scholarly journals PEMBANGUNAN BERKELANJUTAN MENJADI DASAR TERINTEGRASI DALAM PEMBANGUNAN SUATU WILAYAH BERDASARKAN UNDANG-UNDANG NO. 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

LEGALITAS ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 65
Author(s):  
Farahwati Farahwati

The environment on earth as regulated in Law No. 32 of 2009concerning Environmental Protection and Management, thatenvironmental management consists of the natural environment inaccordance with the understanding of ecosystem life and socialenvironment that is illustrated by the existence of human groups both insociety and in families and refers to the understanding of humanity(humanism), so that includes understanding about between nations,interregion and the built environment (originally thought to be man-made;man-made environment).Development needs to pay attention to environmental conditionsthat exist from the physical side (soil, water, air), biotics (flora, fauna),and culture (culture, interactions between people). Environmental qualityconditions will tend to continue to decline if not balanced with the conceptof sustainable development planning in an effort to preserve the existingenvironmental functions.The implementation of environmentally sound development and thecontrolled use of natural resources wisely is the main objective ofenvironmental management. Sustainable development is very closelyrelated to environmental management programs and policies.The nature of environmental law enforcement in sustainabledevelopment covers all environmental law systems with the aim ofprotecting and properly managing the environment and is an activity toimplement and apply just environmental laws and take legal actionagainst any violations or deviations of law committed by legal subjectseither through judicial procedures or through non-judicial procedures.Legal norms are the most dominant rules that are enforced with powerand for their violations subject to certain sanctions that have beenestablished by the State.

2018 ◽  
Vol 25 (2) ◽  
pp. 147
Author(s):  
David Aprizon Putra

Political Law is one of the discourses that control the existence of law.One of the realm of law that has recently received the spotlight and serious attention. Particularly related to the legal political option is the environment law that increasingly strong day include criminal law enforcement in law enforcement. There are some weak things that then have negative implications, against the enforcement of environmental laws related to the lack of cautious political choice. Since 1982 in Law No. 4 of 1982 on the Principles of Environmental Management which was changed in 1997 into Law No. 27 of 1997 on Environmental Management, the legal politics of criminal law policy has been conducted, that the criminal law policy in the realm of the environment is already a choice of legal politics in the realm of environmental law. Law Number 32 Year 2009 About PPLH as the latest generation, adds Chapter XV of the Criminal Code in its charge of 23 Articles. Law Number 32 Year 2009 contains a much more complete criminal provision than Law Number 23 Year 1997. Although there is still much to be fixed on the provisions of Law Number 32 Year 2009. Base on research shows that there are special procedural laws that regulate formal law enforcement. It is based on the principle of ultimum remedium which means that the implementation of the criminal law must wait until the effectiveness of administrative law is upheld. To minimize obstacles in enforcing environmental laws which are sometimes used by political elites to seek profit, formal laws against environmental crimes should be set up specifically with the Act.


