scholarly journals Law Enforcement and Fulfillment of the Right to a Healthy Environment Related to Forest Burning During the Covid-19 Pandemic in Indonesia

2020 ◽  
Vol 13 (4) ◽  
pp. 17
Author(s):  
Wahyu Nugroho ◽  
Erwin Syahruddin
Keyword(s):  
Climate Change ◽  
Law Enforcement ◽  
Environmental Quality ◽  
Carbon Emissions ◽  
Forest Fires ◽  
The State ◽  
Healthy Environment ◽  
Environment And Health ◽  
Smoke Pollution ◽  
The Government

Law enforcement against forest burning during the Covid-19 pandemic was carried out extraordinary. The state is obliged to fulfill the rights of citizens to a good and healthy environment, to overcome forest fires. The country must also restore environmental quality from smoke pollution, as well as the government's commitment to tackling climate change due to forest fires during the Covid-19 pandemic. In this article, the problem is how is law enforcement against forest burning during the Covid-19 pandemic? and how to fulfill community rights to a healthy environment related to forest burning during the Covid-19 pandemic? The method used is a variety of literature and information media during a pandemic related to forest burning, as well as the Law on Environment and Forest Management, using qualitative juridical analysis. In conclusion, first, law enforcement against forest burning during the Covid-19 pandemic is carried out extraordinarily by implementing a system of heavy sanctions, revoking permits, optimizing the recovery costs for Covid-19 response to the results of corporate efforts to guarantee the economy of citizens and donations to the state to address the handling of Covid-19, and to involve indigenous peoples in forest areas with local wisdom that contribute to reducing carbon emissions, so that climate change can be resolved during the Covid-19 pandemic; second, the fulfillment of people's rights to a healthy environment related to forest burning during the Covid-19 pandemic is a state obligation guaranteed by the constitution, maintaining good environmental quality, and Indonesia's commitment to reducing carbon emissions and forest fires due to climate change, as well as law enforcement, oriented towards fulfilling the rights to the environment and health of citizens.

scholarly journals Assessing the Opportunity Cost of Carbon Stock Caused by Land-Use Changes in Taiwan

Land ◽  
2021 ◽  
Vol 10 (11) ◽  
pp. 1240
Author(s):  
Ming-Yun Chu ◽  
Wan-Yu Liu
Keyword(s):  
Climate Change ◽  
Land Use ◽  
Carbon Storage ◽  
Carbon Emissions ◽  
Opportunity Cost ◽  
Carbon Stock ◽  
Agricultural Land ◽  
Land Use Changes ◽  
Market Price ◽  
The Government

As compared with conventional approaches for reducing carbon emissions, the strategies of reducing emissions from deforestations and forest degradation (REDD) can greatly reduce costs. Hence, the United Nations Framework Convention on Climate Change regards the REDD strategies as a crucial approach to mitigate climate change. To respond to climate change, Taiwan passed the Greenhouse Gas Reduction and Management Act to control the emissions of greenhouse gases. In 2021, the Taiwan government has announced that it will achieve the carbon neutrality target by 2050. Accordingly, starting with focusing on the carbon sink, the REDD strategies have been considered a recognized and feasible strategy in Taiwan. This study analyzed the net present value and carbon storage for various land-use types to estimate the carbon stock and opportunity cost of land-use changes. When the change of agricultural land to artificial forests generated carbon stock, the opportunity cost of carbon stock was negative. Contrarily, restoring artificial forests (which refer to a kind of forest that is formed through artificial planting, cultivation, and conservation) to agricultural land would generate carbon emissions, but create additional income. Since the opportunity cost of carbon storage needs to be lower than the carbon market price so that landlords have incentives to conduct REDD+, the outcomes of this study can provide a reference for the government to set an appropriate subsidy or price for carbon sinks. It is suggested that the government should offer sufficient incentives to reforest collapsed land, and implement interventions, promote carbon trading policies, or regulate the development of agricultural land so as to maintain artificial broadleaf forests for increased carbon storage.

