scholarly journals The Hodgepodge and Echelon of Citizens Participation in Environmental Law Enforcement of China:The 2015 Environmental Protection Law in Focus

2019 ◽  
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law

Environmental Protection in Pancasila Perspective

2020 ◽  
Vol 1 (1) ◽  
pp. 7-10
Author(s):  
Lusia Indrastuti ◽  
Budi Prasetyo
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Spiritual Needs ◽  
Way Of Life ◽  
Environmental Aspects ◽  
Legal Provisions ◽  
Library Research ◽  
Ongoing Development

Utilization of natural resources through environmental empowerment is an intention to improve public welfare through the Pancasila philosophy. The occurrence of floods that have occurred at this time both the Jabodetabek area and other regions illustrate the preservation of the environment not running well. For this reason, efforts and strategies need to be made to anticipate disasters that will occur in the future. In accordance with the foundation of the Pancasila state that has been engraved in the life of the nation and state of Indonesia, the role of the Pancasila for environmental protection needs to be put forward. This article aims to prevent the dominance of law enforcement in the field of environment but the role of the Pancasila perspective as a way of life and state ideology must be put forward. Pancasila is a guideline for maintaining and developing community welfare through a harmonious, balanced environment in order to improve the ongoing development at this time. This research uses a normative approach to library research, by conducting a study of the nation's life view of Pancasila and analyzing the applicable legal provisions, specifically in the field of environmental law. The results of this study are to put forward the Pancasila perspective approach in managing the environment in order to develop patterns of harmony, harmony and balance both in meeting physical and spiritual needs. The conclusion of this article is that environmental management has not been carried out in the perspective of the Pancasila perspective, so that the practice of Pancasila values has not been carried out consistently in developing environmental aspects.

scholarly journals Human Rights Approach in Environment Law Enforcement based on Law Number 23/2009

2019 ◽  
Vol 8 (10) ◽  
pp. e458101417
Author(s):  
Lanny Ramli
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Healthy Life ◽  
Administrative Punishment ◽  
The Right ◽  
Court Processing

Individual has the same rights to have prosperity life including the right to have healthy life. In this research, the objective of the study is to discuss about the enforcement of environmental law based on Law Number 32 of 2009 about Environmental Protection and Management based on a human rights. Using The results found that the administrative punishment is a quick way and appropriate to stop the violation in environment. It is due to the punishment is given without going through court processing. Administrative punishment is referred to the violation not to the person. In addition, imposition of administrative punishment is not aimed to punish the violator, but it is more concern to the recovery the situation (reparatoir).

Design and Development of the Environmental Protection Mobile Enforcement System

2014 ◽  
Vol 937 ◽  
pp. 526-530
Author(s):  
Ya Qiong Wang ◽  
Ying Jiong Zhao
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Internet Of Things ◽  
Environmental Protection ◽  
Environmental Law ◽  
Administrative Law ◽  
Shanxi Province ◽  
Environmental Status ◽  
Supervision And Management ◽  
And Function

With analyzing the environmental status of law enforcement and job demands, the environmental protection mobile enforcement system was developed based on Android platform and SOA architecture. Using this system, the ability of environmental law enforcement supervision and management was improved, and various environmental administrative law enforcement issues were solved under the limited environmental management resource. Taking Shanxi Province as an example, the environmental protection mobile enforcement system was designed and developed in term of data integration, sharing resources, standardize management and function expansion. This system can been connected to the environmental Internet of Things system which was proved practical.

scholarly journals Legal Aspects of Environment in Indonesia: an Efforts to Prevent Environmental Damage and Pollution

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Arifin Maruf
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Law ◽  
Legal Aspects ◽  
Environmental Damage ◽  
Welfare Benefits ◽  
Environmental Balance ◽  
Good Environment

Pollution and destruction of the environment are some of the severe threats to the conservation of the environment in Indonesia. The disturbed environmental balance needs to be restored as the giver of life and welfare benefits society by improving environmental protection, community development, and optimization of environmental law enforcement. It aims to maintain the existence of nature and aimed at solving environmental problems in Indonesia, primarily the caused by human activity. this case could be through civil, administrative, or criminal law so that it can cope with and take action against perpetrators of pollution, and the destruction of the environment and create a good environment, healthy, beautiful and comfortable for all people. Keywords: Environmental Law; Environmental Damage; Indonesia.