Earth science and geography are experiencing a new Renaissance, called environmentalism. It is due to the growing importance of threats for the global community because of the negative reaction of the natural environment to the growing workload. The purpose of this article is to show innovation and investment opportunities that must significantly change the attitude to geography and Earth sciences in general and identify opportunities for the formation and development of environmental geography by radically modernizing the approach, especially research methods, mainly through the latest geographical education, making it an urgent social need. The article summarizes the experience and results of the author and his colleagues’ work over two decades of research. Main material. Presentation of the basic content of the article is organized into 3 rubrics. The trends of conceptual changes are considered as an extension of traditional ecology to environmentology. There is a transformation of the subject - object dualism of classical ecology to the realization of complex interaction. It is generally the subject of environmentology. Only in this case, the consumer attitude to the natural environment transforms into the knowledge of natural systems as a stakeholder of mankind. This trend is due to the awareness of the importance of complex natural systems, arbitrarily called the natural environment, in relations with humanity. The relations have to become partnership ones, not aggressive ones. The science that deals closest with this problem is environmental geography. The importance of the territory as an integral resource of the society is stressed in the trends of sustainable development. It is considered not only as a necessary, though non-economic condition of existence, but as an economic object, that is natural capital. The latter requires a different attitude to itself than just the environment: inventory procedures (like other means of production), objective assessment, amortization, ever-increasing investment and economic transformation into the actual trend. Intangible natural resources -the prospect of environmental geography. In this case, natural environment of the external conditions of human existence will become an essential and indispensable part of the global and national wealth of countries. Natural-resource rents should become a way of filling the gross domestic product at different levels of the society’s structuring (environmental economy). Along with material and energy resources, the value of intangible natural resources and relevant environmental management is significantly increasing, which environmental geography also should deal with. Conclusions and prospects. 1. In fact, at present humanity is possessed by geographical problems of the environment. Determining the general trend of the world community development, they are at the core of sustainable development. At the same time, these problems are still being solved without the involvement of geographical science and geographical technologies. 2. In the context of the information era, when the problems of negative environmental changes become public and are regarded as the first threat to human existence, geography should become environmental geography. For this purpose, it must change people’s attitude to the natural environment, considering it to be an equitable subject of relations with humanity. 3. The approaches to the environment as natural capital, which provides significant economic surplus value and social value, are considered effective. Unfortunately, these qualities of nature have not received a value expression yet. They remain public resources, while they should be assets of the environmental economy. 4. The formation of these development trends is able to make environmental geography join the list of avant-garde sciences, providing the prospect of sustainable development of mankind.


2014 ◽  
Vol 3 (3) ◽  
pp. 237
Author(s):  
Eka Merdekawati Djafar

Enforcement of environmental laws is expected to be carried out in synergy by law officers who are scattered in various law enforcement agencies in general and particularly in relation to environmental management. Understanding of the substance of environmental law should not be done partially adherence to environmental laws, both by the public and law enforcement officers itself so to create a legal substance is completely and thoroughly that understanding can be removed to the sectoral legislation. Likewise strongly support the creation of culture law enforcement of environmental law implementation synergies among law enforcement officers. It is intended that the law enforcement agencies have the same perception of the implementation of environmental law enforcement. Keyword : “ Law enforcement” and “ Environmental Law”


2021 ◽  
Vol 13 (11) ◽  
pp. 5882
Author(s):  
Rita Yi Man Li ◽  
Yi Lut Li ◽  
M. James C. Crabbe ◽  
Otilia Manta ◽  
Muhammad Shoaib

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.


Author(s):  
T Murombo

One of the key strategies for achieving sustainable development is the use of the process of evaluating the potential environmental impacts of development activities. The procedure of environmental impact assessment (EIA) implements the principle of integration which lies at the core of the concept of sustainable development by providing a process through which potential social, economic and environmental impacts of activities are scrutinised and planned for. Sustainable development may not be achieved without sustained and legally mandated efforts to ensure that development planning is participatory. The processes of public participation play a crucial role in ensuring the integration of the socio-economic impacts of a project into the environmental decision-making processes. Public participation is not the only process, nor does the process always ensure the achievement of sustainable development. Nevertheless, decisions that engage the public have the propensity to lead to sustainable development. The public participation provisions in South Africa’s EIA regulations promulgated under the National Environmental Management Act 107 of 1998 show a disjuncture between the idea of public participation and the notion of sustainable development. The provisions do not create a framework for informed participation and leave a wide discretion to environmental assessment practitioners (EAPs) regarding the form which participation should assume. In order for environmental law, specifically EIA laws, to be effective as tools to promote sustainable development the laws must, among other things, provide for effective public participation. The judiciary must also aid in the process by giving content to the legal provisions on public participation in the EIA process.


