THE IMPACT OF JOB CREATION ACT AGAINST THE PARTICIPATORY PRINCIPLE IN ENVIRONMENTAL LAW

2021 ◽  
Vol 1 (1) ◽  
pp. 22-28
Author(s):  
Aulya Noor Rahmah ◽  
Muhammad Rasyid Ridha ◽  
Nurul Kamriani
Keyword(s):  
Qualitative Analysis ◽  
Environmental Protection ◽  
Environmental Law ◽  
Job Creation ◽  
Judicial Power ◽  
Private Law ◽  
Legal Research ◽  
Checks And Balances ◽  
The Impact ◽  
Laws And Regulations

The enactment of Act 11/2020 on Job Creation in October 2020, resulted in several changes in laws and regulations. One of the crucial articles that were abolished by the Job Creation Act was Article 93 of the Environmental Act (UUPPLH) which regulates rights to file a lawsuit at the Administrative Court, this is contrary to the private law. Also based on Article 2 of the Environmental Act states that environmental protection and management is carried out based on the principle of Participation. This research focuses on the impacts of eliminating Article 93 of the Environmental Act by the Job Creation Act specifically on the principle of Participation. The method used in this research is normative legal research conducted with qualitative analysis. The result is that the elimination of Article 93 of the Environmental Act by Article 21 and Article 22 of the Job Creation Act is contrary to the Participatory Principle contained in Article 2 letter k and Article 70 of the UUPPLH. The abolition of Article 93 of the UUPPLH also causes the judicial power to be unable to exercise the principle of checks and balances.

6. The European Union and the environment

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
National Standards ◽  
Eu Law ◽  
The European Union ◽  
Law And Policy ◽  
The Impact ◽  
Different Sources ◽  
The Eu

This chapter provides a brief overview of how the EU shapes UK environmental law and policy. It begins by providing an introductory guide to EU law, outlining the key institutions of the EU, the different sources of EU law, and how EU law is made. The chapter then proceeds to look at the more substantive elements of EU law as they affect environmental protection, starting with the policy and constitutional bases for EU environmental law, and gives a flavour of the scope of EU environmental legislation, before considering the scope for national standards to exceed those set at EU level or to disrupt trade between the Member States. This is followed by a discussion of the challenges faced in making EU environmental law work, and then with some thoughts on the impact of Brexit and how this may shape UK environmental law.

scholarly journals Pengalihan Hak Atas Tanah Yang Objeknya Diikat Hak Tanggungan

Acta Comitas ◽  
2021 ◽  
Vol 6 (01) ◽  
pp. 127
Author(s):  
Anak Agung Sagung Karina Prabasari ◽  
Sirtha I Nyoman
Keyword(s):  
Qualitative Analysis ◽  
Research Method ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Legal Research ◽  
Laws And Regulations

The purpose of this paper is to find out and analyze whether or not it is permissible to transfer HT objects and about the type of agreement used to transfer some HT objects. The writing method used in this research is empirical legal research method with qualitative analysis, with a sociological juridical approach. The data sources used consisted of primary data through interviews with several Notaries / PPAT and secondary data including laws and regulations, books and journals. The results showed, first, that the transfer of HT objects is allowed even though it was not previously agreed in the APHT. Second, the types of agreements used consist of the agreement to carry out the sale and purchase of some HT objects in the form of PPJB and subsequently AJB, agreements related to the purchase and sale of HT objects, agreements related to the process of breaking and separating HT objects, making SKMHT and APHT . Tujuan penulisan ini untuk mengetahui dan menganalisis apakah diperbolehkan atau tidaknya pengalihan objek HT dan mengenai jenis perjanjian yang dipakai untuk mengalihkan sebagian objek HT. Metode penulisan yang digunakan pada penelitian ini adalah metode penelitian hukum empiris dengan analisis kualitatif, dengan pendekatan yuridis sosiologis. Adapun sumber data yang digunakan terdiri dari data primer melalui wawancara ke beberapa Notaris/PPAT dan data sekunder meliputi peraturan perundang-undangan, buku-buku dan jurnal-jurnal. Hasil penelitian menunjukkan, pertama, bahwa pengalihan obyek HT diperbolehkan meskipun sebelumnya tidak diperjanjikan dalam APHT. Kedua, Jenis-jenis perjanjian yang dipergunakan terdiri dari perjanjian kesepakatan untuk melakukan jual beli atas objek sebagian objek HT berupa PPJB dan selanjutnya AJB, perjanjian terkait pembayaran hasil jual beli objek HT, perjanjian terkait proses pemecahan dan pemisahan objek HT, perjanjian pembuatan SKMHT dan APHT

