scholarly journals Implikasi Omnibus Law Terhadap Hak Konstitusional Atas Lingkungan Hidup Yang Sehat

2021 ◽  
Vol 18 (1) ◽  
pp. 195
Author(s):  
Ahmad Gelora Mahardika

One of the goals of the formation of the omnibus law is to increase the index of ease of doing business in Indonesia, which is currently far behind other countries. One effort that was then carried out by the government was to cut down a number of permits, one of which was an environmental permit, namely the obligation to complete EIA and UKL-UPL documents. However, this regulation is actually contradictory to the spirit of sustainable development (SDGs) which development must be in line with environmental protection. The action also has the potential to violate Article 28H paragraph (1) of the 1945 Constitution which requires the state to ensure the protection of citizens' constitutional rights to a clean and healthy environment. Especially in countries that have the highest business ease indexes, such as Denmark, South Korea and the United States, the issuance of EIA documents is mandatory and is carried out strictly. Therefore this article will try to look at the implications of the omnibus law for citizens' constitutional rights to a clean and healthy environment.

10.2196/20634 ◽  
2020 ◽  
Vol 22 (8) ◽  
pp. e20634 ◽  
Author(s):  
Abrar Al-Hasan ◽  
Dobin Yim ◽  
Jiban Khuntia

Background Social distancing is an effective preventative policy for the coronavirus disease (COVID-19) that is enforced by governments worldwide. However, significant variations are observed in following the policy across individuals and countries. Arguably, differences in citizens’ adherence actions will be influenced by their perceptions about government’s plans and the information available to guide their behaviors—more so in the digital age in the realm of mass influence of social media on citizens. Insights into the underlying factors and dynamics involved with citizens’ adherence process will inform the policy makers to follow appropriate communication and messaging approaches to influence citizens’ willingness to adhere to the recommendations. Objective The aim of this study is a comparative evaluation of citizens’ adherence process to COVID-19–relevant recommendations by the government. The focus is on how three different countries’ (United States, Kuwait, and South Korea) citizens, randomly sampled, respond to governments’ pandemic guidance efforts. We draw insights into two categories of perceived government roles in managing the pandemic: (1) citizens’ perceptions of government’s role in responding to the pandemic and (2) citizens’ perceptions of government’s business reopening efforts. Undoubtedly, the internet and social media have burgeoned, with differing effects on shaping individuals’ views and assessments of the COVID-19 situation; we argue and test for the effects of information sources, social media use, and knowledge on the adherence actions. Methods We randomly sampled web-based survey data collected by a global firm in May 2020 from citizens of the United States, Kuwait, and South Korea. A nonlinear ordered probit regression, controlling for several counterfactuals, was used for analysis. The focal estimated effects of the study were compared across countries using the weighted distance between the parameter estimates. Results The total sample size was 482 respondents, of which 207 (43%) lived in the United States, 181 (38%) lived in Kuwait, and 94 (20%) lived in South Korea. The ordered probit estimation results suggest that overall, perception of government response efforts positively influenced self-adherence (P<.001) and others’ adherence (P<.001) to social distancing and sheltering. Perception of government business reopening efforts positively influenced others’ adherence (P<.001). A higher intensity of general health information source for COVID-19 had a positive effect on self-adherence (P=.003). A higher intensity of social media source use for COVID-19 positively influenced others’ adherence (P=.002). A higher intensity of knowledge on COVID-19 positively influenced self-adherence (P=.008) and negatively influenced others’ adherence (P<.001). There were country-level variations—broadly, the United States and Kuwait had better effects than South Korea. Conclusions As the COVID-19 global pandemic continues to grow and governmental restrictions are ongoing, it is critical to understand people’s frustration to reduce panic and promote social distancing to facilitate the control of the pandemic. This study finds that the government plays a central role in terms of adherence to restrictions. Governments need to enhance their efforts on publicizing information on the pandemic, as well as employ strategies for improved communication management to citizens through social media as well as mainstream information sources.


