scholarly journals PREVENTIVE REGULATIONS TO REMOVE ENVIRONMENTAL DAMAGE TO MANGROVE ECOSYSTEM IN EAST KALIMANTAN, INDONESIA

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Siti Kotijah ◽  
Ine Ventyrina
Keyword(s):  
Spatial Planning ◽  
Legal Protection ◽  
Quality Criteria ◽  
Mangrove Ecosystem ◽  
Legal Aspects ◽  
Environmental Damage ◽  
Small Islands ◽  
East Kalimantan ◽  
Management Quality ◽  
Legal Frameworks

Mangrove was an important resource in maintaining coastal ecosystem sustainability, as part of the of coastal and river basin integral management. Quality criteria was put in magrove ecosystem deterioration as a protection form, it was legal protection in environmental legal aspects. This research conducted by legal approach. Article 21 paragraph (3) Law Number 32 of 2009 concerning Environmental Protection and Management in accordance with Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands. Furthermore, preventive efforts in East kalimantan based on legal frameworks, of Balikpapan City Regional Regulation Number 12 of 2012 concerning Regional Spatial Planning.

PREVENTIVE REGULATIONS TO REMOVE ENVIRONMENTAL DAMAGE TO MANGROVE ECOSYSTEM AT EAST KALIMANTAN, INDONESIA

2019 ◽  
Vol 1 (1) ◽  
pp. 9-20 ◽  
Author(s):  
Siti Kotijah ◽  
Ine Ventyrina
Keyword(s):  
Mangrove Ecosystem ◽  
Social Value ◽  
Environmental Damage ◽  
Ecosystem Ecology ◽  
Small Islands ◽  
Mangrove Restoration ◽  
East Kalimantan ◽  
Legal Frameworks

Indonesia is an archipelago state composed with thousands of large and small islands. Mangrove restoration got widespread attention given the high economic and social value of ecosystem ecology. Restoration may raise the value of mangrove biodiversity resources, give the livelihoods of the population, prevent damage to the beach, keepbiodiversity, fisheries, and others. This paper proposes legal frameworks to support to counteract damage to mangrove ecosystem at East Kalimantan based on Indonesian regulations.

REGULATION URGENCY CONCERNING ADMINISTRATIVE SANCTION GUIDELINES IN SPACE ADMINISTRATION

2019 ◽  
Vol 6 (3) ◽  
Author(s):  
Rakhmat Bowo Suharto
Keyword(s):  
Sustainable Development ◽  
Welfare State ◽  
Spatial Planning ◽  
Legal Protection ◽  
Spatial Development ◽  
Administrative Sanction ◽  
The Government ◽  
The Welfare State

The spatial development can be supported by sustainable development, efforts are needed to divert space through the imposition of sanctions on administration in the spatial field. In the context of a legal state, sanctions must be taken while ensuring their legality in order to provide legal protection for citizens. The problem is, the construction of administrative regulations in Law No. 26 of 2007 and PP No. 15 of 2010 contains several weaknesses so that it is not enough to provide clear arrangements for administrative officials who impose sanctions. For this reason, an administration is required which requires administrative officials to request administrative approval in the spatial planning sector. The success of the regulation requires that it is the foundation of the welfare state principle which demands the government to activate people's welfare. 15 of 2010, the main things that need to be regulated therein should include (1) the mechanism of imposing sanctions: (2) determination of the type and burden of sanctions; and (3) legal protection and supervision by the region.

Conscientious Objection (European and American approaches)

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144
Keyword(s):  
Deep Understanding ◽  
Legal Protection ◽  
Legal Aspects ◽  
Conscientious Objection ◽  
State Regulation ◽  
Legal Responsibility ◽  
State Regulations ◽  
Conscientious Objectors ◽  
The Law ◽  
The Individual

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?