scholarly journals Analysis of Omnibus Law Creation Law: Scope of Labor

2021 ◽  
Vol 8 (10) ◽  
pp. 180
Author(s):  
Prehantoro Prehantoro
Keyword(s):  
Job Loss ◽  
Job Creation ◽  
Court Decisions ◽  
Legal Research ◽  
Legal Concept ◽  
Positive Side ◽  
Laws And Regulations ◽  
Transparency And Accountability

This type of research is normative legal research, namely research that puts law as a system of norms, namely about principles, norms, laws and regulations, court decisions, agreements and doctrines. Based on the explanation above, it can be concluded that omnibus law is a legal concept that focuses on simplifying the number of regulations because it revises and revokes many laws at once. Therefore, before the omnibus law concept is actually applied in forming regulations, the principles of participation, transparency, and accountability need to be put forward first. Law Number 11 of 2020 concerning Job Creation, which was designed with the aim of transforming the economy towards advanced Indonesia by 2045, in its Draft and Academic Papers encountered many problems. Especially in the Employment cluster, these problems are related to the reduced rights of workers/laborers. Although it’s undeniable that Law Number 11 of 2020 concerning Job Creation has several positive sides such as providing job loss guarantees for workers/laborers after Termination of Employment, but in reality the positive side of Law Number 11 of 2020 concerning Job Creation is not commensurate with the number of problems that exist.

scholarly journals The Impact of Environmental Management Plans on Firms’ Compliance with Governmental Regulations and Environmental Laws

2015 ◽  
Vol 5 (1) ◽  
pp. 30
Author(s):  
Hlamulo Reply Makelane
Keyword(s):  
Environmental Management ◽  
Impact Assessment ◽  
Industrial Development ◽  
Environmental Law ◽  
Research Question ◽  
Environmental Damage ◽  
Environmental Standards ◽  
Environmental Laws ◽  
The Impact ◽  
Laws And Regulations

<p class="emsd"><span lang="EN-GB">Many developed and developing countries have enacted environmental laws and regulations to control water quality and the environment. However, human activities, such as agriculture, urban and industrial development, mining, and recreation, significantly alter the quality of natural environments and their potential use. The compliance of firms with environmental laws is of great concern to scientists, governments, and regulatory agencies. The presence of hazardous chemicals in water resources even in small amounts may cause massive environmental damage. Thus, governments pass environmental laws and regulations to monitor human activity and enforce compliance with environmental standards. This study investigates the potential to improve firms’ compliance with environmental standards by implementing an environmental management plan (EMP) within a public firm and a private firm in South Africa. EMP implementation is required to mitigate and manage environmental risk. This study asks the following research question: To what extent does EMP implementation enhance a firm’s compliance to environmental laws and regulations? Further, to what extent are the specific characteristics of a firm associated with various EMP categories? The study used methods of inspection, observation, impact assessment, implementation, and monitoring to answer the research question. In both firms under study, the results showed no compliance with environmental law during initial site inspection and impact assessment. However, the implementation of EMPs in both firms improved compliance with environmental laws to nearly one hundred percent. As a result, EMPs were successfully implemented and monitored, improving the firms’ compliance with environmental laws and reducing negative environmental impacts to an insignificant level.</span></p>

scholarly journals Complex ecological branch of law in terms of globalization

2021 ◽  
Vol 2 (2) ◽  
pp. 14-20
Author(s):  
Lydmyla Dobroboh
Keyword(s):  
European Union ◽  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Regulation ◽  
Green Economy ◽  
The European Union ◽  
National Legislation ◽  
Environmental Relations ◽  
The Impact

