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.

scholarly journals Disclosure of Information on Environmental Documents in Supporting the Role of Public Monitoring

Yuridika ◽  
2021 ◽  
Vol 36 (2) ◽  
pp. 313
Author(s):  
I Made Gemet Dananjaya Suta ◽  
I Gusti Agung Mas Prabandari ◽  
Ni Luh Gede Astariyani
Keyword(s):  
Research Method ◽  
Environmental Law ◽  
Environmental Damage ◽  
Conceptual Approach ◽  
Healthy Environment ◽  
Important Impact ◽  
Disclosure Of Information ◽  
The Right ◽  
Public Monitoring

The role of the community is very important in realizing the fulfillment of the right to a good and healthy environment for everyone as part of human rights. The lack of awareness of the disclosure of information on environmental documents to the public in conducting surveillance of activities or businesses that have an important impact on the environment is one of the many violations of environmental law that results in environmental damage and pollution. This paper seeks to examine the importance of information disclosure on environmental documents in supporting the role of community oversight of activities that have an important impact on the environment. The research method used is a normative legal research method with the statutory approach and conceptual approach. The conclusion of this paper discovered that disclosure of information on environmental documents is important as an effort to optimize the role of public monitoring. Environmental documents are used as a guide for detailed information related to compliance with the implementation of activity on its terms and obligations. This disclosure information must be seen as the implementation of the right to access information in support of the implementation of community responsibility for guaranteeing and fulfilling the rights of everyone to a good and healthy environment as a human right so that environmental damage and pollution from activities that are illegal and/or violate their environmental permits can be controlled and prevented.

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.

scholarly journals Penegakan Hukum Lingkungan Bidang Pertambangan Batubara dan Penguatan Lembaga Masyarakat Adat

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 8
Author(s):  
Afif Syarif ◽  
Eko Nuriyatman
Keyword(s):  
Coal Mining ◽  
Indigenous Peoples ◽  
Environmental Law ◽  
Environmental Damage ◽  
Scientific Article ◽  
Research Approach ◽  
Community Institutions ◽  
The People ◽  
Approach Method ◽  
Mining Law

This scientific article discusses the enforcement of environmental law in the field of coal mining and the strengthening of indigenous community institutions in Bungo Regency. The research approach method used in this scientific article is normative juridical and empirical juridical to be able to find the concept of enforcement of environmental law in the field of coal mining by examining the principles of mining law for the welfare of the community. The nature of environmental law should be able to prevent the occurrence of pollution and environmental damage and the existence of institutions of indigenous peoples in Bungo District has not functioned in the enforcement of environmental law in the field of coal mining business. Therefore the Bungo District government needs to strengthen the institutional of indigenous peoples so that it can function to enforce environmental law against coal mining to improve the welfare of the people in Bungo District.

scholarly journals IMPLEMENTASI ASAS TANGGUNG JAWAB NEGARA SEBAGAI BENTUK PERLINDUNGAN HUKUM TERHADAP KERUSAKAN TERUMBU KARANG (Studi Kasus Kecelakaan Kapal MV Caledonian Sky di Raja Ampat)

Law Review ◽  
2018 ◽  
Vol 17 (3) ◽  
pp. 250
Author(s):  
Kristwan Genova Damanik
Keyword(s):  
Law Enforcement ◽  
Environmental Law ◽  
State Responsibility ◽  
Environmental Damage ◽  
Law System ◽  
Application Of Law ◽  
The People ◽  
Legal Sanctions ◽  
The Government ◽  
Legal Understanding

<em>In Law No.32/2009 on Environmental Protection and Management, the principle of state responsibility is one of the means of protecting pollution and/or environmental damage. The principle of state responsibility server to ensure the utilization of natural resources for the welfare of the people, both present and future generations.Normatively, laws and regulations regulate sanctions for perpetrators of environmental violations, but in the application of law there is unity of action (ego sectoral), so the dispute resolution becomes complicated<strong>. </strong>Inadequate legal understanding of the state’s affirmative officials results  in  constrained law enforcement, and well as regulated legal sanctions for officials who neglect to carry out the task of giving the impression the government is not serious about addressing environment violations.The various  weaknesses and obstacles in applying the principle of state responsibility in the environmental law system in Indonesia related to ship MV Caledonian Sky  accident is the core of research that poured  in this paper</em>

scholarly journals KONSEP HUKUM PENGADAAN TANAH UNTUK PEMBANGUNAN JALAN TOL DALAM PERSPEKTIF HAK MENGUASAI NEGARA

Yurispruden ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 93
Author(s):  
Diyan Isnaeni
Keyword(s):  
Road Construction ◽  
The State ◽  
Customary Law ◽  
Land Acquisition ◽  
Legal Concept ◽  
Toll Road ◽  
The People ◽  
Road Development ◽  
The Government ◽  
The Right

