scholarly journals PERTANGGUNGJAWABAN INDONESIA TERHADAP PENCEMARAN KABUT ASAP DI KAWASAN ASEAN (PENDEKATAN ECONOMIC ANALYSIS OF LAW)

2010 ◽  
Vol 40 (4) ◽  
pp. 470
Author(s):  
Deni Bram

AbstrakHaze pollution in the ASEAN region has a result from forest fires inIndonesia has long been on the annual agenda not only for Indonesia butalso began familiar to countries - countries in the ASEAN region. Theexistence of the ASEAN Agreement on Transboundary Haze Pollution asinternational instruments for overcoming [he haze pollution until now hasnot been taken seriously by the Government of Indonesia as the main actorsof the smoke haze pollution in Southeast Asia. This paper will use theapproach to economic analysis of law in finding out the background ofattitudes and legal actions undertaken by the Government of Indonesia andthe impact - the impact is likely to be accepted by the Government ofIndonesia with such acts.

2010 ◽  
Vol 40 (3) ◽  
pp. 440
Author(s):  
Deni Bram

AbstrakHaze pollution in the ASEAN region has a result from ji)rest fires inIndonesia has long been on Ihe annual agenda nOI only for Indonesia butalso began familiar to countries - countries in the ASEAN region Theexistence of the ASEAN Agreement on Transboundary Haze Pollution asinternational instruments for overcoming the haze pollution until now hasnot been taken seriously by the Government of Indonesia as the main actorsof the smoke haze pol/ution in Southeast Asia. This paper will use theapproach to economic analYSis of law in finding Ollt the background ofattitudes and legal actions undertaken by the Government of Indonesia andthe impact - the impact is likely to be accepted by the Government ofIndonesia with such acts.


2021 ◽  
Vol 15 (1) ◽  
pp. 102
Author(s):  
Husni Thamrin

This paper aims: 1. To analyze the factors that cause forest and land fires that often occur throughout the year 2. To analyze the impact of forest and land fires using the Socio-Eco-Religio-Culture approach 3. To provide solutions to the impact of forest and land fires using the Socio- Eco-Religio- Culture approach.  The method used is Qualitative Research using Grounded Theory. The results showed: 1. The causes of forest fires also occurred due to several factors, including the existence of investors and communities who cleared land for oil palm, rubber and other plantations by burning forests, extreme weather, peat areas, weak governance from the government, ignorance of local wisdom, indecisive law enforcement agencies. 2. The most severe impact felt by many parties as a result of these fires is smoke haze pollution that disturbs various aspects of life. The disruption of human activities due to forest fires can also affect productivity and income. 3. In making development policies to prevent forest fires, the anthropocentric perspective that exploits many ecological, economic, social, religious and cultural values must be changed to the Socio- Eco-Religio- Culture perspective. It is necessary to reform law enforcement in the management of deep forest fires and create a legal umbrella for preventing and overcoming forest and land outbreaks. It is necessary to socialize the values of the Socio- Eco-Religio- Culture to policy makers, students from an early age to higher education for forest fire prevention. It is necessary to implement a socio-eco-religio-culture approach in making policies to control forest and land fires.


Author(s):  
Eyal Zamir ◽  
Doron Teichman

In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. The book surveys the entire body of psychological research underpinning behavioral analysis of law, and critically evaluates the core methodological questions of this area of research. The book then discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for establishing the aims of legislation, and the means of attaining them. This is followed by a systematic and critical examination of the contributions of behavioral studies to all major fields of law—property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law—as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.


