Towards the Future Generation Rights in Indonesian Law to Make Justice in the Inter Generation in the Environmental Sector

2018 ◽  
Vol 2 ◽  
Author(s):  
Purnawan D Negara ◽  
Widhi Handoko
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Law ◽  
Future Generation ◽  
Future Generations ◽  
Legal Rights ◽  
Constitutional Rights ◽  
Human Welfare ◽  
Healthy Environment ◽  
The Future

Efforts on environmental protection in Indonesia are very advanced and progressive, this can be seen from the development of Indonesia democracy which based on ecological (ecocracy) which has given legal rights to the nature/environment in the form of constitutional rights and human rights from nature/environment. The recognition is a form of balancing of the provision of human rights given which guarantees on a good and healthy environment. The ecocracy implementation is embodied in the development policy in Indonesia based on the principle of sustainable development, which is “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”. This policy has triggered the notion that if nature and the present generation have the legal right to a good and healthy environment then future generations can also have the same legal rights. It has not been existed in Indonesian law. The effort to go there is not utopian because Indonesian civil law has recognized the rights of future generations through Article 2 of the KUHPer, as well as by the values ​​of adat law have recognized the existence of natural rights, as well as by Islamic values ​​(as the largest religion) has provided the basis that the creation of the universe is reserved for human welfare (assigned to be the caliphate), the embodiment of the future generations can be seen from the blowing of the spirits to humans by God. The law is not in a hollow space, so the development of law in Indonesia should not be uprooted from its social base in order not to lose its meaning and power in society, future generation rights is not something new for Indonesian society, therefore the development of environmental law needs to drive to make it exist for environmental protection.

scholarly journals EKOLOGI KONSTITUSIONAL (GREEN CONSTUTIONAL) DAN KEDAULATAN WILAYAH DI INDONESIA

Jurnal Hukum ◽  
1970 ◽  
Vol 26 (2) ◽  
pp. 533
Author(s):  
Jawade Hafidz
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
The State ◽  
Court Decision ◽  
Future Generations ◽  
Constitutional Court ◽  
Environmental Rights ◽  
Healthy Environment ◽  
The Republic ◽  
First Time

Green Constitusional is a concept contained in the Act of 1945 Amendments, which in Article 33 Paragraph (3) arranged on the environment that must be managed for the benefit of development based on sustainable principles (suistainable) and environment (pro-enviroment). Green Constitusional concept first introduced by Jimly Asshiddiqie the first time in which this is one of the ideas and developments in environmental protection efforts are put towards environmental rights arrangements in the constitution of the State as a commitment to environmental protection and management.Constitution of the Republic of Indonesia 1945 Amendments also referred to as the supreme law of the land, because in its articles have known or regulating the preservation of nature or has shades of green. This is also confirmed in the Constitutional Court Decision No. 013/PUU-III/2005 dated 12 September 2005 that the politics of Indonesia's forest is in the implementation of human rights in Indonesia today and future generations to gain a healthy environment and in order implementation of national development.Key Word : Ecological Constitution, Sovereignty, Indonesia

scholarly journals GREEN CONSTITUTION INDONESIA (DISKURSUS PARADIGMATIK PEMBANGUNAN BERKELANJUTAN)

2014 ◽  
Vol 3 (2) ◽  
pp. 127
Author(s):  
Lucas Prabowo
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Future Generations ◽  
Environmental Damage ◽  
Severe Damage ◽  
International Environmental Law ◽  
Hard Law ◽  
The Right ◽  
International Conventions ◽  
Good Environment

Efforts to meet the economic needs of humans has resulted in severe damage to the ecosystem. Being aware that there is damage to natural resources and ecosystem are getting worse, various efforts underway to hold international conventions in the field of environmental protection has resulted in agreements, both of which are binding (hard law) and non-binding (soft law). Participating countries adopted the convention rules agrred up on into their legaislation, and even to strengthen the protection and enforcement of laws relating to environmental protection and the right to a good environment for the present dan future generations, environmental norms are then contained in the constitution including the Indonesian constitution, namely the post-UUD 1945 amandement. Keywords: environmental damage, international environmental law damage, intergerational equity, sustainable development, and constitution.