ABSTRACT Problems faced by the government in the implementation of development include the issue of providing land for development itself, including the acquisition of land for toll road construction. because state land which is directly controlled by the state is limited or can be said to be almost nothing anymore. To acquire land for toll road development by the government by freeing people's land, both controlled by customary law, and other rights attached to it. In implementing Law Number 2 of 2012 as a juridical basis, the government carrying out land acquisition for toll road construction often creates problems both juridical and empirical.The legal concept of land acquisition for toll road development in the perspective of the right to control the state, must be returned to the nature of the public interest and the nature of the state's right to control for the greatest prosperity of the people by continuing to create development based on humanitarian principles, meaning that it must continue to prioritize and pay attention to private rights which constitute constitutional rights of the people. Keywords: Land Procurement, toll road construction   ABSTRAK Permasalahan yang dihadapi oleh pemerintah dalam pelaksanaan pembangunan diantaranya adalah masalah penyediaan tanah untuk pembangunan itu sendiri, termasuk pengadaan tanah untuk pembangunan jalan tol.  karena tanah negara yang dikuasai langsung oleh negara terbatas atau dapat dikatakan hampir tidak ada lagi. Untuk memperoleh tanah untuk pembangunan jalan tol oleh pemerintah dengan membebaskan tanah milik rakyat, baik yang dikuasai oleh hukum adat, maupun hak-hak lainnya yang melekat diatasnya. Dalam implementasinya Undang-Undang Nomor 2 Tahun 2012 sebagai landasan yuridis pemerintah melaksanakan pengadaan tanah untuk pembangunan jalan tol  sering menimbulkan permasalahan baik secara yuridis maupun empiris.Konsep hukum pengadaan tanah untuk pembangunan jalan tol dalam perspektif hak menguasai negara, harus dikembalikan pada hakekat kepentingan umum dan hakekat hak menguasai negara yaitu untuk sebesar-besar kemakmuran rakyat dengan tetap menciptakan pembangunan yang berlandaskan asas kemanusiaan artinya harus tetap  memprioritaskan dan memperhatikan hak privat yang merupakan hak konstitusional rakyat. Kata Kunci: Pengadaan Tanah, pembangunan jalan tol

scholarly journals COMPENSATION FOR ENVIRONMENT

2021 ◽  
Vol 03 (08) ◽  
pp. 81-93
Author(s):  
Leila KRACHE
Keyword(s):  
Sustainable Development ◽  
Environmental Pollution ◽  
Civil Liability ◽  
Future Generations ◽  
Environmental Responsibility ◽  
Environmental Damage ◽  
Healthy Environment ◽  
Environmental Damages ◽  
Technological Developments ◽  
The Right

The right to a healthy environment is one of the rights of peoples and present and ‎future generations, especially in light of modern technological developments that ‎have contributed greatly to the rate of environmental pollution, which has ‎multiplied environmental damage, and to confront these environmental damages, ‎there were many efforts at the international and internal levels.‎ ‎In keeping with comparative legislation, the legislator introduced the first law ‎for the protection of the environment under Law 10/03 relating to the protection ‎of the environment within the framework of sustainable development, which is ‎characterized by its preventive and deterrent nature, but it did not provide for ‎civil penalties related to compensation for environmental damage, which means ‎the implementation of the traditional rules recognized in the field of Civil liability ‎that is no longer appropriate given the specificity of environmental damage‎‎‎. Keywords: EEnvironmental Damage, Environment, Environmental Responsibility, ‎Compensation, Environmental Pollution, Implementation, Sustainable ‎Development

scholarly journals PENINGKATAN PENGETAHUAN HUKUM LINGKUNGAN DAN ENGLISH CONVERSATION PENJAGA PANTAI MENDUKUNG PROGRAM WISATA BAHARI BATAM

