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INDONESIA
Indonesian Journal of Environmental Law and Sustainable Development
Published by Universitas Negeri Semarang
ISSN : 28299582     EISSN : 28299590     DOI : https://doi.org/10.15294/ijel
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal is intended to publish original and full-length articles that reflect the latest research and developments in both theoretical and practical aspects of Environment, Economic and Society with Sustainability in the multidisciplinary perspective including law, politics, ecology, and other related topics whether in the Indonesian context or Global perspective.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol 1 No 2 (2022): July-December, 2022" : 6 Documents clear
Implementation of Progressive Law in Enforcement of Environmental Law in Indonesia: The Current Problems and Future Challenges
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.58044

Abstract

Law enforcement in the environmental sector has a broad dimension, not only related to aspects of material losses, aspects of state administration, but also aspects of criminal law. Enforcement in this sector even faces several challenges and obstacles, one of which concerns the various motives and perpetrators of environmental crimes that continue to grow. This study aims to analyze how progressive law should work and be applied in environmental law enforcement in Indonesia. This study highlighted that one of the ways to realize social justice for all Indonesian people as stated in the fourth paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia is to utilize existing natural resources for the welfare of society. Article 3 paragraph (3) of the 1945 Constitution of the Republic of Indonesia also mandates that the land, water and natural resources contained therein shall be controlled by the state and used as much as possible for the prosperity of the people. This study also confirms that according to many experts, progressive law is pro-justice and pro-people law. This means that in sentencing legal actors are required to prioritize honesty and sincerity in law enforcement. They must have empathy and concern for the suffering experienced by the people. Thus, the interests of the people, in this case welfare, must be the orientation and ultimate goal in administering law.
Inter-correlation between Human Rights and Environmental Justice: A Discourse of Right to a Good and Healthy Environment in Indonesia
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.58045

Abstract

The right to a good and healthy environment is part of human rights. Where the right to the environment as a human right to live in an environment with a minimum quality that allows the realization of a dignified and prosperous life. As part of human rights, the state must respect, fulfill, and protect the right to a good and healthy environment. To fulfill the right to a good and healthy environment, everyone is given the right to obtain environmental education, access to information, access to participation, and access to justice. In other words, without access to information, participation, and justice, the right to a good and healthy environment will be difficult to fulfill. The government needs a mechanism or instrument for these three accesses to fulfill the right to a good and proper environment for its citizens. In the next section, we will review mechanisms or instruments for access to information, as an effort to fulfill the right to a good and healthy environment, especially in the context of controlling air pollution, as well as the shortcomings and alternatives of these mechanisms or instruments. This study aims to analyze the discourse on the right to a good and healthy environment in Indonesia in the study of human rights and environmental law in Indonesia.
Illegal Fishing by Other Countries: Complicated Law Enforcement in Indonesia
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.58123

Abstract

As an archipelagic country, illegal fishing become one of the challenges faced by Indonesia. This study aims to analyze the complexity of law enforcement in Indonesia in dealing with cases of illegal fishing carried out by other countries. This study confirms and finds that illegal fishing is illegal fishing activity or fishing activity carried out contrary to the provisions of laws and regulations in the field of fisheries. The government has also issued a number of regulations related to illegal fishing, including Law Number 31 of 2004 concerning Fisheries, Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries, Law Number 5 of 1983 concerning the Indonesian Exclusive Economic Zone, Law Number 21 of 2004 concerning Shipping, Law Number 6 of 1996 concerning Indonesian Waters, Presidential Regulation Number 115 of 2015 concerning the Task Force for the Eradication of Illegal Fishing, Minister of Maritime Affairs and Fisheries Regulation Number 37/Permen-KP/2017 concerning Standard Operational Enforcement Procedures Law of the Task Force for the Eradication of Illegal Fishing. This study also underlines that in Article 69 of Law Number 45 of 2009, fisheries surveillance vessels can stop, inspect, bring and detain vessels that are suspected or should be suspected of committing violations in the Indonesian fishery management area to the nearest port for further processing. Fishery investigators or supervisors can also take special action in the form of burning and/or sinking fishing boats with foreign flags based on sufficient preliminary evidence.
Civil Liability for Mining Companies for Environmental Pollution Based on Indonesian Laws
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.58135

Abstract

Environmental pollution has a broad legal dimension, in addition to criminal sanctions in various related legal regulations, there are also administrative and civil law aspects. This study aims to analyze how civil sanctions in environmental pollution are carried out by mining companies based on Indonesian legal rules. This study proves and confirms that in principle, every person in charge of a business and/or activity who commits an unlawful act in the form of pollution and/or environmental destruction that causes harm to other people or the environment is obligated to pay compensation and/or take certain actions. In addition to being required to pay compensation, the polluter and/or environmental destroyer may also be burdened by the judge to take certain legal actions, for example an order to install or repair a waste treatment unit so that the waste complies with the specified environmental quality standards; restore environmental functions; and/or eliminate or destroy the causes of environmental pollution and/or destruction.
A Discourse of Islamic Law on Environmental Protection and Sustanability: How are religious values transferred into Indonesian Environmental Law?
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.58136

Abstract

Apart from prohibiting causing damage to the earth, Islam also has an obligation to protect the environment and respect the universe which includes the universe which includes humans, plants, animals, other living things, and non-living things. Preservation of nature and the environment is inseparable from the role of humans, environmental damage is a reflection of the decline in the level of human faith. This study discusses the discourse of Islamic law in environmental protection and environmental sustainability. This study uses a comparative approach and legal interpretation, especially in the context of Islamic law which relates to obligations regarding environmental protection. This study found that, in many literatures and the views of Muslim experts, it is emphasized that protecting the environment is the same as protecting property. God provides humans with treasures to live life on earth, and wealth is not only money, but also earth, trees and plants are treasures. This study highlighted that Quran Surah Al-Araf verse 56, "and do not make any damage on earth after Allah has repaired it and pray to Him with fear and hope. Indeed, Allah's mercy is very close to those who do good”, used as a proof of Islamic values on environmental protection. In this interpretation it is emphasized that this verse is an affirmation of the prohibition of all forms of damage. Therefore, efforts to preserve the environment are not only at the conceptual level, but also manifest in Muslim life.
The Role of Women in Sustainable Development and Environmental Protection: A Discourse of Ecofeminisme in Indonesia
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.58137

Abstract

Women have been recognized as having an equal role in environmental protection and management. In relation to climate change, for example, internationally, the United Nations Framework Convention on Climate Change recognizes the importance of equal involvement between women and men, in gender-responsive climate policies, through a special agenda that addresses gender issues and climate change, including putting it into the Agreement. Paris. However, until now, the role of women still tends to be neglected, both at the local and national levels. This study aims to analyze and discuss the concept of ecofemenism as a movement for the role of Indonesian women in environmental protection in Indonesia.

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