Administrative responsibility for offense in the field of environmental protection

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Kidalov Serhii ◽  
◽  
Snizhna Valeriia ◽  
Keyword(s):  
Public Relations ◽  
Environmental Protection ◽  
Environmental Law ◽  
Scientific Work ◽  
Legal Rights ◽  
Scientific Article ◽  
Negative Consequences ◽  
Nature Protection ◽  
Legal Mechanism ◽  
Administrative Responsibility

The scientific work investigates the features of administrative liability for offenses in the field of environmental protection. A classification of administrative offenses in the field of environmental protection has been formed, where the most common method is classification by object of encroachment. A study of the composition of administrative offenses in the field of environmental protection. In particular, it is determined that the composition of environmental offenses consists of: object – public relations in the field of environmental protection; subject – a natural sane person aged 16 years; objective side – illegal behavior, causing harm to the environment or violation of legal rights of subjects of environmental law; the causal link between the wrongful conduct of a person and the harm caused, the subjective side – guilt, motive and purpose of the offense. The issues, essence, features and types of measures of administrative coercion in the field of nature protection, the system and types of administrative penalties, the causes and conditions of committing offenses in the field of ecology are studied. In particular, it is determined that the causes and conditions of environmental offenses can be divided into two groups: subjective (is circumstances that arise in a person's desire to commit them) and objective, which include negative consequences for the nature of some achievements of science and technology. In addition, the scientific article attempts to analyze the main mechanisms of prevention of administrative offenses in this area and on the basis of this analysis, the authors provide their own conclusions on improving the administrative and legal mechanism of environmental protection. Also, it is determined that the administrative remedies for the prevention of administrative offenses in the field of environmental protection in addition to the establishment of legal norms, rules, regulations and standards include: state control over environmental protection; persuasion measures; measures of administrative coercion applied for the purpose of prevention, cessation of offenses in the field of environmental protection and bringing the perpetrators to administrative responsibility, as well as remedial measures. It is proved that to improve the administrative and legal mechanism in the field of ecology, our state should introduce: the use of legal, scientifically sound approach, a system of assistance to enterprises in the field of environmental modernization of production, adoption of the «polluter pays» principle, training and retraining of civil servants, environmental sphere. Keywords: administrative offenses, environmental protection, administrative and legal mechanism, composition of administrative offenses, administrative coercion, administrative and legal measures

Vulnerable in Nature

2021 ◽  
pp. 29-52
Author(s):  
Richard P. Hiskes
Keyword(s):  
Human Rights ◽  
Future Generation ◽  
Future Generations ◽  
Group Level ◽  
Environmental Rights ◽  
Adult Human ◽  
Environmental Human Rights ◽  
Special Priority

This chapter conceptually links children’s human rights with environmental human rights. Environmental rights initially belong to future generations because they are uniquely vulnerable to environmental harms perpetuated by those living today, and consequently belong to living generations through “reflexive reciprocity.” Children in fact represent the first, “living” future generation. Therefore they share environmental rights with future generations. Those rights are uniquely “emergent” in nature for both children and future persons; they emerge at the group level. They are also rights that take special priority over adult human rights, based on the vulnerability of both children and future groups.

An Ontology-Based Indigenous Knowledge Management Portal for Subfertility of Females

2022 ◽  
pp. 112-132
Author(s):  
Thenuka Yogarajah ◽  
Kuhaneswaran Banujan ◽  
Shanmuganathan Vasanthapriyan
Keyword(s):  
Knowledge Management ◽  
Indigenous Knowledge ◽  
Future Generation ◽  
Future Generations ◽  
Treatment Methods ◽  
Local Language ◽  
The Future ◽  
Technological World

Subfertility in humans is the major problem in the technological world mostly by their habits and foods. There are many treatment methods for the subfertility of females, but the documentation in this field is mostly available in the local language, which cannot be understood by others, and time by time, this knowledge towards the future generation is diminished. The authors have depicted the knowledge using ontology and thereafter the knowledge management portal (KMP) for the indigenous knowledge was developed using the modeled ontology. They believe that the indigenous knowledge management portal (IKMP) will help future generations to get knowledge easily by using this system. They also strongly believe that the IKMP will serve as the experience-sharing tool for the subfertility-related indigenous knowledge.

scholarly journals Hak-hak Konstitusional Anak terkait Penelantaran Akibat Perceraian

2021 ◽  
Vol 1 (1) ◽  
pp. 27-35
Author(s):  
Yusnani Hasyimzum ◽  
Keyword(s):  
Human Rights ◽  
Child Neglect ◽  
Growth And Development ◽  
Future Generation ◽  
Children's Rights ◽  
Special Consideration ◽  
Constitutional Rights ◽  
The Republic ◽  
The Government ◽  
The Right

Abstract Children, both boys and girls, are considered state assets because they represent the nation's future generation. Children's development and growth require special consideration and protection on the part of parents, family, society, nation, and state. Children's constitutional rights are regulated in the 1945 Constitution, which guarantees the welfare of every citizen, including protection against violations of children's rights, which are considered human rights. Every child has the right to survival, growth, and development, as well as the right to be protected from violence and discrimination, as mandated by the 1945 Constitution of the Republic of Indonesia; additionally, every child has the right to survival, growth, and development, as well as the right to be protected from violence and discrimination; The issue is why the constitutional rights of children who have been neglected as a result of divorce have not been fully complied with and what legal safeguards have the government implemented to reduce the number of child neglect victims.