scholarly journals ECONOMIC GROWTH, URBANISATION AND CARBON EMISSIONS: EVIDENCE FROM SELECTED ASEAN COUNTRIES

2020 ◽  
Vol 6 ◽  
pp. 9-16
Author(s):  
Seng-Huat Tan ◽  
Meenchee Hong
Keyword(s):  
Climate Change ◽  
Economic Growth ◽  
Carbon Emissions ◽  
Urban Population ◽  
Environmental Governance ◽  
Value Added ◽  
Pollution Problem ◽  
Per Capita ◽  
Asean Countries ◽  
The Government

Climate change is considered as the most severe and urgent environmental issue in this present era. There is a clear consensus that the climate change problem is much related to the rising level of carbon emissions in the atmosphere. The link between economic growth, urbanization and carbon emissions was examined extensively in the literature. Fast-paced economic growth will advance urbanization in a country and result in higher energy consumption to meet various needs in an urban economy. This conditions will trigger more carbon emissions and generate more pollution problem. This paper aims to discuss and compare the growth pattern of economic growth, urbanization and carbon emissions between five selected ASEAN countries such as Indonesia, Malaysia, Philippines, Thailand and Vietnam for the period 1990-2018. All these five countries have recorded at least 4% economic growth rate in the year 2018. In the same period, Indonesia has the largest in term of total value added in manufacturing. Similarly, Vietnam has the largest growth of value-added in the same industry. Among all, Indonesia has the largest urban population whilst Malaysia has the highest rate in urbanization and carbon emissions per capita. The upward trend of urban population and carbon emissions per capita in these countries exhibit certain pressures and challenges to the countries’ environmental quality. Therefore, the government in these countries should pay attention to environmental governance to achieve sustainable urbanization while prioritizing economic growth

Blurring the Lines

2021 ◽  
pp. 29-54
Author(s):  
Daniel R. Brunstetter
Keyword(s):  
Law Enforcement ◽  
Just War ◽  
Use Of Force ◽  
The State ◽  
Special Forces ◽  
Terrorist Groups ◽  
The Government ◽  
Peace And War ◽  
Clear Line ◽  
Western Democracies

Law enforcement is often seen as the de facto, and relatively pure, alternative to contemporary just war. If we are not at war, then the more restrictive law enforcement is the viable paradigm. This chapter interrogates two assumptions underlying this view. It begins by demystifying the unwritten assumption that the liberal law enforcement paradigm associated with Western democracies is the idealized foil to just war. Using France, whose postcolonial legacy complicates the turn to the Western liberal paradigm as an illuminating case, the chapter explores how domestic warlike violence creates a state of fractured order—the violence and potential for abuses of power that permeate society as the government seeks to balance security and individual rights. The chapter then turns to the transnational context to challenge the view that there exists a clear line between the state of war and the state of peace. Mali serves as a paradigmatic case to illustrate how the effectiveness of law enforcement is curtailed in spaces of contested order where heavily armed terrorist groups challenge the authority of the state, thus prompting a turn to Special Forces and drones to restore order. In both contexts, the chapter identifies a shift away from the restrained norms that typically govern the use of force in law enforcement to more warlike uses of force that blur the lines between peace and war. The chapter concludes with a reflection on how this shift might inform the ethics of limited force, which lies between law enforcement and just war.

scholarly journals The Civic Duty to Report Crime and Corruption

2014 ◽  
Vol 9 (1) ◽  
pp. 50-64 ◽  
Author(s):  
Candice Delmas
Keyword(s):  
Law Enforcement ◽  
Political Stability ◽  
The State ◽  
Moral Duty ◽  
Civic Duty ◽  
The Public ◽  
Corrupt Activity ◽  
The Will ◽  
The Government ◽  
General Scope

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal.

scholarly journals CONCEPTS AND APPLICATION OF GOOD GOVERNANCE IN THE GOVERNMENT OF OMAR BIN ABDUL AZIZ

2021 ◽  
Vol 6 (1) ◽  
pp. 117-132
Author(s):  
Zul Karnaini
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Private Sector ◽  
Good Governance ◽  
The State ◽  
Umayyad Dynasty ◽  
Effectiveness And Efficiency ◽  
The Government ◽  
Good And Evil ◽  
Islamic Values

