, kepastian hukum, dan keadilan hukum. Model evaluasi dan perbaikan kebijakan penegakan hukum pertambangan merupakan bagian penting untuk memperbaiki kebijakan penegakan hukum pertambangan di Kabupaten Bangka Selatan yang berpijak pada ide dasar tanggung jawab negara dan kelestarian serta keberlanjutan lingkungan.


2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Zongguo Wen ◽  
Yiling Xie ◽  
Muhan Chen ◽  
Christian Doh Dinga

AbstractSince the late 1990s, the trend of plastic waste shipment from developed to developing countries has been increasing. In 2017, China announced an unprecedented ban on its import of most plastic waste, resulting in a sharp decline in global plastic waste trade flow and changes in the treatment structure of countries, whose impacts on global environmental sustainability are enormous but yet unexamined. Here, through the life cycle assessment (LCA) method, we quantified the environmental impacts of changes in the flow patterns and treatment methods of 6 types of plastic waste in 18 countries subsequent to the ban. In the short term, the ban significantly improved four midpoint indicators of environmental impact, albeit contributed to global warming. An annual saving of about 2.35 billion euros of eco-cost was realized, which is equivalent to 56% of plastic waste global trade value in 2017. To achieve global environmental sustainability in the long run, countries should gradually realize the transition from export to domestic management, and from landfill to recycling, which would realize eco-costs savings of about 1.54–3.20 billion euros.


2018 ◽  
Vol 51 ◽  
pp. 01016
Author(s):  
Andrejs Vilks

The author of the article turns attention to the phenomenon of human life, recognizing it as the value which is hard and complicated to define. The price of a human life comprises philosophical, political, sociological and legal issues. From the legal and philosophical aspect the price of a human life is practically impossible to determine, since it is worth the highest price. Determination of the price of human life means admitting that a human is the measure of value in a certain community under appropriate socially economic conditions. Different approaches and methodologies are applied in determination of a materialized price of a human life, therefore the rating of the price is varied. In determining the price of a human life, the legal aspect is important, since it deals with the fixation of the amount of compensations in cases of an individual's loss of life and calculations of the insurance costs.


Molecules ◽  
2021 ◽  
Vol 26 (11) ◽  
pp. 3175
Author(s):  
Ravindra Prajapati ◽  
Kirtika Kohli ◽  
Samir K. Maity ◽  
Brajendra K. Sharma

Plastic is referred to as a “material of every application”. From the packaging and automotive industries to the medical apparatus and computer electronics sectors, plastic materials are fulfilling demands efficiently. These plastics usually end up in landfills and incinerators, creating plastic waste pollution. According to the Environmental Protection Agency (EPA), in 2015, 9.1% of the plastic materials generated in the U.S. municipal solid waste stream was recycled, 15.5% was combusted for energy, and 75.4% was sent to landfills. If we can produce high-value chemicals from plastic wastes, a range of various product portfolios can be created. This will help to transform chemical industries, especially the petrochemical and plastic sectors. In turn, we can manage plastic waste pollution, reduce the consumption of virgin petroleum, and protect human health and the environment. This review provides a description of chemicals that can be produced from different plastic wastes and the research challenges involved in plastic waste to chemical production. This review also provides a brief overview of the state-of-the-art processes to help future system designers in the plastic waste to chemicals area.


2021 ◽  
Vol 24 (01) ◽  
pp. 1-13
Author(s):  
Michelle Kristina

The development of human life nowadays cannot be separated from various aspects such as economy, politics, and technology, including the impact of the coronavirus outbreak (Covid-19 or SARS-CoV-2) which emerged at the end of 2019. Responding to this Covid-19 pandemic outbreak In Indonesia, the government has issued various policies as measures to prevent and handle the spread of Covid-19. One of these policies is to limit community activities. These restrictions have implications for the fulfilment of the economic needs of the affected communities. Responding to the urgency of this community's economic situation, the government held a social assistance program as a measure to ease the community's economic burden. However, the procurement of the program was used as a chance for corruption involving the Ministry of Social Affairs and corporations as the winning bidders. This study uses a qualitative methodology with a normative juridical approach and literature. The approach is carried out by conducting a juridical analysis based on a case approach. The results of the study show that the corporations involved cannot be separated from corporate responsibility. However, the criminal liability process against the corporation is deemed not to reflect justice for the current situation of Indonesia is experiencing. The crime was not carried out in a normal situation but in a situation when Indonesia was trying hard to overcome the urgent situation, the Covid-19 pandemic. Corporate crimes committed by taking advantage of the pandemic situation are deemed necessary to prioritize special action or the weight of criminal acts committed by corporations. The weighting of criminal sanction is the right step as a law enforcement process for corporate crimes during the pandemic.


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