scholarly journals Responsabilidade civil por dano direito ambiental

2020 ◽  
Vol 19 (36) ◽  
pp. 73-90
Author(s):  
Márcio Bonini Notari
Keyword(s):  
Environmental Law ◽  
Relevant Information ◽  
Environmental Damage ◽  
Civil Action ◽  
Environmentally Sustainable ◽  
Sustainable Environment ◽  
The Government ◽  
The Right ◽  
Do So

O presente trabalho foi elaborado com o objetivo de melhor conhecer as leis que regulamentam nosso Direito Ambiental, trazendo informações relevantes sobre o tema. Desde seu princípio, na segunda metade do século XX, essas inovações já visavam garantir o equilíbrio entre o desenvolvimento sustentável com a qualidade de vida do ser humano, tanto para a geração da época, como também para as futuras, para que todos pudessem desfrutar dos recursos naturais tão ricos para a saúde humana. Para tanto, a constituição pátria colocou direitos e deveres oportunos a todos, pois o dever de manter um meio ambiente ecologicamente sustentável não é apenas do governo, mas também de toda a sociedade, levando como base o princípio da prevenção e da precaução, impondo, assim, que se nem todos cumprirem com essas normas terão que, de alguma forma, reparar o dano que causaram, seja pessoa física ou jurídica. Os instrumentos que a lei dispõe para questões desse cunho é a ação civil pública e a ação popular, que são os meios legais para a solução do problema. Desse modo, o agente poluidor responderá por seus atos, com a finalidade de sempre buscar o resgate do estado em que se encontrava o ambiente antes de ser atingido, buscando, principalmente, a prevenção, pois em muitas vezes o dano é muito difícil ou, até mesmo, impossível de ser reparado. Portanto, a educação ambiental e o conhecimento das leis devem ser trabalhados pelo governo na sociedade, para que se tenha um maior controle sobre os riscos que possam causar potencial perigo ao meio ambiente.PALAVRAS-CHAVE: Direito ambiental. Meio ambiente. Responsabilidade civil. Dano ambiental. Conscientização.ABSTRACTThe present work was designed to better understand the laws that regulate our Environmental Law, bringing relevant information about the theme from the beginning, in the second half of the twentieth century, these innovations were already aimed at ensuring the balance between sustainable development and quality of life of the human being, for the generation of the time, as well as for the future, so that everyone could enjoy the natural resources so rich for human health. To this end, the country's constitution has given everyone the right and duty to do so, since the duty to maintain an environmentally sustainable environment is not only a duty of the government but also of society as a whole, based on the principle of prevention and precaution, so that if not all comply with these standards will have to somehow repair the damage they caused, whether individual or legal. The instruments that the law provides for such matters are public civil action and popular action, which are the legal means to solve the problem. In this way, the pollutant agent will respond for his actions, and always the purpose will be to seek the rescue of the state in which the environment was before being hit, but mainly seek prevention, as in many times the damage is very difficult to repair or even impossible. Therefore, environmental education, and knowledge of laws must be worked by government in society, so that one can have greater control over the risks of potentially causing danger to the environment.KEYWORDS: Environmental law. Environment. Civil liability. Environmental damage. Awareness. 

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

scholarly journals GREEN CONSTITUTION INDONESIA (DISKURSUS PARADIGMATIK PEMBANGUNAN BERKELANJUTAN)

2014 ◽  
Vol 3 (2) ◽  
pp. 127
Author(s):  
Lucas Prabowo
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Future Generations ◽  
Environmental Damage ◽  
Severe Damage ◽  
International Environmental Law ◽  
Hard Law ◽  
The Right ◽  
International Conventions ◽  
Good Environment

Efforts to meet the economic needs of humans has resulted in severe damage to the ecosystem. Being aware that there is damage to natural resources and ecosystem are getting worse, various efforts underway to hold international conventions in the field of environmental protection has resulted in agreements, both of which are binding (hard law) and non-binding (soft law). Participating countries adopted the convention rules agrred up on into their legaislation, and even to strengthen the protection and enforcement of laws relating to environmental protection and the right to a good environment for the present dan future generations, environmental norms are then contained in the constitution including the Indonesian constitution, namely the post-UUD 1945 amandement. Keywords: environmental damage, international environmental law damage, intergerational equity, sustainable development, and constitution.

