scholarly journals Mining Corruption and Environmental Degradation in Indonesia: Critical Legal Issues

BESTUUR ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 90
Author(s):  
Hilaire Tegnan ◽  
Lego Karjoko ◽  
Jaco Barkhuizen ◽  
Anis H Bajrektarevic
Keyword(s):  
Environmental Degradation ◽  
Environmental Law ◽  
Mining Industry ◽  
Environmental Issues ◽  
Environmental Standards ◽  
Government Officials ◽  
Political Leaders ◽  
Environmental Laws ◽  
Mining Law ◽  
Laws And Regulations

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Indonesia has enacted mining law, environmental protection law, and a number of rules addressing mining and environmental issues. However, the establishment of these numerous laws and regulations has not resulted in a decline in corruption cases and environmental degradation. In fact, government officials are frequently lenient with mining industry owners who fail to follow good environmental standards. This is critical since Indonesia has spent the last two decades attempting to resolve corruption and environmental challenges. This study describes specific instances of mining and environmental law confusion resulting from corrupt activities. The study takes a normative legal approach. Resources have been gathered through examinations of mining and environmental laws and regulations, as well as reports by multiple authorities that track the same subject. The study demonstrates how prior Indonesian mining law policy acknowledged regional governments as mining authorities. The policy has caused widespread mining corruption, particularly in the area of business permits, involving regional political leaders and the private sector. The irresponsibility of regional political elites has jeopardized the environment and ecosystem. It is also an echo of overlapping legislation and authorities in the mining and environmental sectors.</p></td></tr></tbody></table></div>

scholarly journals The Impact of Environmental Management Plans on Firms’ Compliance with Governmental Regulations and Environmental Laws

2015 ◽  
Vol 5 (1) ◽  
pp. 30
Author(s):  
Hlamulo Reply Makelane
Keyword(s):  
Environmental Management ◽  
Impact Assessment ◽  
Industrial Development ◽  
Environmental Law ◽  
Research Question ◽  
Environmental Damage ◽  
Environmental Standards ◽  
Environmental Laws ◽  
The Impact ◽  
Laws And Regulations

<p class="emsd"><span lang="EN-GB">Many developed and developing countries have enacted environmental laws and regulations to control water quality and the environment. However, human activities, such as agriculture, urban and industrial development, mining, and recreation, significantly alter the quality of natural environments and their potential use. The compliance of firms with environmental laws is of great concern to scientists, governments, and regulatory agencies. The presence of hazardous chemicals in water resources even in small amounts may cause massive environmental damage. Thus, governments pass environmental laws and regulations to monitor human activity and enforce compliance with environmental standards. This study investigates the potential to improve firms’ compliance with environmental standards by implementing an environmental management plan (EMP) within a public firm and a private firm in South Africa. EMP implementation is required to mitigate and manage environmental risk. This study asks the following research question: To what extent does EMP implementation enhance a firm’s compliance to environmental laws and regulations? Further, to what extent are the specific characteristics of a firm associated with various EMP categories? The study used methods of inspection, observation, impact assessment, implementation, and monitoring to answer the research question. In both firms under study, the results showed no compliance with environmental law during initial site inspection and impact assessment. However, the implementation of EMPs in both firms improved compliance with environmental laws to nearly one hundred percent. As a result, EMPs were successfully implemented and monitored, improving the firms’ compliance with environmental laws and reducing negative environmental impacts to an insignificant level.</span></p>

Environmental Laws

2017 ◽  
Author(s):  
Pamela Hill
Keyword(s):  
United States ◽  
Environmental Law ◽  
State Legislatures ◽  
Environmental Issues ◽  
The United States ◽  
Environmental Laws ◽  
Legal Decisions ◽  
Environmental Disputes

What is environmental law in the United States? In the United States environmental law consists of laws enacted by Congress and by state legislatures to address environmental issues, and the written legal decisions of judges resolving environmental disputes arising from these laws. Both are now...

scholarly journals JURIDIC REVIEW ON INTEGRATED LAW ENFORCEMENT IN ENVIRONMENTAL CRIME

