scholarly journals Hak Mengajukan Gugatan dalam Sengketa Lingkungan Hidup

2019 ◽  
Vol 21 (1) ◽  
pp. 93-108
Author(s):  
Muzakkir Abubakar
Keyword(s):  
Environmental Pollution ◽  
Class Action ◽  
Environmental Damage ◽  
Regional Government ◽  
Business People ◽  
Environmental Disputes ◽  
Civil Lawsuit ◽  
Legal Standing ◽  
The Government ◽  
Citizen Suits

Penelitian ini ingin menjawab keberadaan pihak-pihak yang dapat mengajukan gugatan ke pengadilan apabila terjadinya  kerugian akibat perbuatan melawan hukum dalam lingkungan hidup. Perbuatan melawan hukum yang menimbulkan kerugian akibat pencemaran atau perusakan lingkungan yang dilakukan oleh pengusaha atau penanggungjawab usaha dan/atau perusakan lingkungan hidup. Penyelesaian sengketa lingkungan hidup melalui pengadilan dapat dilakukan melalui gugatan perdata biasa yang diajukan oleh pihak korban atau  anggota masyarakat biasa yang mengalami kerugian. Dengan melakukan studi dokumen, ditemukan bahwa dengan berlakunya Undang-Undang Nomor 32 Tahun 2009 telah memberikan kesempatan untuk mengajukan gugatan melalui legal standing/LSM, prosedur class action  atau melalui citizen suit yang merupakan hak gugat tanpa adanya kepentingan hukum. Pemerintah atau Pemerintah Daerah sebagai penanggung jawab di bidang lingkungan hidup juga dapat mengajukan gugatan terhadap pelaku pencemaran dan/ atau perusakan lingkungan hidup untuk kepentingan dan kesejahteraan masyarakat. Right to Submit a Law in the Environmental Disputes This study wants to answer the existence of parties who can file a lawsuit to the court if there is an unlawful act that results in a loss to the environment. Unlawful acts that cause losses due to pollution or environmental damage carried out by employers or business people responsible for and/or environmental damage. Settlement of environmental disputes through a court can be carried out through civil lawsuit filed by victims or community who suffer losses. By conducting document studies, it was found that with the enactment of Law No. 32 of 2009, it has provided an opportunity to file a lawsuit through legal standing, class action or through citizen suits which constitute a claim right without any legal interest. The Government or Regional Government as the person in charge of the environmental sector can also file a lawsuit against the perpetrators of environmental pollution and/or damage for the benefit and welfare of the community.

scholarly journals Regulation and Protection of the Sea from Oil Pollution by Tanker Ships in Indonesia

2021 ◽  
Vol 20 (1) ◽  
pp. 1
Author(s):  
Elly Kristiani Purwendah ◽  
Aniek Periani ◽  
Elisabet Pudyastiwi
Keyword(s):  
Environmental Economic ◽  
Environmental Control ◽  
Oil Pollution ◽  
Environmental Damage ◽  
Regional Government ◽  
Economic Instruments ◽  
Roles And Responsibilities ◽  
The Government ◽  
Laws And Regulations

Environmental control in this case is intended to include prevention, mitigation and recovery carried out by the government, regional government and those in charge of businesses and/or activities in accordance with their respective authorities, roles and responsibilities. One of the instruments for preventing pollution and/or environmental damage consists of; environmental economic instruments, environmental-based laws and regulations, environmental-based budgets and other instruments according to the needs and/or developments of science.

scholarly journals Gugatan Class Action dalam Hukum Perlindungan Konsumen

to-ra ◽  
2015 ◽  
Vol 1 (2) ◽  
pp. 89
Author(s):  
Wiwik Sri Widiarty
Keyword(s):  
Consumer Protection ◽  
Low Cost ◽  
Class Action ◽  
Judicial Process ◽  
Consumer Protection Act ◽  
Civil Lawsuit ◽  
The Government ◽  
The Many ◽  
The Right ◽  
First Time

Abstract   First time of the many cases that harm the interests of consumers as well as to the need for information and the development of knowledge in the field of law today is known as the class action, the Government, and Dewan Perwakilan Rakyat give attention to consumers in Indonesia. Provisions governing Class Action contained in Law No. 32 Year 2009 on Protection And Environmental Management, and Law No. 8 of 1999 on Consumer Protection, and also law PERMA No.1 Year 2002 on Proces Class Action. In order to demand justice for the consumer losses caused by the business, the consumer has the right to demand their rights as set out in the Consumer Protection Act, that the dispute mechanism can be chosen voluntarily by the parties to the dispute, namely through the courts or out of court. The class action suit is a civil lawsuit filed by a group of people who have an interest in a similar problem, either one or more of their members to sue or be sued as representative of the group without any members of the group are involved directly in the judicial process. In connection with this there is the benefit of a class action lawsuit in consumer disputes in court, but to fight for their rights, the principle litigants with simple, fast, and low cost, and the determinants that be a reason to be eligible class action, both in practice as well as in its implementation.   Kata Kunci: Gugatan Class Action