Legal aspects of the brand protection in Ukraine and world

2020 ◽  
pp. 133-143
Author(s):  
Ivanna Babetska
Keyword(s):  
Public Relations ◽  
Practical Importance ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Article ◽  
Protection Mechanism ◽  
Brand Protection ◽  
Wide Range ◽  
International Regulations

Purpose. The purpose of the scientific article is to establish the ratio of the meanings of the concepts "trademark", "brand" and "well-known" trademark and then to characterize their common and distinctive features. Indicate the gaps in current legislation and the need to refine certain rules in this aspect to determine the aspects of protection and protection of the brand. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the conducted study, the main and optional components of the brand are determined, which make it possible to determine the features of its legal protection. It has been proved that despite a fairly wide range of domestic and international regulations, there are certain shortcomings of the brand protection mechanism. Originality. The study found that a trademark differs from a brand in that a trademark is a designation that is only the basis of the brand, as for the trademark are not essential such properties of the designation as a certain level of information among consumers and quality as a basis. gaining a reputation; the concept of "brand" is an evaluative, conditional concept, and therefore its consolidation at the regulatory level is impractical. It is sufficient to establish the factors on the basis of which the trademark can be considered "well known". A "well-known" trademark is a designation that is familiar to a wide range of consumers through its use to designate certain goods. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.

scholarly journals Guidelines for skeletal surveys in suspected child abuse

2014 ◽  
Vol 1 (1) ◽  
pp. 7
Author(s):  
Bo Redder Mussmann ◽  
Mette Ramsdal Paulsen
Keyword(s):  
Child Abuse ◽  
Best Practice ◽  
Evaluation Criteria ◽  
Quality Criteria ◽  
Legal Aspects ◽  
Second Opinion ◽  
Radiologic Evaluation ◽  
The Family

Introduction Child abuse imaging differs from general musculoskeletal imaging in that there is exceptional necessity for high quality images. The images are directly involved in legal processes and the child and the family faces major consequences if imaging is sub-optimal. The consequences of misdiagnosis are serious. Should head trauma or fractures be overlooked, or if the radiological diagnosis is uncertain, abused children may be sent home with violent parents or caregivers. Conversely, where no abuse has taken place, but the certainty of the diagnosis is questionable, the unnecessary hospitalization of an innocent family may result. In Southern Denmark approximately 15-20 children per year are examined. The examinations are performed in four different radiology departments throughout the region. Until the autumn of 2012, a variety of imaging protocols and techniques were used in pediatric skeletal surveys. This led to difficulties, because some cases are subject to second opinion report. In many cases, supplemental images or a complete reexamination of the child was required in order to facilitate a second opinion, resulting in unnecessary exposure. Methods An initial consensus meeting with 20 participants was arranged in 2012. Pediatric radiologists, managers and radiographers with special competencies in pediatric radiology attended. Research evidence, cases and clinical experience was discussed. A follow-up meeting was arranged in 2013 with similar participants. This second meeting focused mainly on follow-up skeletal surveys in children <2 years of age Results The first meeting resulted in the agreement on which projections to acquire, image quality criteria, how to cooperate with the parents, radiologic evaluation criteria and the role of the radiographer in imaging the abused child. The second meeting resulted in consensus on the necessary projections required for follow-up skeletal surveys. Conclusion Common protocols for child abuse imaging have been established and fully implemented in the Region of Southern Denmark. Annual meetings have also been established where legal aspects, best practice and best evidence in imaging and cooperation with pediatric departments is discussed.

scholarly journals EIA in developing countries: How does environmental impact assessment (EIA)/(AMDAL) support neoliberal mining? (a case study in Indonesia)

2021 ◽  
Vol 905 (1) ◽  
pp. 012043
Author(s):  
T Kumayza
Keyword(s):  
Developing Countries ◽  
Economic Development ◽  
Agricultural Land ◽  
Legal Protection ◽  
East Kalimantan ◽  
Land Owners ◽  
Development Tool ◽  
Government Supervision ◽  
Micro Level

Abstract Amdal regulation on mining exploitation according to Law No. 32 of 2009 aims to protect and manage the environment properly. This research reveals the paradox of EIA at the micro level (a case study) supporting the neoliberal agenda and facilitating economic development. This study aimed to explore how the practice of compensation for agricultural land at the scoping stage in the preparation of mining Amdal documents. The research was conducted in Mulawarman village, Kutai Kartanagara district, East Kalimantan province in the period 2004-2013. Historically, in the 2004-2013 period, Kutai Kartanegara Regency was the most massive in issuing mining business permits in Indonesia. The results of the study indicate that there was weak legal protection for agricultural land owners and unequal negotiation practices between companies and land owners without government supervision. The practice of compensation is a development tool rather than an environmental protection tool..

