scholarly journals Implementasi Hukum Adat Dalam Upaya Integrasi Pengendalian Pencemaran Lingkungan Terhadap Hukum Positif (Studi Kasus Desa Ngadirojo, Sokoo, Ponorogo)

2017 ◽  
Vol 1 (2) ◽  
pp. 30
Author(s):  
Adji Samudera Trisnatyan Pamadi ◽  
Linda Gusnia R

Today's environmental pollution control has been set in national law. Through the Environmental Management and Protection Act No. 32 of 2009 it was explained that environmental pollution is a criminal act. Criminal action in positive law then its prosecution through imprisonment. In contrast to people who still have customary law, which is customary law used as a solution to legal problems. A contribution of society to support the retributive pattern. Optimizing the role of society and customary law into a replacement solution of existing imprisonment. Bids fines become a reference for developing an integrated pattern of society. The involvement of the community to be proactive with all actions or efforts of environmental pollution from certain parties become the commodity of emphasis of environmental pollution in order to keep the naturally. Customary law becomes an identity that is in accordance with the culture of the state of Indonesia and also as an alternative law that exists. The integration between customary law and positive law remains an option in balancing life processes.

2015 ◽  
Vol 14 (1) ◽  
pp. 20
Author(s):  
Wan Asrida ◽  
Dian Arival Aryadana

This research is intended to find out the role of the regional environmental impact Control Agency of Batam City against the environmental problems that occur in industrial areas namely, Batam city, concerning sustainable development based upon the environment, the activities of the industry now aims to build an economic sector but has a negative effect that is the pollution of the environment. In this case in Batam city frequent occurrence of environmental pollution caused by industrial activity namely with disposal of waste which are not in place. This research is focused on environmental impact Control Agency area of Batam city authorities in the control of the environment . With the outline of the research issues namely how environmental impact Control Agency the role of the Regions in the control of pollution of the environment against industrial activity in Batam city in 2011-2014 and the factors restricting the role of the regional environmental impact Control Agency in controlling environmental pollution in Batam city in 2011-2014.Type of this research is a descriptive i.e. researchers provide a description and overview of the phenomenon or social symptoms examined by independent variables described in a systematic and accurate. Method of data collection is done by means of interviews and the documentation.The results of this research show that the role of environmental impact Control Agency area of Batam city in pollution control against industrial activity carried out according to its function but have not run well in accordance with the goals and targets that have been set. This is not in accordance with the duties and functions of the regional environmental impact Control Agency of Batam city, resulting in less the maximum role of Bapedalda itself in controlling pollution that occurred in Batam city. So it should be should be able to stake Bapedalda holder which is professional in the discharge of pollution control and must be capable of tackling the obstacles faced.


Author(s):  
Will Smiley

This chapter explores captives’ fates after their capture, all along the Ottoman land and maritime frontiers, arguing that this was largely determined by individuals’ value for ransom or sale. First this was a matter of localized customary law; then it became a matter of inter-imperial rules, the “Law of Ransom.” The chapter discusses the nature of slavery in the Ottoman Empire, emphasizing the role of elite households, and the varying prices for captives based on their individual characteristics. It shows that the Ottoman state participated in ransoming, buying, exploiting, and sometimes selling both female and male captives. The state particularly needed young men to row on its galleys, but this changed in the late eighteenth century as the fleet moved from oars to sails. The chapter then turns to ransom, showing that a captive’s ability to be ransomed, and value, depended on a variety of individualized factors.


Author(s):  
Benjamin A. Schupmann

Chapter 5 analyzes Schmitt’s theory of dictatorship. Schmitt’s theory of dictatorship was part of his broader criticism of positivism and its inability to effectively respond to the instabilities mass democracy wrought on the state and constitution. Positive laws, including constitutional amendment procedures, could themselves become threats to the fundamental commitments of public order. The suspension of positive laws might be justified. Schmitt argued dictatorship was a necessary final bulwark against this sort of revolutionary threat. The dictator, as guardian of last resort capable of acting outside positive law, could become necessary for a state to survive internal enemies. Yet, although dictatorship could suspend positive law, Schmitt argued it did not suspend the fundamental public order of the state and constitution—a distinction positivism was unable to recognize. This chapter concludes with an analysis of Schmitt’s discussion of the role of the president as guardian of the constitution.