2021 ◽  
Vol 9 (06) ◽  
pp. 778-782
Author(s):  
Agung Susanto ◽  
◽  
Agus Surono ◽  
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Secondary Data ◽  
Environmental Issues ◽  
Constitutional Court ◽  
Environmental Laws ◽  
Effective Implementation ◽  
Law Enforcement Officials ◽  
Environmental Crimes

The potential for environmental problems that can have a major impact on the preservation of nature and human health raises awareness of the need to regulate environmental issues with legal instruments. The mechanism for enforcing environmental crimes in Indonesia is contained in Law Number 32 of 2009 concerning Environmental Protection and Management and the Decision of the Constitutional Court Number 18/PUU-XII/2014 dated January 21, 2015, which is carried out in an integrated manner. Nevertheless, there are problems in implementation, namely due to the unclear model of the application in terms of coordination between lemabaga, resulting in law enforcement in an integrated manner less efficient and effective implementation of this research is library researchusing methods Juridical Empirical and manifold qualitative by examining various kinds of primary and secondary data and will describe how the implementation of integrated law enforcement in environmental crimes based on Law Number 32 of 2009 concerning Environmental Protection and Management and Constitutional Court Decision Number 18/PUU-XII/2014 Date January 21, 2015. Support for environmental criminal law enforcement contained in UUPPLH is the existence of environmental Civil Servant Investigators (PPNS) (Article 94) who have the authority to conduct investigations in cases of environmental pollution and or destruction. Therefore, to inhibit the rate of pollution and environmental destruction, in particular, it is necessary to enforce environmental laws in an integrated manner. Enforcement of environmental law is closely related to the ability of the apparatus and the compliance of citizens with laws and regulations. Seeing the courts decision in this study, it is suspected that environmental law enforcement officials have not made much progress and do not understand the environmental law enforcement system, which should be carried out in an integrated manner.

Locating Nature: Making and Unmaking International Law

2014 ◽  
Vol 27 (3) ◽  
pp. 573-593 ◽  
Author(s):  
USHA NATARAJAN ◽  
KISHAN KHODAY
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Degradation ◽  
Environmental Law ◽  
Environmental Issues ◽  
Environmental Harm ◽  
International Environmental Law ◽  
Wealth Generation ◽  
The Relationship

AbstractThis article explores the relationship between international law and the natural environment. We contend that international environmental law and general international law are structured in ways that systemically reinforce ecological harm. Through exploring the cultural milieu from which international environmental law emerged, we argue it produced an impoverished understanding of nature that is incapable of responding adequately to ecological crises. We maintain that environmental issues should not be confined to a disciplinary specialization because humanity's relationship with nature has been central to making international law. Foundational concepts such as sovereignty, development, property, economy, human rights, and so on, have evolved through understanding nature in ways that are unsuited to perceiving or observing ecological limits. International law primarily sees nature as a resource for wealth generation to enable societies to continually develop, and environmental degradation is treated as an economic externality to be managed by special regimes. Through tracing the co-evolution of these assumptions about nature alongside seminal disciplinary concepts, it becomes evident that such understandings are central to shaping international law and that the discipline helps universalize and normalize them. By comprehending more broadly the relationship between nature and international law, it is possible to see beyond law's potential to correct environmental harm and identify the disciplinary role in driving ecological degradation. Venturing beyond the purview of international environmental lawyers, this article considers the role of all international lawyers in augmenting and mitigating ecological crises. It concludes that disciplinary solutions to environmental problems require radical departures from existing disciplinary tenets, necessitating new formulations that encapsulate rich and diverse understandings of nature.

scholarly journals The Status of Environmental Laws on the Environment Quality Standards

2020 ◽  
Vol 6 ◽  
pp. 15-19
Author(s):  
Elena M. Andreeva ◽  
Keyword(s):  
Environmental Quality ◽  
Environmental Issues ◽  
Quality Standards ◽  
Legal Regulation ◽  
Environmental Standards ◽  
Environmental Legislation ◽  
Environmental Laws ◽  
Environment Quality ◽  
Environmental Quality Standards ◽  
The Status