Author(s):  
Chung-In Moon

This chapter looks at South Korea's response to the rise of China. It establishes South Korea's growing dependence on the Chinese economy and its growing cooperation with China to manage North Korean belligerence. The rise of China creates strategic pressure on South Korea both to accommodate Chinese interests and to maintain defense cooperation with the United States, and that this policy challenge is exacerbated by politically significant anti-Japanese nationalism in South Korea. The result has been significant South Korean policy instability. The policy swings in South Korea's maneuvering between the United States and China from the government of Roh Moo-hyun to that of Lee Myung-bak and then to Park Geun-hye reveal the difficulty that great power competition during a power transition imposes on a small country.


Author(s):  
Adam Chilton ◽  
Mila Versteeg

How Constitutional Rights Matter explores whether constitutionalizing rights improves respect for those rights in practice. Drawing on global statistical analyses, case studies in Colombia, Myanmar, Poland, Russia, and Tunisia, and survey experiments in Turkey and the United States, this book advances three claims. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected in practice. For rights to matter, rights violations need to be politically costly, which can happen when citizens mobilize against governments that encroach upon their rights. Successfully resisting the government, however, is no small feat for unconnected groups of citizens, and governments can often get away with constitutional rights violations. Second, some rights are more likely to be enforced than others. The reason is that some rights come with natural constituencies that are able to mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, or “organizational rights,” such as the rights to religious freedom, unionize, and form political parties. Because religious groups, trade unions, and political parties are highly organized, they are well equipped to use the constitution to resist rights violations. Indeed, we find that these organizational rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, usually lack constituencies to enforce them, which makes it easier for governments to violate them. Third, even highly organized groups armed with the constitution face an uphill battle. Although such groups may be able to successfully resist repressive practices, they often can only delay governments that are truly dedicated to rights repression.


1995 ◽  
Vol 1995 (1) ◽  
pp. 255-260
Author(s):  
Amy M. Stolls

ABSTRACT Vessel owners and operators doing business in the United States know by now that simply complying with federal laws and regulations is not enough. Though some states have enacted legislation similar to the federal Oil Pollution Act of 1990, others have their own approach to environmental protection. This paper reviews the patchwork of U.S. coastal state requirements with regard to vessel liability and financial responsibility.


Author(s):  
Reiji Suda

AbstractThis report uses the SIQR model proposed by Takashi Odagaki to examine the epidemic trend of COVID-19 in nine major countries during February-May 2020, and to clarify the peculiar trend of infection in Japan. The SIQR model, which is an improvement on the conventional SIR model, is unique in that it allows us to theoretically clarify the epidemic phenomenon by separating the number of daily confirmed new cases by testing and the number of infecteds at large who remain untested, and also allows us to theoretically consider measures to control the epidemic. The infection control measures of each country were analyzed by dividing them into three groups according to the size of the decay (or growth) rate of infected at large (λ). The active group includes China and South Korea, the passive group includes the United States and Sweden, and the average group includes Germany, Italy, France, Spain, and Japan. China and South Korea are the countries with the best testing and quarantine systems, and South Korea in particular having managed to contain the infection without lockdown through early quarantine by thorough testing. On the other hand, the United States and Sweden do not have a well-developed inspection and quarantine system and have shown little restraint in social distancing. In the case of Japan, the following special factors may have contributed to the extreme lack of PCR testing : (1) The “4-day fever rule” established by the Ministry of Health, Labour and Welfare was strictly enforced. (2) Even after the decision to postpone the Olympics, the government continued to monopolize PCR testing for the sake of unified analysis of infection data, and the policy of expanding PCR testing by private companies was not implemented.