2020 ◽  
Vol 6 (3) ◽  
pp. 109-114
Author(s):  
Ekaterina A. Koroleva

The article deals with the main provisions of Richard Posners book How judges think, which is, according to the authors own assessment, an attempt by an American scientist to understand the motives that guide judges in making judgments. The emphasis Posner puts on psychology leads to the fact that the book gives the right to talk about how judges think, not about judicial behavior: considering traits, temperament, race and gender, as well as personal and professional experience. From all the above Richard Posner concludes that judges are guided by the rationality of actions and decisions. Therefore, special attention in this article is paid to the concept of rationality from the point of view of Posner himself, as well as the assessment of this concept from the point of view of Russian scientists V.L. Tambovtsev and L.V. Smorgunov, since this concept of rational choice reveals the essence of economic analysis of law. Special attention should be paid to the argument that according to Richard Posner, rational choice does not have to be without error in the conditions of lack of information or the complexity of its collection and analysis. The arguments of Henry Beckett, as one of the founders of the economic analysis of law, on rationality in the Commission of an offense are given. Also, the article considers the facts that allow to state that at present the economic analysis of the law has gone far beyond the initial attention to Antimonopoly regulation, taxation, regulation of public utilities, corporate Finance and other usual areas of economic regulation, the range of issues that can be resolved through economic analysis of the law is much wider and more diverse. According to the results of races-judgements and the estimation of economic analysis of law and the category of rationality in the legal field.


Author(s):  
Marcia Carla Pereira Ribeiro ◽  
Luis Alberto Hungaro

Resumo:O artigo analisa o ativismo do Poder Judiciário na concessão de medicamentos não contemplados nos protocolos oficiais e os potenciais efeitos na implementação de políticas públicas pelo Poder Público na área da saúde. Para tanto, utilizou-se da ferramenta da Análise Econômica do Direito, especialmente do conceito de racionalidade limitada, referente à limitação informacional dos operadores de direito, e do princípio da eficiência, o qual se relaciona com a implementação de recursos escassos visando à obtenção de soluções de maior eficiência econômica e social. Decisões judiciais foram cotejadas aos princípios econômicos no intuito de verificar as potenciais implicações decorrentes do ativismo judicial. A interpretação ampla concedida ao direito à saúde, destituída da necessária observância dos limites decorrentes de sua individualização, importa tratamento desigual, impondo ao Poder Público o ônus de prover tratamentos individuais de custos superiores ao que o sistema é capaz de fornecer comprometendo a eficácia social e econômica de políticas públicas voltadas à saúde.Palavras-chave: Concessão de Medicamentos; Ativismo Judicial; Análise Econômica do Direito; Políticas Públicas. Abstract:The article examines the activism of the judiciary in granting medicines not included in official protocols and the potential effects on the implementation of public policies by the government in health care. Therefore, we used the tool of Economic Analysis of Law, especially the concept of bounded rationality on the informational limitations of law enforcement officers, and the principle of efficiency, which relates to the implementation of limited resources in order to obtain solutions of greater economic and social efficiency. Judicial decisions were collated to economic principles in order to examine the potential implications of judicial activism. The broad interpretation given to the right to healthcare, devoid of proper compliance with the limits of its individualization, it unequal treatment, imposing upon the Government the burden of providing individual treatments in excess of the costs that the system is able to provide compromising efficacy and social of economic policies geared towards health.Keywords: Provision of Medicines; Judicial Activism; Economic Analysis of Law; Public Policies.


Author(s):  
Cheong ◽  
Ngiam ◽  
Morgan ◽  
Pek ◽  
Tan ◽  
...  

Air pollution has emerged as one of the world’s largest environmental health threats, with various studies demonstrating associations between exposure to air pollution and respiratory and cardiovascular diseases. Regional air quality in Southeast Asia has been seasonally affected by the transboundary haze problem, which has often been the result of forest fires from “slash-and-burn” farming methods. In light of growing public health concerns, recent studies have begun to examine the health effects of this seasonal haze problem in Southeast Asia. This review paper aims to synthesize current research efforts on the impact of the Southeast Asian transboundary haze on acute aspects of public health. Existing studies conducted in countries affected by transboundary haze indicate consistent links between haze exposure and acute psychological, respiratory, cardiovascular, and neurological morbidity and mortality. Future prospective and longitudinal studies are warranted to quantify the long-term health effects of recurrent, but intermittent, exposure to high levels of seasonal haze. The mechanism, toxicology and pathophysiology by which these toxic particles contribute to disease and mortality should be further investigated. Epidemiological studies on the disease burden and socioeconomic cost of haze exposure would also be useful to guide policy-making and international strategy in minimizing the impact of seasonal haze in Southeast Asia.


