scholarly journals International environmental law and its legal implication

2021 ◽  
Vol 5 (1) ◽  
pp. 1-13
Author(s):  
Antonio Vázquez Pérez ◽  
Dolores Rosalía Cedeño Meza ◽  
Ángel Fabián Erazo Chávez ◽  
Mayra Alejandra Moreira Macías ◽  
Lenin Rodrigo Guerrero Cedeño
Keyword(s):  
Latin American ◽  
Research Method ◽  
Environmental Law ◽  
International Environmental Law ◽  
Legal Norms ◽  
Legal Method ◽  
Internal Level ◽  
Latin American Countries ◽  
Desk Research ◽  
Legal Implication

The objective of the work is to offer a reflection of the place that international environmental law occupies as and its influence so that, at the internal level of the countries, binding norms are adopted, in the interest of environmental protection. The relevance of environmental law consists of the need to achieve regulatory solutions, to the pressure to which environmental systems are subjected. It is necessary to regulate the behaviors that imply consequences on the environment, to be managed through the law as legal norms that ensure respect for nature and achieve sustainable development. The analysis is carried out in a temporary context of 30 years, since the branch of law emerged on an international scale, with the constitutional movement in some Latin American countries and especially in Ecuador. For this, the comparative legal method was applied and the Desk Research method of investigation was used for the bibliographic review. The influence of international norms for the current development of Ecuadorian environmental law is exposed.

scholarly journals PENGATURAN TINDAK PIDANA DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (Tinjauan Fiqh Al- Bi’ah)

2017 ◽  
Vol 6 (2) ◽  
pp. 173
Author(s):  
Muhammad Ridwansyah
Keyword(s):  
Environmental Protection ◽  
Research Method ◽  
Environmental Governance ◽  
Environmental Law ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Legal Norms ◽  
Criminal Sanctions ◽  
The Law ◽  
The Government

The setting of environmental law in Indonesia has started to improve since the Law Number 32 of 2009 on Environmental Protection and Management contains criminal act for every person who violates the provisions. It is stated in Article 98, 99, 100. This research method is a library or literature research which is conducted to gather secondary data in the field of environmental law and fiqh al-bi’ah. This research is normative law research while the nature of this research is descriptive analysis. It aimed to give a systematic illustration on legal norms that was found in law number 32 of 2009 and environmental fiqh accurately and the criminal sanctions review used in both arrangements. In this study there were two questions first, how is the arrangement of criminal act in Law No. 32 of 2009 on Environmental Protection Management. The second is whether the concept of fiqh al bi’ah is in line with Law No. 32 of 2009 on Environmental Protection Management. The result from this study is that the criminal act contained in the Law No. 32 of 2009 on Environmental Protection Management has not been enough to trap the environmental destroyer so that the government is expected to revise the unsuitable articles. Furthermore, the result of this research shows the similarity concept between fiqh al bi’ah and environmental governance in Indonesia. The concept offered by fiqh al bi’ah is a part of maqashidul syari’ah where Islam strongly recommended to maintain the environment. Keywords: environment, Fiqh Al-Bi’ah, Maqashidul Syari’ah

Transboundary Impacts

2008 ◽  
Author(s):  
Günther Handl
Keyword(s):  
Environmental Impact ◽  
Natural Resources ◽  
International Law ◽  
Environmental Law ◽  
International Environmental Law ◽  
Global Commons ◽  
Legal Norms ◽  
Global Nature ◽  
Physical Effects ◽  
International Responsibility

Although transboundary impact might be understood to include effects ranging from political and economic to ideological or intangible ones, in international environmental legal discourse the notion is generally understood to involve transboundary physical effects. Transboundary impacts in this former, wider sense may be subject to special treaty regimes, which, however, bear only indirectly on international environmental law. This article examines legal norms applicable to transboundary impacts on other individual states or group of states, their territory, natural resources, and people to the exclusion of transboundary effects of a global nature or affecting the global commons only. Much of international law governing transboundary impacts has an essentially bilateralist grounding. By contrast, norms applicable to the global commons more typically reflect the notion of an international communitarian interest in environmental protection. This article also considers transboundary environmental impacts in international law, international responsibility and liability for transboundary impacts, and the institutionalisation of transboundary environmental impact management.