PENGAWASAN PENGELOLAAN LIMBAH CAIR PADA INDUSTRI PENGOLAHAN KELAPA SAWIT DI KABUPATEN BANYUASIN (Study Empiris : Kecamatan Tanjung Lago)

2020 ◽  
Vol 9 (2) ◽  
pp. 49-57
Author(s):  
Dian Kristiawan ◽  
Siti Zubaidah
Keyword(s):  
Environmental Monitoring ◽  
Environmental Pollution ◽  
Industrial Waste ◽  
Damage Control ◽  
Liquid Waste ◽  
Environmental Damage ◽  
Control Section ◽  
The Government ◽  
Environmental Agency ◽  
Research Show

This study discusses environmental monitoring which is an activity carried out directly or indirectly by the regional environmental supervisory apparatus to determine compliance with business and / or activity compliance with regulations in controlling environmental pollution. This research method uses qualitative research using the theory proposed by T. Hani Handoko (1995: 23) "Basic Oversight", namely: 1. Preliminary Supervision; 2. Supervision of Implementation; 3. Feedback Monitoring (After Implementation). Key informants were: Head of the Banyuasin District Environmental Agency, Head of Environmental Compliance and Capacity Building, Head of the Environmental Monitoring Section, Head of the Environmental Pollution Control Section, the Head of the Environmental Damage Control Section and the Company Management. The results of the research show that compliance with business and / or activities responsible for the regulation in controlling environmental pollution has problems, namely: the available budget is still limited for supervisory operational needs, the implementation of supervision in Banyuasin District seems slow and has not been implemented well apart from the lack of company compliance in reporting liquid waste management in Banyuasin Regency for that important role with stakeholders, namely the government, the community, and companies that produce waste is needed. Conducted joint supervision will have a very effective impact in overseeing industrial waste that will result in environmental pollution, while the company itself should periodically and continuously check the industrial waste produced

scholarly journals LINGKUNGAN HIDUP SEBAGAI SUBJEK HUKUM: REDEFINISI RELASI HAK ASASI MANUSIA DAN HAK ASASI LINGKUNGAN HIDUP DALAM PERSPEKTIF NEGARA HUKUM

2018 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Abdurrahman Supardi Usman
Keyword(s):  
Legal Protection ◽  
The State ◽  
Legal Rights ◽  
Legal Person ◽  
Legal Subject ◽  
Environmental Disputes ◽  
Legal Standing ◽  
The World ◽  
The Government ◽  
New Perspective

Inspired by “Should Trees Have Standing? Toward Legal Rights for Natural Objects” (Christopher D. Stone, 1974) that popularized the doctrin: “environment as a legal subject”. This thesis was directly elaborating the relation between the constitutional aspect of the “state of law” and its admission of environmental rights, not just about the dimention of the philosophy of law but beyond of it: this thesis was discuss about the theoretical dimention of law and its relevance in Indonesia. At least there are two monumental cases in the world which were become the landmark case of environmental disputes resolution based of by the doctrin of ecocracy. In the dissenting opinion of the judge William O. Douglas in Sierra Club vs Morton’s case, United Stated of America (1972) and in the appeal decision of the Wheeler vs the Government of the provincial of Roja’s case, Ecuador (2011). Those cases had opened a new perspective in the legal proceeding that the environment had be approved as a legal person. In other words, the environment had recognized as a legal subject. Then, by using the conseptual approach and comparative of law approach, this thesis had elaborated the relevance of this doctrin: “The Environment as a Legal Subject” in Indonesian context then verified it with the related legal theories. Besides it all, in this thesis also discuss the relation between of the environmental legal protection and the state of law concept in the ecocracy and constitualism perspective framework. Hopefully this thesis would be the steping stone to realize the constitutionalisation the environment rights and to realize the legal standing innovation in the environmental disputes resolution.

scholarly journals Peran Perceived Value Dalam Memediasi Pengaruh Green Marketing Terhadap Loyalitas

2020 ◽  
Vol 2 (1) ◽  
pp. 1-9
Author(s):  
IA Cynthia Saisaria Mandasari ◽  
Ade Ruly Sumartini
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Environmental Pollution ◽  
Path Analysis ◽  
Customer Loyalty ◽  
Green Marketing ◽  
Environmental Damage ◽  
Public Concern ◽  
Analysis Techniques ◽  
Business People

Every component of society began to worry about environmental pollution that could cause environmental damage. Concern about this is demonstrated by starting to use environmentally friendly products and pay attention to business activities carried out by companies around them. Seeing the current public concern for the environment makes business people start doing green marketing. One company that applies green marketing is Starbucks Coffee through Tumbler products. This research contributes ideas for SMEs in the field of beverage culinary to do green marketing to care for the environment and increase customer loyalty. Data collection using a questionnaire distributed directly to the object of research. The population in this study was Starbucks Coffee Tumbler users in Denpasar with a sample of 75 respondents. Data analysis techniques using path analysis (path analysis) and Sobel test.

scholarly journals PENGUATAN CLASS ACTIONS DAN LEGAL STANDING DALAM PEMIKIRAN PERBARUAN UUPPLH DENGAN PERSPEKTIF HUKUM PROGRESIF