The term Good Governance (an-Nizam al-Siyasah) is an Islamic concept in the implementation of good governance according to the Qur'an and Hadith. This concept was re-emerged by UNDP in 1990 which was implemented by Umar bin Abdul Aziz during the Umayyad dynasty, in balancing a synergistic and constructive relationship between the state, the private sector and society, through the principles of good governance applied by Umar bin Abdul Aziz: 1. tawhid, 2. Trust, 3. Deliberation, 4. Justice and Law Enforcement, 5. Equality, 6. Brotherhood, 7. Human Rights (HAM), 8. Effective and Efficient, 9. Social Supervision. Umar bin Abd Aziz's principles of good governance are in line with Islamic values, such as: Allah as the highest caliph, trustworthiness, deliberation, justice, equality, brotherhood, human rights, and commanding good and evil. In comparison, UNDP and LAN Good Governance have the following principles: participation, law enforcement, transparency, equality, responsiveness, effectiveness, professionalism, supervision. The principles of good governance of Umar bin Abdul Aziz associated with maqasid sharia are; the principle of tawhid according to maqasid shari'ah in the field of muhafazah ad-din (maintaining religion), the principle of trustworthiness and effectiveness and efficiency, including the category of muhafazah al-mal (protection of property). The application of deliberation, including the category of muhafazah al-aql (preservation of reason) and brotherhood is included in the category of muhafazah al-nasl (maintaining offspring). Human Rights (HAM) are included in the category of muhafazah al-nafs (protecting the soul). in line with the maqasid shari'ah al-Syatibi. If tawhid is connected with Imam Malik's istislahi theory, then this principle includes daruriyyah (principle), while justice and law enforcement, deliberation, trust, equality, brotherhood are included in the hajiyyah category. effective, efficient, social supervision is included in the category of taksiniyah. Then how is good governance implemented and how is it related to UNDP good governance. This is the study of this treatise as material to add to the treasures of knowledge in the state Abstrak: Istilah Good Governance (an-Nizam al-Siyasah) merupakan konsep Islam dalam pelaksanaan tata kelola pemerintahan yang baik sesuai al-Qur’an dan Hadits. Konsep ini dimunculkan kembali oleh UNDP pada 1990 yang pernah dilaksanakan Umar bin Abdul Aziz pada masa dinasti Umayyah, dalam menyeimbangkan hubungan yang sinergis dan konstruktif antara negara, sektor swasta dan masyarakat, melalui  prinsip  good governance yang diterapkan Umar bin Abdul Aziz: 1. tawhid, 2. Amanah, 3. Musyawarah, 4. Keadilan dan Penegakan Hukum, 5. Persamaan, 6. Persaudaraan, 7. Hak Asasi Manusia (HAM), 8. Efektif dan Efisien, 9. Pengawasan Sosial. Prinsip-prinsip Good governance Umar bin Abd Aziz  sejalan dengan tata nilai Islam, seperti: Allah sebagai khalifah tertinggi, amanah, musyawarah, keadilan, persamaan, persaudaraan, HAM, dan amar makruf nahi munkar.  Sebagai bandingannya adalah Good Governance UNDP dan LAN memiliki prinsip sebagai berikut: partisipasi, penegakan hukum, transparansi, kesetaraan, daya tanggap, efektif, profesionalisme, pengawasan. Prinsip-prinsip good governance Umar bin Abdul Aziz diakaikan dengan maqasid syariah adalah; prinsip tawhid sesuai maqasid syari’ah bidang muhafazah ad-din (menjaga agama), prinsip amanah dan efektif serta efisien termasuk ketagori muhafazah al-mal (penjagaan harta). Penerapan musyawarah, termasuk kategori muhafazah al-aql (penjagaan akal) dan persaudaraan  termasuk kategori muhafazah al-nasl (menjaga keturunan). Hak Asasi Manusia (HAM) termasuk kategori muhafazah al-nafs (menjaga jiwa). sejalan dengan maqasid syari’ah al-Syatibi. Jika dihubungkan  tawhid  dengan teori  istislahi Imam Malik maka prinsip ini termasuk daruriyyah (pokok), sementara keadilan dan penegakan hukum, musyawarah, amanah, persamaan, persaudaraan termasuk tingkatan kategori hajiyyah. efektif, efisien, pengawasan sosial termasuk kategori taksiniyah. Lalu bagaimanakah good governance ini diterapkan dan bagaimana hubungannya dengan good governance UNDP. Inilah kajian risalah ini sebagai bahan untuk menambah khazanah ilmu pengetahuan dalam bernegara. Kata Kunci: Tata Kelola, Konsep dan Aplikasi yang Baik, Pemerintahan Omar Bin Abdul Aziz