scholarly journals Transnationalism, Unilateralism and International Law

2011 ◽  
Vol 1 (1) ◽  
pp. 31-41 ◽  
Author(s):  
Gregory Shaffer ◽  
Daniel Bodansky
Keyword(s):  
International Law ◽  
Environmental Law ◽  
The Self ◽  
Legal Process ◽  
International Environmental Law ◽  
Legal Norms ◽  
Trade Offs ◽  
The Impact ◽  
Do So

AbstractWhen we speak of transnational environmental law and legal process, we are concerned with the migration and impact of legal norms, rules and models across borders. Such migration can occur through the mediation of international law and institutions, or through the impact of unilateral legal developments in one jurisdiction that affect behaviour in others. The paper discusses the importance of assessing transnational environmental law in light of the constraints facing consent-based international environmental law, examines the trade-offs between transnational and international environmental law from the perspective of legitimacy, and concludes by discussing the important but delicate relation of international law to transnational environmental law as both a check and a consolidator. International law should guard against the self-serving unilateral use of transnational environmental law, but it should do so in a way that preserves (and does not shut off) the dynamic, responsive character of the transnational environmental law process. Otherwise international law itself will be delegitimized.

scholarly journals HUKUM LINGKUNGAN EFFEKTIVITAS SANKSI PIDANA DALAM PENEGAKAN HUKUM LINGKUNGAN

2020 ◽  
Vol 1 (2) ◽  
pp. 139-148
Author(s):  
Sahat Maruli Tua Situmeang
Keyword(s):  
Research Method ◽  
Environmental Law ◽  
Administrative Law ◽  
Environmental Crime ◽  
Environmental Laws ◽  
Legal Norms ◽  
Criminal Sanctions ◽  
Administrative Sanctions ◽  
Careful Assessment ◽  
Environmental Crimes

ABSTRACT   Application sanctions for the perpetrators of environmental crime whether committed by individuals and carried out by the corporation can be executed by means of administrative law, civil law or through criminal law. Of some sanctions in its application should be through a thorough and careful assessment in accordance with the characteristics, objectives and benefits of the application of sanctions. In this study, the authors conducted a study on the application of sanctions for perpetrators of environmental crimes, either in the form of administrative sanctions, and sanctions in the form of a court decision which is done through a civil action or criminal sanctions proposed by puitusan court investigator, so they will know particularly the effectiveness of any sanctions to be imposed criminal sanctions against the perpetrators of environmental crimes. The research method used in this research using normative juridical research method, by studying legal norms that exist that can be used as a guide for the implementation of laws that already exist. Through this study, the researcher has an opinion that the sanctions that are considered most effective to be applied to the perpetrators of environmental crime and the enforcement of environmental laws, namely by means of administrative law with the form of sanctions to freeze and / or revoke the business license of each corporation who have committed crimes environment.   Keywords: Environmental Crimes, Penalties Law, Environmental Law Enforcement   ABSTRAK   Penegakan hukum bagi para pelaku kejahatan lingkungan hidup telah diatur dalam bentuk sanksi sebagaimana yang telah dimuat dalam Undang-undang Nomor 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan Hidup.  Penerapakan sanksi bagi para pelaku kejahatan lingkungan hidup  baik yang dilakukan oleh perorangan maupun yang diakukan oleh korporasi dapat dijalankan melalui sarana hukum adminstrasi, hukum perdata maupun melalui hukum pidana. Dari beberapa sanksi yang telah diatur dalam Undang-undang Nomor 32 Tahun 2009 tersebut dalam penerapannya haruslah melalui suatu kajian secara seksama dan cermat sesuai dengan karakteristik, tujuan dan manfaat dari penerapan sanksi tersebut. Penelitian ini bertujuan untuk mengetahui efektifitas dari suatu sanksi, terlebih sanksi pidana yang akan dijatuhkan terhadap para pelaku kejahatan lingkungan hidup melalui metode penelitian yuridis normatif,  yaitu dengan mempelajari norma-norma hukum yang ada yang dapat digunakan sebagai suatu  panduan untuk terlaksananya undang-undang yang telah ada. Melalui penelitian ini, peneliti  memiliki suatu pendapat bahwa penerapan sanksi yang dianggap paling effektif  untuk diterapkan bagi para pelaku kejahatan lingkungan hidup dan dalam rangka penegakan hukum lingkungan yaitu melalui sarana hukum administrasi dengan bentuk sanksi membekukan dan/atau mencabut ijin usaha setiap korporasi yang melakukan kejahatan lingkungan. Kata kunci : Kejahatan Lingkungan Hidup, Sanksi Hukum, Penegakan Hukum Lingkungan

