scholarly journals Political Law on the Environment: The Authority of the Government and Local Government to File Litigation in Law Number 32 Year 2009 on Environmental Protection and Management

Resources ◽  
2018 ◽  
Vol 7 (4) ◽  
pp. 77 ◽  
Author(s):  
Nurul Listiyani ◽  
M. Yasir Said

The construction of legal norms concerning the government’s right to file litigation for compensation in Article 90 paragraph (1) of Law No. 32 Year 2009 on Environmental Protection and Management (hereafter referred to as UUPPLH) is very important. However, Article 90 paragraph (1) of UUPPLH raises legal problems in the form of obscurity of norms, regarding the basis that underlies government institutions’ and regional governments’ authority to file claims for compensation. The first hypothesis believes that most of the environmental problems are caused by the ineffectiveness of supervision by the government itself. This research focuses on studying the government’s right to file litigation as a law enforcement effort in the natural resources sector. The method used in this research is normative juridical, which comprehensively assesses the norms regulated by the government’s authority on the environment. The result of the study shows that the legal rights of the government can be utilized to claim civil liability in the form of compensation for ecosystem losses. Constitutionally, the legal basis of the government’s right to file litigation is the State’s right to control the earth, water, and natural resources as regulated in ground norm Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. However, to enforce article 90, the government needs to realize that supervision is the key element of preventive measures.

PRANATA HUKUM ◽  
2021 ◽  
Vol 16 (01) ◽  
pp. 13-25
Author(s):  
Anggalana ◽  
Dery Putra ◽  
Chandra Reformasi

Indonesia is a country rich in natural resources. Therefore, the Government isexpected to be able to manage these natural resources with the aim of people's welfare in accordance with the mandate of the Constitution of the Republic of Indonesia 1945 as stipulated in Article 33 paragraph (3) which reads "The Earth, water and natural resources contained therein are controlled by the state and used for the greater prosperity of the people ". Article 3 of Law Number 4 Year 2009 concerning Mineral and Coal Mining provides guidelines for the government in the implementation of mining business activities and to support the implementation of licensing of mining business activities. The issue of how to implement the granting of exploration mining business licenses based on Article 3 of Law No. 4 of 2009 on Mineral and Coal Mining in Lampung Province and how to supervise mining business activities in Lampung Province. The method used uses normative and empirical juridical research. The implementation of the granting of exploration mining business licenses based on Article 3 of Law No. 4 of 2009 on Mineral and Coal Mining in Lampung Province has been running but not yet maximal because the permit process is too long so that the purpose of the implementation of mining business activities is not achieved. The suggestion is that the license for exploration mining activities must be carried out by one government agency / agency, in order to facilitate the process of obtaining the permit in order to support the effectiveness of mining activities and the cycle of domestic mining investment, especially in Lampung Province.


2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.


Author(s):  
Marcelo Augusto Totti ◽  
Vitor Machado

Este texto pretende discorrer sobre o pensamento de Alberto Torres, um dos mais importantes precursores do pensamento sociológico brasileiro, que viveu o momento da implantação da República (1889), dedicando-se a pensar temas relacionados a educação. Por conta da sua biografia política e intelectual, esteve preocupado com problemas que até então a intelectualidade brasileira não se importava em discutir. Tais problemas giravam em torno da defesa do meio ambiente e da necessidade em demonstrar a importância em se educar o homem do campo, para que ele pudesse proteger e resguardar os recursos naturais provenientes da terra. Procuramos demonstrar também que as ideias de Alberto Torres contribuíram de forma significativa para a origem do Ruralismo Pedagógico.Palavras-chave: Alberto Torres. Ruralidade. Ruralismo pedagógico. AbstractThe thought of Alberto Torres and rural education in Brazil: contributions to the emergence of educational ruralismThis paper intends to discuss the thought of Alberto Torres, one of the most important precursors of the Brazilian sociological thought, who lived the moment of the Republic establishment (1889), devoting himself to think about topics related to education. On account of his political and intellectual biography, he was concerned with problems that the Brazilian intellectuality did not care to discuss yet. Suchproblems revolved around the defense of the environment and the need to demonstrate the importance of educating the farmer, so that he could protect and safeguard the earth natural resources. We also demonstrate that the ideas of Alberto Torres contributed significantly to the origin of Educational Ruralism.Keywords: Alberto Torres. Rurality. Educational ruralism. ResumenPensamiento de Alberto Torres y educación rural en Brasil: contribuciones a la aparición de ruralismo educativoEste trabajo tiene como objetivo discutir el pensamiento de Alberto Torres, uno de los precursores más importantes del pensamiento sociológico brasileño, que vivió el momento de la creación de la República (1889) , dedicándose a pensar en temas relacionados con la educación. A causa de su biografía política e intelectual, estaba preocupado con los problemas que hasta ahora la intelectualidad brasileña no le importaba que discutir. Tales problemas voceaban en torno a la defensa del medio ambiente y la necesidad de demostrar la importancia de educar al agricultor, por lo que podrían proteger y preservar los recursos naturales de la tierra. También trató de demostrar que las ideas de Alberto Torres contribuyeron significativamente al origen del Pedagógico ruralismo.Palabras-clave: Alberto Torres. Asuntos rurales. Ruralismo pedagógico. Revisor do inglês: Prof. Ms. Wellington da Silva OliveiraRevisor do espanhol: Prof. Lilian de Souza