Horatian Notes IV: despised readings in the manuscripts of Satires Book 1

1987 ◽  
Vol 33 ◽  
pp. 16-37
Author(s):  
C.O. Brink
Keyword(s):  
Good Sense ◽  
Half Century ◽  
The Right ◽  
Do So

In three earlier instalments of these ‘Horatian Notes’ (1969, 1971, 1982) I have tried to weigh the claims to truth of manuscript variants in the transmitted text of Odes and Epodes. In the Satires there is so much of that sort of thing that I have had to restrict myself to Book 1. Now, as well as earlier, disagreements with the decisions of all or most contemporary editors arise. I note, however, that this paper was written before D. R. Shackleton Bailey's edition appeared in 1985. Readers of the present notes will find that we have come, independently if perhaps unsurprisingly, to similar conclusions on a number of passages.There is then much to say, and because of a plethora of evidence I do not propose to comment on the numerous cases where editors of the last half-century or so make what I regard as the right choice, yet, in one way or another, give rise to the suspicion that they do so for the wrong reasons. Thus at 1.1.38 very few editors now follow Keller and Vollmer, not to mention many of their early predecessors, in printing patiens to describe ‘the tiny ant’ in the animal fable designed to illustrate human failings. With Lambinus and Bentley, they do now print sapiens; yet a perusal of commentaries shows how right was A. Palmer, not usually a herald of Bentley's virtues, to refer to Bentley's note both in his app. crit. and his commentary. It is possible to print sapiens and yet to misunderstand it as ‘prudent, thrifty’; so e.g. L. Mueller. A reference to Bentley (and here also to Lambinus), which can be provided briefly in an app. crit. as much as in a commentary, is here and often elsewhere a reminder of good sense. Nevertheless, in order to save space I pass by such cases in this paper. Nor, as a rule, do I discuss cases where the quality of variants, whether preserved directly or indirectly, happens to be more or less balanced.

Balancing Environmental Protection and Offshore Petroleum Developments in Guyana

2020 ◽  
Vol 1 (1) ◽  
pp. 1-27
Author(s):  
Alicia Elias-Roberts
Keyword(s):  
Development Strategy ◽  
Biological Diversity ◽  
Environmental Law ◽  
Effective Area ◽  
Convention On Biological Diversity ◽  
State Development ◽  
Green State ◽  
The Government ◽  
The Right ◽  
Offshore Petroleum

This paper reviews Guyana's challenge to regulate the new petroleum sector. The need to amend several pieces of legislation to be aligned with the Aichi targets for 2020 under the Convention on Biological Diversity are examined. Aichi Target 11 provides that ‘by 2020, at least 17 per cent of terrestrial and inland water areas and 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscape and seascape.’ The Government of Guyana's Green State Development Strategy which has sustainable development at its core is also examined along with several environmental law principles. The Green State Development Strategy and several environmental law principles are discussed to highlight their relevance to the protection of the marine environment and biodiversity conservation. Several recommendations are made to highlight relevant laws which should be updated for the State to achieve the right balance regarding protection of the environment and sustainable management of offshore petroleum projects in line with the obligations under the Convention on Biological Diversity.

ARTIFICIAL INTELLIGENCE AND "PREDICTED JUSTICE": FOREIGN EXPERIENCE

Lex Russica ◽  
2019 ◽  
pp. 79-87
Author(s):  
P. N. Biryukov
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Relevant Information ◽  
Final Decision ◽  
Legal Information ◽  
The Right ◽  
Task Interpretation ◽  
Short Time ◽  
Analytical Tools

The paper deals with the problems of application of artificial intelligence (AI) in the field of justice. Present day environment facilitates the use of AI in law. Technology has entered the market. As a result, "predicted justice" has become possible. Once an overview of the possible future process is obtained, it is easier for the professional to complete the task-interpretation and final decision-making (negotiations, litigation). It will take a lot of work to bring AI up to this standard. Legal information should be structured to make it not only readable, but also effective for decision-making. "Predicted justice" can help both the parties to the case and the judges in structuring information, and students and teachers seeking relevant information. The development of information technology has led to increased opportunities for "predicted justice" programs. They take advantage of new digital tools. The focus is on two advantages of the programs: a) improving the quality of services provided; b) simultaneously monitoring the operational costs of the justice system. "Predicted justice" provides algorithms for analyzing a huge number of situations in a short time, allowing you to predict the outcome of a dispute or at least assess the chances of success. It helps: choose the right way of defense, the most suitable arguments, estimate the expected amount of compensation, etc. Thus, it is not about justice itself, but only about analytical tools that would make it possible to predict future decisions in disputes similar to those that have been analyzed.

scholarly journals BUMG Yang Mensejahterakan, Antara Peluang Dan Tantangan (Studi Dilingkungan Pemerintah Kota Lhoksuemawe)

2020 ◽  
Vol 7 (2) ◽  
pp. 96-106
Author(s):  
Muhammad Muhammad ◽  
Rudi Kurniawan
Keyword(s):  
Swot Analysis ◽  
Community Empowerment ◽  
Social Entrepreneur ◽  
Economic Independence ◽  
Internal Factors ◽  
Global Era ◽  
Business Units ◽  
The Government ◽  
The Right