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 JURIDIC REVIEW ON INTEGRATED LAW ENFORCEMENT IN ENVIRONMENTAL CRIME

2021 ◽  
Vol 9 (06) ◽  
pp. 778-782
Author(s):  
Agung Susanto ◽  
◽  
Agus Surono ◽  
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Secondary Data ◽  
Environmental Issues ◽  
Constitutional Court ◽  
Environmental Laws ◽  
Effective Implementation ◽  
Law Enforcement Officials ◽  
Environmental Crimes

The potential for environmental problems that can have a major impact on the preservation of nature and human health raises awareness of the need to regulate environmental issues with legal instruments. The mechanism for enforcing environmental crimes in Indonesia is contained in Law Number 32 of 2009 concerning Environmental Protection and Management and the Decision of the Constitutional Court Number 18/PUU-XII/2014 dated January 21, 2015, which is carried out in an integrated manner. Nevertheless, there are problems in implementation, namely due to the unclear model of the application in terms of coordination between lemabaga, resulting in law enforcement in an integrated manner less efficient and effective implementation of this research is library researchusing methods Juridical Empirical and manifold qualitative by examining various kinds of primary and secondary data and will describe how the implementation of integrated law enforcement in environmental crimes based on Law Number 32 of 2009 concerning Environmental Protection and Management and Constitutional Court Decision Number 18/PUU-XII/2014 Date January 21, 2015. Support for environmental criminal law enforcement contained in UUPPLH is the existence of environmental Civil Servant Investigators (PPNS) (Article 94) who have the authority to conduct investigations in cases of environmental pollution and or destruction. Therefore, to inhibit the rate of pollution and environmental destruction, in particular, it is necessary to enforce environmental laws in an integrated manner. Enforcement of environmental law is closely related to the ability of the apparatus and the compliance of citizens with laws and regulations. Seeing the courts decision in this study, it is suspected that environmental law enforcement officials have not made much progress and do not understand the environmental law enforcement system, which should be carried out in an integrated manner.

scholarly journals PENERAPAN ASAS ULTIMUM REMEDIUM DALAM PENEGAKAN HUKUM PIDANA LINGKUNGAN HIDUP

2019 ◽  
Vol 3 (1) ◽  
pp. 15-22
Author(s):  
Imam Budi Santoso ◽  
Taun Taun
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Water Quality Standards ◽  
Environmental Laws ◽  
Administrative Sanction ◽  
Principle Of Legality

The enforcement of environmental law in Indonesia today is growing , environmental laws and regulations are continuously equipped for sustainable development. But, enforcement of environmental law is still not as expected, in environmental law enforcement there are several ways of settlement that must be taken, administratively, alternatives dispute resolution and criminal law, but in criminal law enforcement regulated in Article 100 paragraph (2) of Law Number 32 Year 2009 on Environmental Protection and Management, criminal acts can only be applied if the administrative sanction is not complied with or violation is more than one time, then in explanation point 6 of Law Number 32 Year 2009 on Environmental Protection and Management, enforcement of environmental criminal law should pay attention to the principle of ultimum remedium which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful, and the application of the ultimum remedium principle applies only to certain offensive crimes, namely the prosecution of violations of waste water quality standards, emissions, and disturbances. However, if it is related to the legality principle contained in Article 1 paragraph (1) of the Criminal Code and the basis of criminal abrogation, the ultimum remedium principle is contradictory, criminal law should continue based on the principle of legality and stopped by the ultimum remedium principle on the basis of criminal sanction, whereas the basis of criminal abrogation has been clearly defined in the Criminal Code.

People’s Republic of China

2019 ◽  
pp. 127-148
Author(s):  
Xi Wang
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Governance ◽  
Environmental Law ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Law System ◽  
Republic Of China ◽  
Government Work

This chapter examines the environmental law system of the People’s Republic of China. It first provides an overview of the allocation of powers within the Chinese system as regards environmental protection, taking into account the relevant constitutional provisions for environmental governance. In particular, it discusses China’s political system and powers relating to environmental legislation, law enforcement inspection, oversight of government work, review and approval of governmental budgets for environmental protection, and appointment and dismissal of governmental officials involved in environmental protection. The chapter goes on to consider the structure and substance of China’s environmental law before turning to the implementation of the environmental law framework, placing emphasis on the role of administrative institutions and judicial organization relating to environmental protection. Finally, it analyses the process of environmental governance in China by the IPPEP Model, a conceptual model that describes the Interactions of Parties in Process of Environmental Protection (IPPEP).

scholarly journals AN OVERVIEW OF STRICT LIABILITY OFFENCES AND CIVIL PENALTIES IN THE UK’S ENVIRONMENTAL LAW

2020 ◽  
Vol 9 (1) ◽  
pp. 154
Author(s):  
Mahfud Mahfud
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Strict Liability ◽  
Environmental Damage ◽  
Legal Research ◽  
Environmental Offence ◽  
The Uk ◽  
Environmental Permitting ◽  
Damage Prevention

The UK has incorporated the strict liability principle in dealing with the environmental offence in its legislations. However, the principle application has some detrimental impacts. This article aims to discuss strict liability crimes in the UK’s environmental legislations and civil penalties in the UK, the detrimental effects of applying its principle and the reasons for supplementing criminal penalties for environmental offences with civil penalties. This will be done through the adoption of a doctrinal legal research method. The incorporation of strict liability principle in the UK’s legislations can be found in the Environmental Protection Act 1990, the Water Resources Act 1991, Part 2A of the Environmental Protection Act 1990 and the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No. 675). The detrimental effects of the principle application are the ignorance of mens rea element, unfair trial, ineffective environmental damage prevention, and contradictory to release right. The reasons for applying civil penalties of criminal law violation in regard with violating environmental law are this punishment is possible to be imposed on companies, it strengthens another kind of non-criminal sentence sanction, it is a peaceful solution, a polluter may manage by himself to repair the damage, it has no stigma on the polluter and it has wider law enforcement form. There is a dearth of literature looking at the latest UK’s legislation incorporating strict liability principle application. This article will fill this literature gap. 