2020 ◽  
Vol 1 (2) ◽  
pp. 81-88
Author(s):  
Zuhdi Arman ◽  
Tomi Arianto
Keyword(s):  
Environmental Law ◽  
Local Area ◽  
Environmental Damage ◽  
Environmental Preservation ◽  
Legal Rules ◽  
Marine Tourism ◽  
The People ◽  
The Times ◽  
Rules Of The Game

The development of a tourist area must be supported by the facilities and quality of existing Human Resources knowledge in the local area; Namely knowledge of tourism activities, the ability and communication skills and understanding of the rules of the game with foreign tourists. Setokok Beach is one of the destinations taken into account in supporting the marine tourism area in Batam. For this reason, legal guidance is needed specifically relating to the environment and the legal rules governing environmental preservation to the community so that they can live a life of society, nation and state without doing any damage to the environment that is now rife in Batam for it as one of the areas around Batam island in order to be prevented about the dangers of environmental damage in accordance with the current of globalization and the development of the times so that inevitably the community is demanded to be able to know the ins and outs of legal issues related to preserving and protecting the environment especially to the people at Setokok beach. The method taught is in the form of fostering Understanding of Environmental Law and English conversation practice according to the needs and conditions of training participants. The results obtained through community service in Setokok Beach can be seen from the mastery of the ability to practice law and speaking conversation.

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. 

The 2017 Inter-American Court's Advisory Opinion: changing the paradigm for international environmental law in the Anthropocene

2021 ◽  
Vol 12 (1) ◽  
pp. 24-50
Author(s):  
Maria Antonia Tigre ◽  
Natalia Urzola
Keyword(s):  
Environmental Law ◽  
Ecological Crisis ◽  
Environmental Harm ◽  
Environmental Damage ◽  
Advisory Opinion ◽  
International Environmental Law ◽  
Healthy Environment ◽  
Environmental Diplomacy ◽  
Legal Arguments ◽  
Extraterritorial Jurisdiction

The state of our environment is continuously deteriorating, and the frame of the ‘Anthropocene’ calls for transformative laws that respond to the current socio-ecological crisis. Since environmental diplomacy has signally failed to respond to current challenges, courts are being confronted with crucial questions that fundamentally address whether existing legal tools are sufficient to ensure human survival. In 2017, the Inter-American Court of Human Rights issued a landmark Advisory Opinion that goes some way towards answering this question. The Advisory Opinion recognized extraterritorial jurisdiction for transboundary environmental harm; the autonomous right to a healthy environment; and State responsibility for environmental damage within and beyond the State's borders. This article analyzes the legal arguments constructed by the Court, assessing whether, and how, the Opinion changes paradigms of international environmental law.

“Lhaka Honhat Association v. Argentina”: Landmark decision on direct justiciability of Article 26 ACHR and the autonomous right to a healthy environment

2020 ◽  
Vol 53 (4) ◽  
pp. 492-506
Author(s):  
Margret Carstens
Keyword(s):  
Human Rights ◽  
Indigenous Communities ◽  
Environmental Damage ◽  
Court Cases ◽  
Human Right ◽  
Healthy Environment ◽  
Adequate Food ◽  
The Right ◽  
Access To Food ◽  
Scope Of Protection

The Inter-American Court of Human Rights (IACtHR), after 28 years of conflict with the Argentine state, finally ruled in favor of the rights of the indigenous communities of Salta, Argentina. The Court condemned Argentina for violating the right of these indigenous communities to their cultural identity, a healthy environment, and adequate food and water. The Court ordered specific action in Argentina for the restitution of those rights, including urgently needed access to food and water, reforestation and the recovery of indigenous culture. Lhaka Honhat is a landmark judgment for the IACtHR sets a precedent concerning the direct justiciability of Article 26 of the American Convention on Human Rights (ACHR). This is the first ruling by this Court to independently analyze the human right to a healthy environment. “Lhaka Honhat” establishes clearer rules for State actions concerning the principle of prevention of environmental damage caused by private individuals and establishes guidelines for restitution and compensation for the violation of indigenous (collective) rights when their natural resources are affected. A more comprehensive reading of the scope of protection under Article 26 in future court cases is likely.

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