2015 ◽  
Vol 27 (1) ◽  
pp. 53-62
Author(s):  
Jerzy Lewitowicz ◽  
Stefan Rutkowski ◽  
Ryszard Tomaska ◽  
Andrzej Żyluk

Abstract Civilization is a state of human society during a particular period of time, conditioned with the degree to which the humans are able to control the nature; the total of already collected material goods, means of production and exploitation, suitable skills (know-how), and social institutions. It is processes of exploitation of engineered objects and natural resources of the Earth that closely and directly relate the economy, safety (widely understood) and environmental protection. Nowadays, as the development of technology has become a hectic process, too little attention is paid to safety. People die. The above outlined considerations can be summarized in the form of the following conclusion: Exploitation is an area that covers the art of many and various activities. It is a philosophy that puts all the fields of knowledge together. Therefore, it should be considered a separate line of science.


Author(s):  
Ахметкали Шаймуханов

В статье рассматриваются и анализируются некоторые положения действующего оперативно-розыскного законодательства Республики Казахстан. На основе сравнительного анализа и изучения юридической литературы поднимаются проблемы, возникающие в правоприменительной деятельности при реализации отдельных положений закона. Автором вносятся предложения и рекомендации по совершенствованию правовых норм, направленные на решение задач, связанных с профилактикой, предупреждением и пресечением наиболее опасных уголовных преступлений. Мақалада Қазақстан Республикасының қолданыстағы жедел-іздестіру заңнамасының кейбір ережелері талқыланып, талданған. Салыстырмалы талдау және заң әдебиеттерін зерттеу негізінде заңның белгілі бір ережелерін жүзеге асыру кезінде құқық қорғау органдарында туындайтын проблемалар көтеріледі. Автор аса қауіпті қылмыстық құқық бұзушылықтардың алдын алуға, алдын алуға және жолын кесуге байланысты мәселелерді шешуге бағытталған құқықтық нормаларды жетілдіру бойынша ұсыныстар мен ұсыныстар енгізеді. The article discusses and analyzes some of the provisions of the current operational-search legislation of the Republic of Kazakhstan. Based on comparative analysis and study of legal literature, the problems arising in law enforcement activities in the implementation of certain provisions of the law are raised. The author makes suggestions and recommendations for improving legal norms aimed at solving problems related to the prevention, prevention and suppression of the most dangerous criminal offences.


2021 ◽  
Vol 1 (3) ◽  
pp. 86-93
Author(s):  
Andriansyah Andriansyah ◽  
Endang Sulastri ◽  
Evi Satispi

Humans in meeting the needs of their lives need natural resources, in the form of land, water and air, and other natural resources that are included in renewable and non-renewable natural resources. However, it must be realized that the natural resources that humans need have limitations in many ways, namely limitations regarding their availability in quantity and quality. Certain natural resources also have limitations according to space and time. The government needs to take alternative steps to determine the potential and problems in the use of natural resources. The purpose of this study is to find out how the role of the government through its policies in managing the environment. This research uses the descriptive analysis method. The results of the study indicate that the creation of a fair and firm environmental law enforcement to manage natural resources and the environment in a sustainable manner with the support of quality human resources, the expansion of the application of environmental ethics, and socio-cultural assimilation are increasingly stable.