The article deals with study of the impact of globalization on the development of a complex branch of environmental law. A significant development of science and technology in the modern world, the relative "development of the planet" and globalization processes necessitate the solution of qualitatively new scientific and applied problems and, in particular, the need to take into account the intensive development of world industry, limited natural resources and environmental requirements. and social mobility. The author has analyzed the most important historical events, implementation of international norms on environmental protection to national legislation. A particular attention has been paid to the development of the idea of environmental protection in European law in the second half of XX century and the separation within it of European environmental law. Recently, such important issues as the management of genetically modified organisms, the management of waste and hazardous chemicals, the reduction of harmful emissions into the atmosphere and water pollution have been regulated. This state of legal regulation of environmental relations at the level of international law has a positive impact on the national legislation of the Member States of the European Union and other states that have taken the European direction of development, including Ukraine. One of the important areas of cooperation between the European Union and Ukraine is the joint solution of problems in the field of environmental management and environmental protection. It has been concluded that the international legal regulation of environmental relations is a system of purposeful actions of subjects of international law, aimed at the rational use of nature and environmental protection in order to preserve it for present and future generations. The green economy is a priority for the European Union.

scholarly journals The Application of The Sustainable Development Concept In Indonesia’s Environmental Law

2021 ◽  
Vol 4 (1) ◽  
pp. 41-50
Author(s):  
Nurmayani Nurmayani ◽  
Eka Deviani ◽  
Risa Mahdewi ◽  
Desia Rakhma Banjarani
Keyword(s):  
Environmental Management ◽  
Air Pollution ◽  
Sustainable Development ◽  
Forest Fires ◽  
Environmental Law ◽  
Job Creation ◽  
River Pollution ◽  
Legal Research ◽  
The Sustainable Development ◽  
Development Concept

The reality of state life places the environment in sustainable development as an integral part of the national dynamics development. Moreover, Indonesia itself has issued various policies and instruments in the development of environmental law. Therefore, the development of environmental law cannot be separated from efforts to develop environmental law in accordance with international and national concepts or principles, one of which is the concept of sustainable development. However, environmental problems in Indonesia often occur, for example, forest fires, river pollution, air pollution, garbage, etc. This can raise doubts for the Indonesian people regarding the concept of sustainable development has really been applied in environmental law regulations in Indonesia so that it is necessary to examine the application of the sustainable development concept in Indonesia’s environmental law. Based on this background, the problem discussed in this paper is how the concept and application of sustainable development are in Indonesia’s environmental law? The method used in this article is normative legal research with a library law approach. The results of the study indicate that environmental law regulations in Indonesia such as: Law Number 4 of 1982 concerning Basic Provisions for Environmental Management, Law Number 23 of 1997 concerning Environmental Management, Law no. 32 of 2009 concerning Environmental Protection and Management, and Law no. 11 of 2020 concerning Job Creation, has been in accordance with the concept of sustainable development as stated in the articles in each of these laws.

scholarly journals Environmental Regulation and Corporate Financing—Quasi-Natural Experiment Evidence from China

2018 ◽  
Vol 10 (11) ◽  
pp. 4028 ◽  
Author(s):  
Xinghe Liu ◽  
Enxian Wang ◽  
Danting Cai
Keyword(s):  
Environmental Protection ◽  
Environmental Regulation ◽  
Natural Experiment ◽  
Environmental Law ◽  
Mediating Effect ◽  
Control Group ◽  
Chinese Society ◽  
Chinese Stock Market ◽  
Corporate Financing ◽  
The Impact