scholarly journals Etyczne podstawy kontroli genetycznej

Etyka ◽  
1988 ◽  
Vol 23 ◽  
pp. 111-131
Author(s):  
Alicja Przyłuska-Fiszer
Keyword(s):  
Genetic Control ◽  
Human Life ◽  
Future Generation ◽  
Point Of View ◽  
Moral Rights ◽  
Future Generations ◽  
Moral Obligations ◽  
Traditional Concept ◽  
The Future ◽  
Genetic Endowment

The purpose of this paper is to examine some beliefs about the ethical justification of negative eugenics, i.e. a policy of limiting the frequency of childbearing by women prone to give birth to children with genetic defects. The main thrust of the paper is to define and defend of a particular duty v i s – á – v i s the future generations, viz. the duty to provide the future persons with healthy genetic endowment. In the first part of the paper the concept of the ‘obligation to future generation’ is considered. In the second part the putative right of children to acquire healthy genetic endowment is critically assessed from the moral point of view. The author focuses on important reservations concerning moral rights of not even potentially existing persona and the subsequent difficulty in establishing when such rights are infringed. The last part of the paper deals with the possibility of justifying our moral obligations to the future generations by consulting our direct moral duties, and bypassing the controversial issues of the rights of non-existent persons. The author concludes: one of the most credible methods of justifying the objectives of negative eugenics is the acceptance of the depersonalized version of the utilitarian principle (also called globally conceived principle of utility) which stipulates that the sum of pain in the world be minimized and the sum of happiness be maximized. In the same vein the traditional concept of the ‘sanctity’ of human life should be revised in the light of the principle that human life presupposes consciousness and dignity. When these two assumptions are made, it can be shown that due to the application of genetic control the future generations will live a happier life and suffer from fewer diseases than they would if we decided to ban genetic control.

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).

scholarly journals Legal relations peculiarities as a subject of legal regulation in the complex law branch

2020 ◽  
Vol 5 (5) ◽  
pp. 15-22
Author(s):  
Lyudmyla Dobroboh
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Environmental Protection ◽  
Theoretical Study ◽  
Environmental Law ◽  
Legal Regulation ◽  
Future Generations ◽  
The Subject ◽  
Selection Of

The article deals with theoretical study of the selection of specific features of legal relations of complex lawbranches on the example of environmental law. Today, the subject of legal regulation in this area is public relations for environmental protection and rational use of natural resources in order to ensure the quality of the environment in the interests of present and future generations.

scholarly journals International legal regulation of the right to adequate environment

2003 ◽  
Vol 55 (1) ◽  
pp. 89-103
Author(s):  
Vid Vukasovic
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Law ◽  
Well Being ◽  
Legal Regulation ◽  
Environmental Legislation ◽  
International Treaties ◽  
Aarhus Convention ◽  
The Right ◽  
The Eu

The article deals with some key issues concerning the evolution of the concept of the right to adequate environment. The evolution took several decades to reach the present state in which it is obvious that the right has been accepted as one of the so called third generation human rights by both doctrine and practice, in international environmental law as well as in national environmental legislation of a number of countries. In the first phase of development only some elements of the right existed within the ?classical? human rights (the right to life, the right to health etc.) of so called first and second generation. The turning point was the UN Stockholm 1972 Conference on the environment. The right was inserted in the first principle, of the Declaration accepted by the conference, and already had most of its main elements: the right to adequate living conditions in an environment with the quality that not only guarantees healthy life but a life in dignity and well-being. After the Stockholm Conference, the right was embraced by a part of the doctrine, and increasingly mentioned and discussed within the frame of the UNEP, the relevant UN specialized agencies, as well as by some other international organizations active in the field of environmental protection. The result of this acceptance was an increasing insertion of the right in international treaties as well as in various declaratory documents, on both universal and regional levels. The author devotes a part of his article to the development in Europe, and especially to the work of the Council of Europe, the UN Economic Commission for Europe (UNECE) and the EU. The author believes that most important development in Europe occurred within the ?Environment for Europe Process?, under the aegis of the UNECE. The result of it was signing of the Aarhus Convention (1998), one of most important international treaties signed until now. First of all, it regulates two important fields - protection of human rights and protection of environment. In it not only the right to adequate environment is explicitly mentioned in the Art. 1, but the main elements of the right are regulated in detail. The three ?pillars? of the Convention are devoted to the right to environmental information, the right of citizens to participate in environmental matters and the right to access to justice in matters concerning the environmental protection. It should be added that the Aarhus Convention has become a part of the EU legislation. Due to that, the whole process of implementation of the convention has become unavoidable for all candidate countries, as a proof of their intent to apply in practice environmental legislation and to democratise their societies.

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