2020 ◽  
Vol 164 ◽  
pp. 11011 ◽  
Author(s):  
Van Anh Thi Duong ◽  
Lyudmila Pushkareva

Development society brings many benefits to people and also brings many challenges. Those challenges seriously affect sustainable economic development, the life and health of all people in society. At present, issues that the whole society has been facing are: hygiene, food safety, environmental pollution, new epidemics, and exhaust of natural resources as well as warming up of the earth... To limit and solve the aforementioned issues, it needs close cooperation and support from all people and enterprises. Every individual, every organization is a part of society. The development of each individual and each enterprise is also the development of society and vice versa. The rise of society will also have a positive impact on each member of it. Therefore, enterprises need to raise awareness about sustainable development and act responsibly with the community and society. It is necessary and useful not only for enterprises themselves but also for the whole society. In this thesis, the author focuses on addressing the following issues: Carrying out social responsibilities associated with environmental protection in order to sustainably develop of Vietnamese enterprises, thereby finding the causes and proposing solutions to help enterprises fulfill their social responsibilities and protect the green, clean and beautiful environment in accordance with the standards prescribed by the Law on Environment of Vietnam in 2014.


2020 ◽  
Author(s):  
Valeri Kotelnikov ◽  
Michail Krasilnikov ◽  
Elena Ryazanova ◽  
Rosa Chysyma

Abstract The world community is experiencing a pandemic of the COVID-19 virus and is looking for ways to solve the problems that have arisen due the spread of a new infection. The Tuvinian Institute for the Exploration of Natural Resources of the SB RAS does not stand aside from important work to combat the spread of the virus. We tried to analyze the available data for the Republic of Tuva, Russia and the world. In this work, we used data from the sites of stopcoronavirus.rf, worldometers.info, Yandex.com and others. For successful control of SARS-CoV-2, it is important to take preventive measures as early as possible and prepare medical institutions to combat the spread of the virus, which can be ensured by analyzing the previous development of the process and building a model for planning. The analysis is carried out using the mathematical apparatus of the normal distribution (Gauss), which, in our opinion, most closely describes the laws of the process.


2017 ◽  
Vol 6 (2) ◽  
pp. 173
Author(s):  
Muhammad Ridwansyah

The setting of environmental law in Indonesia has started to improve since the Law Number 32 of 2009 on Environmental Protection and Management contains criminal act for every person who violates the provisions. It is stated in Article 98, 99, 100. This research method is a library or literature research which is conducted to gather secondary data in the field of environmental law and fiqh al-bi’ah. This research is normative law research while the nature of this research is descriptive analysis. It aimed to give a systematic illustration on legal norms that was found in law number 32 of 2009 and environmental fiqh accurately and the criminal sanctions review used in both arrangements. In this study there were two questions first, how is the arrangement of criminal act in Law No. 32 of 2009 on Environmental Protection Management. The second is whether the concept of fiqh al bi’ah is in line with Law No. 32 of 2009 on Environmental Protection Management. The result from this study is that the criminal act contained in the Law No. 32 of 2009 on Environmental Protection Management has not been enough to trap the environmental destroyer so that the government is expected to revise the unsuitable articles. Furthermore, the result of this research shows the similarity concept between fiqh al bi’ah and environmental governance in Indonesia. The concept offered by fiqh al bi’ah is a part of maqashidul syari’ah where Islam strongly recommended to maintain the environment. Keywords: environment, Fiqh Al-Bi’ah, Maqashidul Syari’ah


Author(s):  
Aram Ayvazyan

The Decision of the Government of the Republic of Armenia No 1332-N of 3 October 2019 on Confirmation of the Anti-Corruption Strategy of the Republic of Armenia and its 2019-2022 Action Plan have been studied in the article recognizing its importance in the scope anti-corruption policy implemented by state authorities of the Republic of Armenia. In parallel, some theoretical and law enforcement issues of Plan have been revealed and specific proposals have been made to solve or counteract them as much as possible.


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