scholarly journals PERTANGGUNGJAWABAN ADMINISTRATIF PENGELOLAAN LINGKUNGAN HIDUP BERBASIS PARTISIPASI MASYARAKAT UNTUK PEMBANGUNAN BERKELANJUTAN DI BALI

2021 ◽  
Vol 3 (2) ◽  
pp. 26-40
Author(s):  
I Nyoman Gede Sugiartha, Putu Wisnu Nugraha
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Local Community ◽  
Environmental Law ◽  
Administrative Law ◽  
Comparative Approach ◽  
Philosophical Approach ◽  
Healthy Environment ◽  
The Government

A good and healthy environment is a human right of every Indonesian citizen as mandated in Article 28H of the 1945 Constitution of the Republic of Indonesia. Indiscriminate environmental management contributes to the deterioration of the quality of the environment, therefore it is necessary to increase environmental protection and management. The protection and sustainable management of the environment is the responsibility of the government and the community. The government's responsibility in protecting and managing the environment is a function of public services, to ensure that all residents have a good and healthy environment. Then the government can be held accountable, both administratively, civilly and criminally when the government neglects to carry out its obligations that are not in accordance with the aspirations of the community. This research is qualified as a normative legal research by applying several types of approaches, namely, a statutory approach, a conceptual approach, a philosophical approach, a historical approach, a comparative approach, a case approach including a cultural approach based on local community wisdom. Therefore, this study aims to find philosophical and theoretical thoughts based on local wisdom about the nature of integrating community aspirations in the enforcement of Environmental Law both in administrative law, civil law and criminal law. The results of the study show that environmental protection and management is an effort to carry out responsibilities, which is very difficult, resulting in a decrease in the quality of the environment. Therefore, law enforcement is to make improvements to the applicable rules through the politics of normative legislation, then followed by administrative law enforcement. However, participatory environmental enforcement by integrating the values ​​that develop in the community in protecting and preserving the environment is an ideal form to protect and manage the environment wisely to realize sustainable regional development.   Lingkungan hidup yang baik dan sehat merupakan hak asasi setiap warganegara Indonesia sebagaimana diamanatkan dalam Pasal 28H UUD RI 1945. Pengelolaan lingkungan yang kurang bijaksana  turut memperparah penurunan kwalitas lingkungan hidup karena itu perlu dilakukan peningkatan perlindungan dan pengelolaan lingkungan hidup.  Perlindungan dan pengelolaan lingkungan yang berkelanjutan merupakan tanggungjawab pemerintah beserta masyarakat. Pertanggungjawaban pemerintah dalam melakukan perlindungan dan pengelolaan lingkungan hidup merupakan fungsi pelayanan public, untuk menjamin seluruh penduduk mendapatkan lingkungan yang baik dan sehat. Maka pemerintah dapat diminta pertanggungjawabannya, baik secara administrative, perdata maupun pidana mana kala pemerintah lalai melaksanakan kewajibannya yang tidak sesuai dengan aspirasi masyarakat. Penelitian ini dikualifikasikan sebagai penelitian hukum normatif dengan menerapkan beberapa jenis pendekatan yaitu, pendekatan perundang-undangan, pendekatan konseptual, pendekatan filsafat, pendekatan sejarah, pendekatan perbandingan, pendekatan kasus termasuk pula pendekatan budaya atas dasar kearifan masyarakat lokal. Oleh karena itu, penelitian ini bertujuan menemukan pemikiran filosofis dan teoritis berbasis kearifan lokal tentang hakikat pengintegrasian aspirasi masyarakat dalam penegakan Hukum Lingkungan baik secara hukum administratif, hukum perdata maupun hukum pidana. Hasil penelitian menunjukan bahwa perlindungan dan pengelolaan lingkungan hidup adalah upaya mengemban tanggungjawab sangat sulit sehingga mengakibatkan terjadinya penurunan kwalitas lingkungan hidup makin nyata.  Oleh karenanya maka penegakan hukum adalah melakukan penyempurnaan terhadap aturan yang berlaku melalui politik legislasi penormaan selanjutnya baru diikuti penegakan hukum administrasif.  Namun demikian penegakan lingkungan partisipatif dengan mengintegrasikan nilai-nilai yang berkembang di masyarakat dalam menjaga dan melestarikan lingkungan adalah suatu bentuk idial untuk melindungi dan melakukan pengelolaan lingkungan hidup secara bijaksana untuk mewujudkan pembangunan  daerah yang berkelanjutan.

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