The Environmental Protection Law, which includes 70 articles and major changes in six aspects compared to the old law, is called in Chinese society the new Environment Protection Law. When the law was implemented in 2014, it was an important event in China that could be seen as a natural experiment. Based on a difference-in-differences model, this paper considers all of the listed heavily polluting enterprises between 2011 and 2016 as the experimental group and all of the other firms in the same industries listed on the Chinese stock market as the control group and examines the impact of the new Environmental Protection Law on the corporate financing of heavily polluting enterprises and its mechanisms. The results show that the strict environmental law caused Chinese listed enterprises to face higher environmental regulation costs, public pressure and environmental litigation. The financing capacity of heavily polluting enterprises has dropped significantly, especially in areas with higher regulatory intensity. Furthermore, since the new Environmental Protection Law was established, overinvestment by China’s heavily polluting enterprises has been significantly inhibited, and the decline in financing capacity exerts a mediating effect. The ultimate economic consequences of the new Environmental Protection Law are to decrease the corporate value of heavily polluting industries.

scholarly journals Joining the Aotearoa New Zealand Constitutional Debate: Constitutional Environmental Rights in our Future ‘Constitution’

2021 ◽  
Author(s):  
◽  
BoHao Li
Keyword(s):  
New Zealand ◽  
Environmental Protection ◽  
Cultural Values ◽  
Environmental Law ◽  
Legal Issues ◽  
Advisory Panel ◽  
Successful Implementation ◽  
Legal Research ◽  
Aotearoa New Zealand ◽  
New Zealanders

<p>In 2013, the Constitutional Advisory Panel invited New Zealanders to think about our vision of what New Zealand should look like in the future and to consider how our constitutional arrangements would support that vision. In response, New Zealanders have suggested the inclusion of an environmental protection regime in our future constitutional landscape. The author supports this prevailing opinion. This paper will use the experiences gained from international and regional human rights and environmental law treaties and other countries’ constitutions to explore the best model to achieve that goal. This comparative law analysis will identify the key theoretical and legal issues that must be addressed by Parliament to ensure the successful implementation and enforcement of an environmental protection regime through the courts. While international developments are important, any environmental constitutional framework must reflect New Zealand’s unique and distinctive history, environment, people, and cultural values. With this in mind, this paper will tentatively canvass a new environmental constitutional framework and lay foundations for further legal research and public debate.</p>

scholarly journals Reformulasi Pengaturan Tanggung Jawab Perusahaan Sebagai Ikhtiar Pemenuhan Hak Atas Lingkungan Hidup

PLENO JURE ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 9-24
Author(s):  
Moch. Andry Wikra Wardhana Mamonto
Keyword(s):  
Sustainable Development ◽  
Data Analysis ◽  
Environmental Protection ◽  
Corporate Responsibility ◽  
Research Method ◽  
Environmental Aspects ◽  
Legal Research ◽  
Environmental Improvement ◽  
Analysis Techniques ◽  
Laws And Regulations

Artikel ini bertujuan mengidentfikasi sejauh mana peraturan perundang-undangan tentang tanggung jawab perusahaan menjadi instrumen menjaga lingkungan dan pembangunan berkelanjutan. Metode penelitian yakni penelitian hukum normatif dengan sifat penelitian deskriptif-eksplanatoris. Peraturan tanggung jawab perusahaan terhadap lingkungan bersifat parsial baik secara horizontal dan vertikal, keseluruhan peraturan belum menunjukkan sinkronisasi serta belum diarahkan untuk memberikan perlindungan lingkungan dan menjaga keberlanjutan pembangunan. Oleh karenanya, penting dilakukan reformulasi dengan menegaskan tanggung jawab perusahaan pada aspek lingkungan melalui penetapan jumlah anggaran setiap tahunnya diperuntukan perbaikan dan pelestarian lingkungan. AbstractThis article aims to identify the extent to which laws and regulations on corporate responsibility are instruments of protecting the environment and sustainable development. The research method is normative legal research with descriptive-explanatory data analysis techniques. The regulations on corporate responsibility for the environment are partial both horizontally and vertically, all regulations have not shown synchronization and have not been directed to provide environmental protection and maintain sustainable development. Therefore, it is important to carry out reformulation by emphasizing the company's responsibility for environmental aspects by determining the amount of the budget each year for environmental improvement and preservation.

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