Author(s):  
Nan Gong ◽  
I. I. Fedorov

The formation of the Russian procedural legal system is closely connected with its unique historical evolution. Russian Russian culture According to the Norman theory of the origin of the Russian nation, the Scandinavian culture is the most important source of early Russian culture. During the chaotic period of the tribe at the stage of primitive society, the Norman Varian was invited to Russia to reconcile the tribes of Russia and manage them, and this brought the Germanic custom to regulate the socio-economic and legal relations of various tribes. Since the formation of the ancient state of Russia, the ruling class has constantly strengthened the drafting of new laws and regulations, but customary law still dominates the legal system of the state. At the same time, ordinary norms in the system of customary law as a quasi-legal norm between morality and law have become an integral organic component of social customs and norms at all stages of Russian social development.During the period of Ancient Russia, the common custom of the Slavic people and the Norman Customary Law had a profound impact on the social life of ancient Russia. From the beginning of the 9th to the 17th century, customary law existed as the main legal source for regulating social relations in the late period of the development of Russian primitive society and in the earlier time of feudal society. His coercive force was based on the conviction that was widespread in the social community during this period, that is, "existing customs denote a reasonable basis". With the formation of the East Slavic state, the rulers began to work on drafting new legal norms, but inheritance is still mainly based on customs based on the clan system. As a result, as a rule of conduct recognized and guaranteed by the state, traditional customs gradually acquired a legal nature, and after that, positive law was formed. "Russkaya Pravda" is the most representative legal collection in the early years of the Russian feudal society, "The Truth of Ross", which was compiled according to the customs of the Eastern Slavs, and is the very fi rst positive law of ancient Russia.Before the appearance of formal law, customary law always played a role and coercive force as legislation, but the self-defense and insane methods of revenge obtained from it also caused social unrest. In order to stop personal self-defense and self-arbitrariness, as well as to strengthen ties between different regions, it is necessary to use the power of common law to unite the Principality into a whole. Although the new law does not exclude the original good customary norms, if there are no necessary penalties for violations, it will be destructive for the law. Therefore, it is necessary to give customary law a legal meaning and a compelling force, without changing the existing content of customary law.I must say that the German customs and the traditional customs of the Slavic people are intertwined in the historical codifi cation of Russian procedural law, forming a unique historical path of development of the procedural legal system of ancient Russia. Although national customs were recognized by the state in the form of positive law with the help of " Russian Truth”, and became the norm of justice and social norm on the basis of the guarantee of national coercive force, but this did not change the essence of customary law, but the form of positive law was given to it. As the modernization of the Russian judicial system moves into modern times, generations of legislators and lawyers are focusing on the study of national legal traditions and history, trying to discover the natural laws governing the development of the Russian legal system, and are constantly trying to make progress in the modern and modern process of judicial reform. The harmony of legislation, the borrowing of laws and national customs to a certain extent ensured a reasonable adjustment of national laws and norms of customary law.


2020 ◽  
Vol 5 (1) ◽  
pp. 89
Author(s):  
Lutfi El Falahy

Indonesia has written law in the form of positive law and law that lives in recognized societies and then becomes customary law, but recognition of customary law applies only to groups that recognize its existence, of course this is contrary to positive law that applies universally. Here the author tries to examine how the role of customary law in the formation of positive law and what its effects. The method used in this paper is a qualitative method and the approach uses library research. As a rule of law aimed at creating harmony and balance in society, the existence of customary law in a rule of law is absolutely necessary, because the rule of law as a feature of the rule of law is not a final word, but as a way to create justice in society.


2017 ◽  
Vol 5 (01) ◽  
Author(s):  
Ashutosh Tripathi ◽  
Ajay Kumar Pal

Pollution is the introduction of contaminants into the natural environment that causes adverse change. One of the greatest problem that the world is facing today is that of environment pollution, increasing with every passing year and causing grave and irreparable damage to the earth. Environmental pollution consists of five basic types of pollutants namely air, water, soil, noise and light. The solution of pollution is dilution. Environmental pollution can be controlled by recycling, reusing, waste management, mitigating, preventing and by making compost. Environmental management using modern technology seems to be effective in pollution control.


2018 ◽  
Vol 4 (1) ◽  
pp. 113
Author(s):  
Jantje Tjiptabudy

In relation to the positive law, the management of marine and coastal natural resources, there is also the rule of customary law. Customary law that still lives and develops in indigenous peoples also regulates the management system and utilization of natural resources in coastal and marine areas. Recognition of the rights of indigenous peoples is constitutionally contained in the 1945 Constitution of the State of the Republic of Indonesia where the state recognizes the existence of the Customary Law Community. In Maluku, marine potency management in general is still done traditionally known as marine customary rights that have been going on for generations but not yet fully recognized either by the government or entrepreneurs who are actually important partners in the development process.


2020 ◽  
Vol 10 (4(73)) ◽  
pp. 39-44
Author(s):  
S.A. Pavlova ◽  
I.E. Pavlov ◽  
O.O. Shelepova

In the Balkhash basin, an independent sustainable population of asp fish has formed, which is of great importance in industrial and recreational fishing. In the Republic of Kazakhstan, Lake Balkhash is one of the main fishing reservoirs. In the last decade, this region has experienced a powerful diverse anthropogenic and technogenicimpact, which has led to significant negative changes in aquatic and terrestrial ecosystems. The role of the state in the regulation of environmental management and environmental protection.


Sign in / Sign up

Export Citation Format

Share Document