scholarly journals PENEGAKAN HUKUM ADMINISTRASI LINGKUNGAN HIDUP DITINJAU DARI KONSEP NEGARA HUKUM

2020 ◽  
Vol 5 (2) ◽  
pp. 260
Author(s):  
Atika Thahira
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
State Theory ◽  
Living Environment ◽  
The State ◽  
Healthy Environment ◽  
Protection Of Human Rights ◽  
The Right ◽  
Environmental Administration ◽  
And Function

Indonesia, Indonesia is a nation of law that uses a rule of law country (rechtstaat) concept. The concept of rule of law Indonesia set forth in its Constitution, the 1945 Constitution, Article 1 paragraph (3). There is an important element of democracy stated on the Constitution, namely the protection of human rights, that every citizen has the right to enjoy it. One of the rights protected in the Constitution is right to access a good and healthy living environment. For this, the environment needs to be preserved and function through administrative law enforcement. The study uses normative juridical approach with descriptive-analytics, which describes the norms and associated with theories, and opinions of legal experts. The development of a democratic nations of law can be seen from the aspect of law enforcement in particular with environmental administration. In Indonesia, it can be reviewed through the theory of organic states and the theory of pluralist states. Based on the theory of an organic state and looking at the aspects of environmental administration law enforcement in Indonesia, the state has regulated the enforcement of environmental administrative sanctions whereby the state can regulate every activity and/or business in the environmental issues. Therefore, the pluralist state theory recognized a variety of diverse interests  in society that the state has accommodated all citizens rights to a good and healthy environment through pro-environment government policies.

scholarly journals ECONOMIC GROWTH, URBANISATION AND CARBON EMISSIONS: EVIDENCE FROM SELECTED ASEAN COUNTRIES

2020 ◽  
Vol 6 ◽  
pp. 9-16
Author(s):  
Huat Tan Seng ◽  
Hong Meenchee ◽  
Tze-Haw Chan
Keyword(s):  
Climate Change ◽  
Economic Growth ◽  
Carbon Emissions ◽  
Urban Population ◽  
Environmental Governance ◽  
Value Added ◽  
Pollution Problem ◽  
Per Capita ◽  
Asean Countries ◽  
The Government

Climate change is considered as the most severe and urgent environmental issue in this present era. There is a clear consensus that the climate change problem is much related to the rising level of carbon emissions in the atmosphere. The link between economic growth, urbanization and carbon emissions was examined extensively in the literature. Fas-paced economic growth will advance urbanization in a country and result in higher energy consumption to meet various needs in an urban economy. This conditions will trigger more carbon emissions and generate more pollution problem. This paper aims to discuss and compare the growth pattern of economic growth, urbanization and carbon emissions between five selected ASEAN countries such as Indonesia, Malaysia, Philippines, Thailand and Vietnam for the period 1990-2018. All these five countries have recorded at least 4% economic growth rate in the year 2018. In the same period, Indonesia has the largest in term of total value added in manufacturing. Similarly, Vietnam has the largest growth of value-added in the same industry. Among all, Indonesia has the largest urban population whilst Malaysia has the highest rate in urbanization and carbon emissions per capita. The upward trend of urban population and carbon emissions per capita in these countries exhibit certain pressures and challenges to the countries’ environmental quality. Therefore, the government in these countries should pay attention to environmental governance to achieve sustainable urbanization while prioritizing economic growth.

scholarly journals The Organization of Criminal Proceedings During a Pandemic when the State of Emergency Has Not Been Declared (Using the Example of COVID-19 Pandemic)

2021 ◽  
Vol 15 (2) ◽  
pp. 248-260
Author(s):  
Michael Menzhega ◽  
Marina Sawelewa ◽  
Aleksandr Smuskin
Keyword(s):  
Law Enforcement ◽  
Information And Communication Technologies ◽  
Emergency Situation ◽  
The State ◽  
Personal Contact ◽  
Negative Consequences ◽  
Criminal Proceedings ◽  
State Of Emergency ◽  
Information And Communication ◽  
The Government