scholarly journals THE ASPECTS OF ENVIRONMENTAL LAW ENFORCEMENT IN INDONESIA AND THE IMPLEMENTATION OF INTERNATIONAL AGREEMENTS IN THE ENVIRONMENTAL FIELD IN INDONESIA

1970 ◽  
Vol 21 (2) ◽  
pp. 209-218
Author(s):  
Yonani Hasyim ◽  
Serlika Aprita
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Environmental Protection ◽  
Research Method ◽  
Environmental Law ◽  
Civil Law ◽  
Legal Aspects ◽  
Legal Norms ◽  
Legal Provisions ◽  
Civil Procedures

Law enforcement is the process of enforcing or trying to implement legal norms as guides for traffic or legal relations in social and state life. In the environmental law enforcement system in Indonesia, there are three legal aspects described in the Environmental Protection and Management Act (UUPPLH), namely administrative law, civil law, and criminal law aspects. Where each aspect's law enforcement and law enforcement processes are distinct. The research method used was normative legal research. One component of environmental law enforcement is the use of civil law in environmental management. In the Environmental Protection and Management Act (UUPPLH) the process of enforcing environmental law through civil procedures is regulated in Chapter XIII Articles 84 to 93. In order to provide legal clarity in law enforcement, efforts are being made to solve environmental problems that emerge in Indonesia. Environmental law enforcement is an endeavor to ensure that regulations and requirements in general and specific legal provisions are followed and implemented through administrative, civil, and criminal supervision and enforcement. With the adoption of the first environmental rules, namely Law Number 4 of 1982 Concerning Basic Provisions for Environmental Management (UUKPPLH), government policy frameworks in implementing environmental law were actualized. Then, it was later replaced by Law Number 23 of 1997 concerning Environmental Management (UUPLH), which was subsequently replaced by Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) (Tude Trisnajaya, 2013: 2). The research method used in this study was normative juridical research, which means it was done with an eye on the laws, rules, and court decisions that were relevant to the topic. Keywords: Law Enforcement, Environment, Legal Norms, Dispute Resolution.

scholarly journals Analisis Hukum Peran Kejaksaan dalam Penuntutan Tindak Pidana Korupsi (Studi Kasus di Kejaksaan Negeri Tebing Tinggi).

2020 ◽  
Vol 2 (2) ◽  
pp. 156-169
Author(s):  
Edi Syahjuri Tarigan ◽  
Marlina Marlina ◽  
Taufik Siregar
Keyword(s):  
Research Method ◽  
External Factors ◽  
Legal Norms ◽  
Legal Method ◽  
Legal Position ◽  
The Law ◽  
Internal And External Factors

This article discusses several issues, namely: how the legal position of the prosecutor's office in prosecuting criminal acts of corruption; how is the implementation of the position and role of the prosecutor in prosecuting criminal acts of corruption; and how to overcome obstacles in carrying out prosecutions of corruption. The research method used is the normative legal method, which analyzes and seeks answers to issues raised based on the substance of the law / legal norms contained in legislation, the Attorney General's Regulation, the Attorney General's Circular, and others. The results showed that the role of prosecutors in controlling criminal and non-criminal acts of corruption has not been maximized because there are obstacles in the implementation of their duties and authorities from both internal and external factors. In carrying out this task, the Attorney General's Office always strives to improve the quality of the management of tasks assigned to it, one of which is in handling corruption cases. Corruption practices that tend to increase are a serious matter for efforts to deal with law in Indonesia, especially the Attorney General's Office. 

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