scholarly journals Fauna diversity, production potential and total economic value of mangrove ecosystems in Mentawir Village, East Kalimantan, Indonesia

2020 ◽  
Vol 21 (5) ◽  
Author(s):  
Rochadi Kristiningrum ◽  
Abubakar M. Lahjie ◽  
MASJAYA ◽  
SYAHRIR YUSUF ◽  
YOSEP RUSLIM ◽  
...  
Keyword(s):  
Economic Value ◽  
Mangrove Ecosystem ◽  
Use Value ◽  
Production Potential ◽  
Annual Increment ◽  
Existence Value ◽  
East Kalimantan ◽  
Mangrove Ecosystems ◽  
Total Economic Value ◽  
Direct Use

Abstract. Kristiningrum R, Lahjie AM, Masjaya, Yusuf S, Ruslim Y, Ma’ruf A. 2020. Fauna diversity, production potential and total economic value of mangrove ecosystems in Mentawir Village, East Kalimantan, Indonesia. Biodiversitas 21: 1940-1953. Mangroves play important role in life. The benefits of the mangrove ecosystem consist of ecological and socio-economic values. However, it is a challenge to discern how the mangrove ecosystem provides a comprehensive economic value. This research is aimed to analyze the Total Economic Value (TEV) of mangrove ecosystems in Mentawir Village, North Penajam Paser District, East Kalimantan Province. This aim will be achieved by conducting fauna inventory, analysis of mangrove wood production potential, social-economic interviews, and infrastructure cost analysis as the inputs to calculate four elements (i.e. Direct Use Value, Indirect Use Value, Option Value, and Existence Value) to sum up the TEV. The research used a mixed-method combining both qualitative and quantitative methods. Fauna inventory was conducted using boat survey method and interviews with local fishermen. Data on mangrove wood production was obtained using the systematic random sampling method by establishing two plots with an area of one hectare for each plot to calculate mean annual increment (MAI) and current annual increment (CAI). The economic value of the mangrove ecosystem was calculated using market price values, replacement costs, and the Contingent Valuation Method (CVM). The results of fauna inventory consisted of 3 species of mammals, 1 species of reptile, 16 species of birds, 25 types of fish, 8 species of crustaceans, and 7 species of mollusks. The economic valuation resulted in the contribution of direct use value with 39.56% in the form of wood (94,875,000,000 IDR) and fishery products (103,500,000,000 IDR); indirect use value with 53.47% in the form of breakwater (38,028,881,407 IDR), abrasion resistance (218,549,528,110 IDR), and carbon sequestration (11,580,313,067); option value with 6.92% in the form of biodiversity (34,690,085,038 IDR); and existence value with 0.05% (241,500,000 IDR). All these resulted in the total economic value (TEV) of the mangrove ecosystem in Mentawir Village of 501,465,307,621 IDR. Therefore, this value can be the basis for policymakers in managing natural resources so that the ecosystem is more protected and sustainable, and can continue to provide environmental services for the welfare of the community.

scholarly journals DETECTING THE AREA DAMAGE DUE TO COAL MINING ACTIVITIES USING LANDSAT MULTITEMPORAL (Case Study: Kutai Kartanegara, East Kalimantan)

2018 ◽  
Vol 14 (2) ◽  
pp. 151
Author(s):  
NFn Suwarsono ◽  
Nanik Suryo Haryani ◽  
Indah Prasasti ◽  
Hana Listi Fitriana ◽  
M. Priyatna ◽  
...  
Keyword(s):  
Change Detection ◽  
Coal Mining ◽  
Coal Mine ◽  
Vegetation Index ◽  
Detection Method ◽  
Land Reclamation ◽  
Environmental Damage ◽  
Mining Activities ◽  
Landsat Data ◽  
East Kalimantan