2021 ◽  
Vol 1 (3) ◽  
pp. 86-93
Author(s):  
Andriansyah Andriansyah ◽  
Endang Sulastri ◽  
Evi Satispi

Humans in meeting the needs of their lives need natural resources, in the form of land, water and air, and other natural resources that are included in renewable and non-renewable natural resources. However, it must be realized that the natural resources that humans need have limitations in many ways, namely limitations regarding their availability in quantity and quality. Certain natural resources also have limitations according to space and time. The government needs to take alternative steps to determine the potential and problems in the use of natural resources. The purpose of this study is to find out how the role of the government through its policies in managing the environment. This research uses the descriptive analysis method. The results of the study indicate that the creation of a fair and firm environmental law enforcement to manage natural resources and the environment in a sustainable manner with the support of quality human resources, the expansion of the application of environmental ethics, and socio-cultural assimilation are increasingly stable.


1995 ◽  
Vol 35 (1) ◽  
pp. 813
Author(s):  
D.A. Cole

Increasing petroleum activity in Australia's off­shore areas is heightening industry, government and community awareness of the potential impact of these operations on marine ecosystems and coastal environments.The Offshore Constitutional Settlement of the late 1970s has resolved the issue of allocation of governmental rights and powers over the resources of the sea and the seabed. However, the application of environmental laws to those areas remains largely untested. A complex web of legislation—State, Ter­ritory and Commonwealth—may apply to proposed and on-going petroleum activities.The Commonwealth Government has substantial power to intervene to protect environmentally sen­sitive areas whether they are within areas of the sea over which that government or the states or the Northern Territory have primary jurisdiction. De­spite the recent Intergovernmental Agreement on the Environment, substantial ultimate power re­sides with the Commonwealth to protect the envi­ronment, particularly through the use of the exter­nal affairs power. The politically fluid nature of environmental management in offshore areas adds an important dimension to the commercial risk assessment process for the petroleum industry.


2020 ◽  
Vol 17 ◽  
pp. 00219
Author(s):  
Tatiana Polushkina ◽  
Yulia Akimova ◽  
Elena Kovalenko ◽  
Olga Yakimova

World experience indicates that the problems of ensuring sustainable development of agriculture have become an urgent need, therefore, the concepts of traditional technology for cultivating crops should be substantially revised not only from the standpoint of environmental management, but also to improve the economic situation in the industry. Greening of agriculture contributes to natural restoration of soil fertility, maintaining the balance of nature, on which agricultural economy largely depends. A growing quantity of farms in the USA, China, Russia, India, Japan and the EU countries conduct their farming in harmony with nature. The ultimate goals of their activities are ecologically balanced farming, animal husbandry and this agriculture industry technology acts as an alternative to traditional (industrial) farming. Development of organic agriculture involves the search and implementation of new technologies from a science-based position and due to the laws of optimal environmental management. In the article, the authors substantiate the need to enhance introduction of organic farming methods in order to ensure sustainable development and sustainable use of natural resources. Based on the study of foreign agriculture experience, the authors developed a number of key measures for the development of organic agriculture in Russian conditions.


2008 ◽  
Vol 11 (1) ◽  
pp. 115-124 ◽  
Author(s):  
Ana M. Martín ◽  
María Esther Salazar-Laplace ◽  
Cristina Ruiz

Three-hundred and twenty written accounts of environmental transgressors were assessed by sequential analysis to reveal their argument streams. The accounts were obtained from the written statements that transgressors are allowed to give during the Spanish administrative process and which were included in files handled by four environmental law enforcement agencies. These agencies are distributed across national, regional, island and municipality jurisdictions. The setting for the study is a highly protected environment in which environmental laws have high salience. Results reveal that transgressors use simple argument streams, consistently more defensive than conciliatory, and questioning the perceived legitimacy of environmental law. It was seen also that the empirical functioning of the explanations related to pursuing emotional/prosocial objectives differs from what was expected from the traditional conceptual definition. Results are discussed in terms of how the assessment of the internal dynamic of the accounts would provide valuable information on transgressors' reasoning in relation to environmental laws.


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