The policy of issuing Law Number 6 of 2014 concerning Villages is the basis for allocating funds for development and empowerment of villages, which are the basis of society and the nation at the lowest level of government called Gampong. The funds allocated for the Gampong come from the APBN, Provincial APBD or Regency / City APBK. Through this policy, it is hoped that the Gampong will develop into an independent Gampong that is able to organize and take care of itself. The allocation of Gampong funds is directed to finance government activities, development and community empowerment. Specifically for the economic sector in Gampong, the government established a Village-Owned Enterprise (BUMG) which is a strategic business driver for collective economic development in order to improve the quality of life and create a prosperous society. BUMG is a form of Gampong economic independence with financial support through APBK as a capital to move strategic and potential business units based on local wisdom, with the final hope that there will be a transformation from a helpless village to a more capable and government driven village to a capable independent village organize and take care of itself. BUMG must be able to compete in today's global era with the right strategy, and BUMG must act as a social entrepreneur who not only prioritizes profit but pays more attention to the welfare of the community. To determine the potential business berkearifan riel local businesses, conducted through a SWOT analysis with a focus on internal factors BUMG ie Strength (Strength) and weakness (Weakness) owned and external factors that are Opportunities (Opportunities) and Challenge (Threats).With a SWOT analysis, it finally makes it easier to apply the concept of a plan as a step to develop a future BUMG model.

scholarly journals Strategi Pemasaran Cabai Merah Pada Sub Terminal Agribisnis Manik Mekar Nadi

2017 ◽  
Author(s):  
NI NYOMAN TISNA DEWI ◽  
I NYOMAN GEDE USTRIYANA ◽  
A.A.A. WULANDIRA SAWITRI DJELANTIK
Keyword(s):  
Technological Development ◽  
Product Distribution ◽  
Marketing Strategies ◽  
External Factors ◽  
Business Networks ◽  
Market Demand ◽  
The Government ◽  
The Stability ◽  
The Right

The Marketing Strategies of Red Chili at Sub Terminal AgribusinessManik Mekar NadiRed chili is one type of commercial vegetable that has long been cultivated in Indonesia. STA Manik Mekar Nadi has implemented marketing strategies to market its agricultural production, especially red chili. The purpose of the study was to analyze the internal and external factors, as well as the right strategies to be carried out by STA Manik Mekar Nadi in the marketing of red chili. The choice of location was done purposively and the number of the key informants was seven peoples. Results of research of marketing strategies of red chili showed that the internal factors include: the strength factors, namely, its strategic location, complete facilities, regular customers, and the guaranteed quality of red chili, while the weakness factors, namely, lack of capital, perishable products, unable to meet the demand, not using the services / advertising in the mass media. External factors include: opportunity factors, namely increasing purchasing power of consumers, government supports, increased domestic market demand, and technological development support, while the threat factors, namely, the emergence of new similar competition, consumers ‘sensitivity to price changes, fluctuations in the price of red chili at the local farmers, and the stronger bargaining power of consumers. The strategies adopted by STA Manik Mekar Nadi in marketing the red chili are to maintain the quality of red chili, to expand markets and product distribution, to increase the production of red chili, to have capital loans, promotion of technology, product standardization, standardization of prices, to expand business networks, to increase operational facilities, to maintain the stability of prices at the consumer level, and to increase the stock of red chili. The STA Manik Mekar Nadi is recommended to apply for financial assistance to the government, to add transportation and to enlarge the warehouse, as well as to conduct promotion.

PELAYANAN PEMERINTAHAN YANG BERTANGGUNG JAWAB

2018 ◽  
Vol 16 (2) ◽  
pp. 34
Author(s):  
Khairul Rahman
Keyword(s):  
Quality Of Service ◽  
Public Services ◽  
Government Responsibility ◽  
Government Services ◽  
Public Servant ◽  
Democratic State ◽  
The Government ◽  
The Right

The demands of services that priority the needs and demands of society will be difficult to be realizedwithout the responbility of every apparatus government. The complain and even critics who oftendelivered about the low quality of public services at all levels has become the theme of dailyconversation. All the evidence for the low quality of service received by society. The importance ofbuilding responsilbe government services because the society has the right to obtain services thatprioritize the objectives development. This is based on the idea that the government is actually formedto provide services to the society and in fact the government to gain power in a democratic state is amandate of society. The organizations of government are often referred to as ’society of services’(public servant). In reality, not all officials government / administrators have realized the importanceof service. The closer relationship between the service with the responsibility, the lack ofundersatnding of the government apparatus for the importance of the service indicates the weakness ofthe responsibility of the apparatus government. The complaint from society of poor and disappointingservices from the government and the flow of stories power abus. One of the causes, of all that is thelack of government responsibility to the society. An understanding of how to bulid government servicesis responsibility.

El daño al medio ambiente: entidad jurídica para la obligación de reparación

2020 ◽  
pp. 32-44
Author(s):  
Elsa Cristina Roqué Fourcade
Keyword(s):  
Environmental Law ◽  
Environmental Damage ◽  
Legal Concept ◽  
Healthy Environment ◽  
The People ◽  
The Right ◽  
Energy Law

This subject is a piece of a project whose objective is energy law. This work is focused on the legal concept of environmental damage from the perspective, doctrine and norms of environmental law. An approach where the people and the right to a healthy environment prevail is proposed, as their own elements that justify a responsible way of being for damages and integral repair.

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