The authors analyze the work of law enforcement bodies in the conditions of the pandemic when the situation has not been recognized as an emergency by the government authorities and the state of emergency has not been announced (using the example of the situation in March — April of 2020 connected with the COVID-19 pandemic). They stress the importance of a comprehensive assessment of how critical the situation is and of carrying out certain actions even before it is recognized as an emergency. The authors also analyze various approaches to this situation used in difference regions of Russia and point out negative consequences of the implementation of some decisions. It is shown that law enforcement activities, in comparison with other functions of the state, provide fewer opportunities for avoiding personal contact with citizens. In this connection, different ways of carrying out criminalistic activities effectively that take into consideration the necessity of minimizing personal contact for the investigator are presented, such as: distance communication, investigative activities in virtual reality, use of unmanned aerial vehicles to examine the scene of crime without visiting the area during lockdown, use of criminalistic robotics and other robotic complexes. The authors note with regret that while the administration of law enforcement during an emergency situation or a state of emergency is supported by research-based recommendations, it is left in a virtual vacuum, research- and methodology-wise, in the situation of restrictive measures and self-isolation. The article describes both measures of general prevention (use of medical masks, disposable gloves, disposable clothes, hazmat suits), and special possibilities provided by information and communication technologies available in the conditions of the fourth information revolution. The latter, according to the authors, are a wider use of videoconferencing (including its use for such investigative actions as interrogation, confrontation, identification parade, examination), use of computer-augmented reality, implementation of the concept of electronic justice and the use of robotic complexes for criminalistic purposes.

Community Security and Self-Defense

Unruly People ◽  
2016 ◽  
Author(s):  
Robert J. Antony
Keyword(s):  
Law Enforcement ◽  
Self Regulation ◽  
Local Communities ◽  
The State ◽  
Famine Relief ◽  
Self Defense ◽  
State Agents ◽  
The Government ◽  
Self Protection ◽  
Do So

Chapter 5 analyzes local self-regulation and law enforcement efforts. In conjunction with government, local communities also devised various methods for their own security and self-defense. Despite the state’s efforts and accomplishments in reaching down into local communities, the countryside was too vast and populous for state agents to penetrate everywhere. Normally the government preferred not to intervene directly in local affairs, but rather, to do so only indirectly through community lecture (xiangyue) and mutual surveillance (baojia) agents. Occasionally, in times of crises, the state would intervene more directly, such as in cases of famine relief and the suppression of riots and rebellions, but more routine security matters were normally left to each individual community. Rural towns and villages adopted a number of strategies for self-protection against bandits, including walls and other fortifications, guardsmen units, crop-watching associations, and militia. Nonetheless, I also argue that there was a complicated mix of activities in local communities involving both protection and predation.

Credible Commitments and the Right to Bear Arms: Viewing the Second Amendment from a Game-Theoretic Perspective

2018 ◽  
Vol 53 (4) ◽  
pp. 1024-1045
Author(s):  
JAMIE LEVIN
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Credible Commitments ◽  
Second Amendment ◽  
Self Defense ◽  
Commitment Problem ◽  
Game Theoretic ◽  
The Government ◽  
The Right ◽  
State Militias

For most of its existence, the Second Amendment was largely ignored by Constitutional scholars. Recently, a veritable cottage industry has developed in which two distinct camps have surfaced: so-called “Standard Modelers,” who argue that individuals have a right to bear arms for self-defense, the defense of the state, and, in the most extreme examples, to overthrow the government should it become tyrannical, and those who view the Second Amendment as a collective right vested in the state militias for the purposes of law enforcement, to protect against foreign aggression, to quell domestic insurrection, and as a check against federal overreach. Despite the enormous gulf between them, both sides agree that the right to bear arms provides a counterbalance against the federal government. This paper uses insights from game theory to shed new light on the adoption of the Second Amendment. The states suffered a commitment problem. They wished to cooperate with each other by founding a new republic, but feared the consequences of doing so: losing their freedom to a powerful government. The Second Amendment militated against the need for a large federal army, acted to counterbalance federal forces, and created the offensive means with which to confront a tyrannical government.

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