2019 ◽  
Vol 2 (1) ◽  
pp. 26-39
Author(s):  
Nuria Siswi Enggarani
Keyword(s):  
Environmental Law ◽  
Class Action ◽  
Conceptual Approach ◽  
Environmental Advocacy ◽  
Environmental Organization ◽  
Environmental Disputes ◽  
Legal Standing ◽  
Legal Perspective ◽  
Formal Level ◽  
Community Autonomy

Increasing cases of pollution and environmental destruction are closely related to environmental law instruments as the pillars of law enforcement in the settlement of environmental disputes. Environmental law instruments are regulated by Law no. 32/2009 on Environmental Protection and Management. The type of this research is normative law research with statute approach and conceptual approach with research object that is Law no. 32 of 2009 on the Protection and Management of the Environment and various practices of class action and legal standing lawsuits. This study aims to examine the form of settlement of environmental disputes through litigation accommodated by the Environmental Law through class action (legal action) and legal standing (lawsuit of Environmental Organization). Even class action movements have been recognized in the juridical formal level, but are still constrained by the understanding of the shallow society in practical terms. Likewise, the legal standing is hampered by its own procedural petition which is considered to be limiting and reducing the space of the Environmental Organization to defend with compensation. This is the importance of the UUPPLH's renewal concept in order to better accommodate the power of community autonomy in environmental advocacy with a progressive legal perspective as a breakthrough. More concretely, the expected long-term goal of creating an upcoming environmental law reform is directed to a number of things, among others, the idea of ​​a certified judge in the field of environment, the formulation of KLH institutional strengthening and greater access placement for communities to strengthen community autonomy towards civil society

Exploration of the Governmental Responsibility in Environmental Pollution Liability Insurance

2014 ◽  
Vol 962-965 ◽  
pp. 2040-2045 ◽  
Author(s):  
Ping Wang ◽  
Li Na Xing ◽  
Feng Li
Keyword(s):  
Environmental Pollution ◽  
Modern Society ◽  
Developed Countries ◽  
Market Mechanism ◽  
Liability Insurance ◽  
Environmental Damage ◽  
Pilot Projects ◽  
Social Risks ◽  
Important Means ◽  
The Government

In our modern society, environmental pollution triggered by economic development has been increasingly brought to the forefront, and remedies for environmental torts have been more and more diversified with each passing day. Being called as a “green insurance”, the environmental pollution liability insurance is an important means of identifying the responsibility of compensation for environmental damage through a socialized way. With its unique advantages in preventing environmental pollution and timely compensation compared with other solutions, environmental pollution liability insurance has been widely adopted in western developed countries. As newborn in China, it is now pilot projects in several provinces. Featured with commercial and policy-based insurances, environmental pollution liability insurance has provided governments a powerful tool to manage social risks by the market mechanism. However, its distinctiveness asks the government to define the responsibilities of the insurance, thus its smooth development and due role can be ensured.

scholarly journals The Nature of Government Legal Responsibility towards Environmental Pollution

2018 ◽  
Author(s):  
Hardianto Djanggih
Keyword(s):  
Environmental Pollution ◽  
Environmental Assessment ◽  
Interdisciplinary Research ◽  
Research Method ◽  
Strategic Environmental Assessment ◽  
Legal Responsibility ◽  
Environmental Damage ◽  
Government Responsibility ◽  
The Government ◽  
Damage Criteria

Publishing: Imperial Journal of Interdisciplinary Research, Volume 3, Issue 2, 2017The purpose of the research was to know and discover, of theGoverment's legal responsibility towards pollution of the environment.This research is using normative juridical research method. The resultsof this research that, the nature of the responsibilites of the Govermentagaints the pollution of the environment is very big because they haveto pay attention to some aspects such as strategic environment studiand illustrate that the government responsibility against environmentalpollution is enormous because it must pay attention to several aspectssuch as strategic environmental assessment, environmental qualitystandard, environmental damage criteria and environmental impactanalysis. It recommended that the government should be careful toassign permision againts the activities or plants relating to theenvironment

Design Policy Driven Development of Chinese Industry

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Fei HU ◽  
Kun ZHOU ◽  
Hongshi ZHOU
Keyword(s):  
Industrial Design ◽  
Modern Society ◽  
Yangtze River Delta ◽  
Regional Government ◽  
Delta Area ◽  
Chinese Industry ◽  
Design Competition ◽  
The Government ◽  
Macroeconomic Regulation And Control ◽  
And Control

Governments all over the world are paying great attention to economic innovation and the development of design in modern society. They are spending more and more recourses on making rules for Industrial Design Policy and measuring its implementation. As a method to make macroeconomic regulation and control by the government, the effectiveness and importance of design policy has already been widely admitted. In a macro-background of the three turns of Chinese design policy, taking the design policy of Guangdong province as an example, this article will analyze how local/regional government should respond to the national design policy. Based on the investigation and analysis of the winners of the "Guangdong Governor Cup Industrial Design Competition", this paper discusses how industrial design competition as a part of the design policy to support the development of industrial design. After making a comparison with the design policy of the Yangtze River Delta area, this article tries to enhance and perfect the current policy path.

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.

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