2020 ◽  
Vol 13 (11) ◽  
pp. 1305-1312 ◽  
Author(s):  
Hong Zhao ◽  
Xiaoxi Cao ◽  
Tao Ma

Abstract Based on statistical data on 30 provincial administrative regions in China from 2000 to 2016, this paper conducts an empirical study of the impact of industrial agglomeration on haze pollution using the spatial Dubin model (SDM), spatial lag model (SLM), and spatial error model (SEM). The findings are as follows: (1) Industrial agglomeration can effectively reduce the degree of haze pollution. (2) Haze pollution has an inverted U-shaped relationship with economic development and population agglomeration. (3) The secondary industry has a positive correlation with haze pollution, while the tertiary industry can reduce haze pollution but not in an obvious manner. (4) The level of innovation and urbanization can help to reduce haze pollution, and the level of economic opening up and carbon dioxide emissions can exacerbate haze pollution. (5) Due to the insufficient commercialization of scientific and technological achievements, investment in science and technology is not obviously effective in preventing and controlling haze pollution. The relationship between environmental regulation and haze pollution is still unclear due to regional differences and the varied effectiveness of law enforcement. The study suggests that the government should guide industrial agglomeration in a reasonable manner, improve joint prevention and control across regions, and strengthen environmental regulation to prevent and control haze pollution.


2021 ◽  
Vol 6 (1) ◽  
pp. 149
Author(s):  
Endah Rantau Itasari ◽  
Dewa Gede Sudika Mangku

This study aimed to determine the extent of the implementation of the ASEAN Agreement on Transboundary Haze Pollution in the Southeast Asia Region. This study was normative empirical legal research (applied law research). Empirical normative legal research began with written positive legal provisions that were applied to in-concreto legal events in society. The principle of the working mechanism of the ASEAN Agreement on Transboundary Haze Pollution was the right to exploit one’s own resources with environmental and development policies, but this cannot be separated from the responsibility to ensure that exploitative activities did not cause environmental damage and threaten human health from other countries or an area outside the jurisdiction of a country but seeing the incidence every year there were still forest fires that cause a large haze and cause inconvenience to other ASEAN member countries and this must be immediately sought out so that an agreement that had been mutually agreed upon the same can be a parameter to reduce the occurrence of haze in the Southeast Asia region.


2017 ◽  
Vol 1 (2) ◽  
pp. 98-123
Author(s):  
Salman Munthe

Asean Economic Community (AEC) in 2015 was the realization of a free market in Southeast Asia that has been done gradually began ASEAN Summiting in Singapore in 1992. The purpose of the establishment of the ASEAN Economic Community (AEC)is to enhance economic stability in the ASEAN region, and expected to address the problem- problems in the economic field between ASEAN countries. MEA consequences of the agreement in the form of free flow of goods to the ASEAN countries, the impact of the free flow of services, the impact of the free flow of investment, the impact of the flow of skilled labor, and the impact of the free flow of capital. These things can certainly result in positive or negative for the Indonesian economy. Therefore, from the government side also run the strategies and measures that Indonesia is ready and able to take advantage of MEA MOMENTUM.Masyarakat Ekonomi Asean (MEA) 2015 merupakan realisasi pasar bebas di Asia Tenggara yang telah dilakukan secara bertahap mulai KTT ASEAN di Singapura pada tahun 1992. Tujuan dibentuknya Masyarakat Ekonomi ASEAN (MEA) untuk meningkatkan stabilitas perekonomian di kawasan ASEAN, serta diharapkan mampu mengatasi masalah-masalah di bidang ekonomi antar negara ASEAN. Konsekuensi atas kesepakatan MEA tersebut berupa aliran bebas barang bagi negara-negara ASEAN, dampak arus bebas jasa, dampak arus bebas investasi, dampak arus tenaga kerja terampil, dan dampak arus bebas modal. Hal-hal tersebut tentunya dapat berakibat positif atau negative bagi perekonomian Indonesia. Oleh karena itu dari sisi pemerintah juga dilakukan strategi dan langkah-langkah agar Indonesia siap dan dapat memanfaatkan momentum MEA.


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