Author(s):  
Ma. Jestine Mendoza

The #MeToo movement is one of the most prominent feminist social movements in recent history. Its success exposed the prevalence of sexual harassment in several countries. Although it started in the United States, there are versions of #MeToo in countries such as South Korea. This paper compared the #MeToo movement in the United States and in South Korea through the examination of hashtags and collective action frames that encouraged women to speak out. By evoking messages of empathy, empowerment, and solidarity, #MeToo was able to garner widespread support. Moreover, this paper examined the different factors that will contribute to #MeToo’s sustainability in both countries. These factors include policies that aim to address sexual harassment, legal actions against perpetrators, and other efforts that aim to change the culture of sexism. However, the political and cultural differences between the two countries may result in varying degrees of sustainability. In the United States, policy reforms were introduced because of #MeToo. High-profile cases of sexual harassment were also resolved through the imprisonment of perpetrators. South Korea’s #MeToo led to similar successes, such as receiving support from the government to tackle sexual harassment. This paper finds that the #MeToo movement in the United States is more sustainable due to the policies and legislations that the movement influenced. South Korea has yet to create policies that aim to protect women from sexual harassment. Furthermore, the paper finds that policy and legal reforms are more sustainable because they signify the institutionalization of #MeToo’s main goal of protecting women and providing justice to victims of sexual abuse.


2021 ◽  
Vol 12 ◽  
Author(s):  
Giovanni A. Travaglino ◽  
Chanki Moon

The coronavirus COVID-19 pandemic is an unprecedented health crisis. Many governments around the world have responded by implementing lockdown measures of various degrees of intensity. To be effective, these measures must rely on citizens’ cooperation. In the present study, we drew samples from the United States (N = 597), Italy (N = 606), and South Korea (N = 693) and examined predictors of compliance with social distancing and intentions to report the infection to both authorities and acquaintances. Data were collected between April 6th and 8th 2020. We investigated the role of cultural orientations of horizontal and vertical individualism and collectivism, self-conscious emotions of shame and guilt related to the infection and trust in the government’s action. Across all countries, vertical collectivism (VC) predicted stronger shame, whereas horizontal collectivism predicted stronger trust in the government. Only in the United States, VC was associated with stronger trust. Stronger feelings of shame predicted lower compliance and intentions to report the infection to both authorities and acquaintances. In contrast, guilt was associated with stronger intentions to report the infection to the authorities. Finally, trust was associated with stronger compliance and intentions to report the infection to the authorities. Unlike Italy and South Korea, the association between trust on compliance was not statistically significant in the United States, implications of the findings, and directions for future research are discussed.


2020 ◽  
Vol 2 (2) ◽  
pp. 67-86
Author(s):  
L. I. Broslavsky

Introduction: The article discusses one of the essential problems the global community faces that demands international solutions – environmental protection. Environmental policies have become one of the important government functions in industrialized countries, and are needed to be carried out by all branches of power. The judicial branch is one of them. Theoretical Basis. Methods. The theoretical basis of the research is the works of scientists of the political and legal systems of Russia and the United States. The author used a comparative analysis of Russian and American court practices relating to environmental protection. Results. There are two separate and parallel court systems in the United States, Federal and State. US environmental law includes statutes and regulations (written laws by legislative and executive branches) and common law (precedent law through judicial decisions). The structure and practice of the American court systems is of interest and potential use to Russian scholars and professionals. Discussion and Conclusion. Legal actions in court are essential to ensure compliance with the law, environmental protection, and safeguarding of the constitutional right of citizens to live in a safe and healthy environment as an indispensable part of the quality of life.


2020 ◽  
Vol 15 (1) ◽  
pp. 21-38
Author(s):  
Victor Tulus Pangapoi Sidabutar

The transportation sector is now starting to shift from using fossil fuels to electricity that is more environmentally friendly because this sector contributes the most greenhouse gas emissions. The development of the use of electric vehicles is growing rapidly with the largest market is China followed by Europe and the United States. The development of electric vehicles is very dependent on the policies issued by the country. Indonesia desires to be one of the centers of the world's electric vehicle industry and for that, it must pay attention to challenges in terms of cost, standards, power generation, incentive assistance, communication security, and a framework for integration. In addition to this, if Indonesia wants to attract investors, it must pay attention to infrastructure readiness, ease of doing business, government policies, and research and development.


Sign in / Sign up

Export Citation Format

Share Document