This publication is devoted to the research of Russian legal regulation of environmental quality standards. So in the article the concept, functions and types of this group of environmental standards were investigated. Particular attention is paid to the controversial, problematic issues of the commented legal institution. As a result of the study, the author came to the conclusion that legislation on this field of environmental protection is developing rapidly. Meanwhile, many more environmental issues remain beyond the scope of the legal solution. So, the author found that there is no exhaustive, statutory list of physical indicators that are subject to state standardization. Commented standards are dispersed in a huge number of regulatory and technical acts, which are not ordered in any way. For the most part, many environmental quality standards are aimed at protecting human health. Physical standards of quality in the field of flora and fauna are practically absent. The article contains proposals for improving environmental legislation in the considered area.

Status and Trend of Environmental Laws and Regulations

2008 ◽  
Vol 62 (12) ◽  
pp. 1496-1501
Author(s):  
Shigenori Imamiya
Keyword(s):  
Environmental Laws ◽  
Laws And Regulations

scholarly journals The Impact of Sustainability Awareness and Moral Values on Environmental Laws

2021 ◽  
Vol 13 (11) ◽  
pp. 5882
Author(s):  
Rita Yi Man Li ◽  
Yi Lut Li ◽  
M. James C. Crabbe ◽  
Otilia Manta ◽  
Muhammad Shoaib
Keyword(s):  
Sustainable Development ◽  
Developing Countries ◽  
Environmental Law ◽  
Developed Countries ◽  
Moral Values ◽  
Web Pages ◽  
Environmental Legislation ◽  
Environmental Laws ◽  
Academic Publications ◽  
The Impact

We argue that environmental legislation and regulation of more developed countries reflects significantly their moral values, but in less developed countries it differs significantly from their moral values. We examined this topic by using the keywords “sustainability” and “sustainable development”, studying web pages and articles published between 1974 to 2018 in Web of Science, Scopus and Google. Australia, Zimbabwe, and Uganda were ranked as the top three countries in the number of Google searches for sustainability. The top five cities that appeared in sustainability searches through Google are all from Africa. In terms of academic publications, China, India, and Brazil record among the largest numbers of sustainability and sustainable development articles in Scopus. Six out of the ten top productive institutions publishing sustainable development articles indexed in Scopus were located in developing countries, indicating that developing countries are well aware of the issues surrounding sustainable development. Our results show that when environmental law reflects moral values for betterment, legal adoption is more likely to be successful, which usually happens in well-developed regions. In less-developed states, environmental law differs significantly from moral values, such that changes in moral values are necessary for successful legal implementation. Our study has important implications for the development of policies and cultures, together with the enforcement of environmental laws and regulations in all countries.

scholarly journals Bending the Rules: A Dutch Approach to Improving the Flexible Application of Environmental Standards

2016 ◽  
Vol 17 (4) ◽  
pp. 691-704 ◽  
Author(s):  
Hanna Tolsma ◽  
Kars de Graaf
Keyword(s):  
Environmental Law ◽  
Green Energy ◽  
Dutch Government ◽  
Fundamental Change ◽  
Environmental Standards ◽  
Flexible Application ◽  
New System ◽  
Recovery Act

AbstractEnvironmental standards should not be a hindrance for economically relevant projects — especially in the fields of sustainability and green energy. Therefore, the Dutch legislature implemented experimental instruments in the Crisis and Recovery Act to improve the flexible application of environmental standards. They did this by allowing competent authorities to deviate from these standards. This article analyzes this Dutch approach, which can be characterized as “bending the rules.” Are these instruments legally sound and how are the relevant provisions applied in practice? Dutch government is currently working on a fundamental change of the system of environmental law with a new Environment and Planning Act. Should this new system of environmental law include a general permanent provision to deviate from environmental standards? This article provides environmental scholars with some lessons that can be learned from the Dutch Approach.

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