Coal is one of the most mining commodities to date, especially to supply both national and international energy needs. Coal mining activities that are not well managed will have an impact on the occurrence of environmental damage. This research tried to utilize the multitemporal Landsat data to analyze the land damage caused by coal mining activities. The research took place at several coal mine sites in East Kalimantan Province. The method developed in this research is the method of change detection. The study tried to know the land damage caused by mining activities using NDVI (Normalized Difference Vegetation Index), NDSI (Normalized Difference Soil Index), NDWI (Normalized Difference Water Index) and GEMI (Global Environment Monitoring Index) parameter based change detection method. The results showed that coal mine area along with the damage that occurred in it can be detected from multitemporal Landsat data using NDSI value-based change detection method. The area damage due to coal mining activities  can be classified into high, moderate, and low classes based on the mean and standard deviation of NDSI changes (ΔNDSI). The results of this study are expected to be used to support government efforts and mining managers in post-mining land reclamation activities.

scholarly journals Protection of the Child’s Creative Output Including Its Legal Protection

2014 ◽  
Vol 12 (1) ◽  
Author(s):  
Anna Sokołowska
Keyword(s):  
Creative Process ◽  
Legal Protection ◽  
Legal Aspects ◽  
Rights Of The Child ◽  
Starting Point ◽  
The Subject ◽  
Education And Development ◽  
Areas Of Interest ◽  
Education Process

AbstractThis paper is an attempt to analyze the necessity of defining and extending the protection of the child’s creative process. The starting point for consideration is the key role of artistic instruction in the child’s education and development which justifies providing appropriate framework for that process. The present text defines artistic output as a personal good covered by legal protection and specifies relevant legal regulations underlying the subject. It also reveals the position of the child as a creator with his/her specific characteristics and possible dangers arising from those characteristics. Another issue discussed here is the creative process and its components. In a further part, legal aspects of the child’s situation in the context of creative activity are analyzed with references to the UN Convention on the Rights of the Child (1989), the (Polish) Family and Guardianship Code (1964), the UN Declaration on Rights of the Child (1959) and other legal acts. Finally, the paper addresses objectives of arts education in the light of the discussed issues. Conclusions include an indication of certain similarity between some areas of interest in pedagogy and in law. The main conclusion comes down to a statement that in the education process we should take into consideration so-called creative integrity which constitutes a personal good of both the adult and the child, and which is covered by legal protection.

scholarly journals NEUROMARKETING AND FREE WILL IN CIVIL LAW

2020 ◽  
Vol 24 (3) ◽  
pp. 658-672
Author(s):  
Pavel L. Likhter
Keyword(s):  
Free Will ◽  
Social Relations ◽  
Civil Law ◽  
Legal Protection ◽  
Legal Aspects ◽  
Individual Choice ◽  
Brain Functioning ◽  
Freedom Of Contract ◽  
Fundamental Possibility ◽  
New Perspective

The research is devoted to topical issues of law in the field of neuromarketing. The transition from commodity economy to economy of impressions is largely due to application of modern methods of monitoring brain functioning in order to increase efficiency of production and trading strategies. Due to the potential ability to influence the decision-making process of clients, neuromarketing attracts mixed opinions from lawyers and psychologists. The current legislation does not provide an appropriate level of regulation of neuroscience and their results in the market. At the same time, the precontractual impact on the consumer may contain signs of distorting the principles of freedom of contract, good faith, and reasonableness. The article proposes to consider the rational behavior of an individual - one of the main presumptions of civil law - from a new perspective, given the current results of neuropsychological research and ethical and legal aspects of social relations. The results of the work allow to speak about fundamental possibility of limiting the dynamic form of free will in a contractual obligation (up to the refusal of a transaction) if there are conditions related both directly to the psychophysiological characteristics of the counterparty and the pe-culiarities of neuromarketing effects under a specific contract. The relevance of hierarchical concepts of autonomy of will is noted; these are the situations when an individual choice is subject to legal protection, if it reflects a genuine will, consistent with the essential goals and values of the person. The absence of defects in awareness and voluntariness in such cases is a key aspect of principles of freedom of contract and reasonableness associated with a conscious decision when entering an obligation.

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