Environmental Court and Principle of Good Environmental Governance in Enforcing Environmental Law

This research aims to find out how environmental law enforcement regarding waste management is implemented as a form of implementing the principles of good environmental governance (GEG) based on character values. This research uses a normative juridical research method with a type of approach, namely a statutory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials, obtained by conducting literature studies. The research results show that waste management is currently still an unresolved problem. There are several laws and regulations that have a correlation with waste management in Indonesia, namely Law no. 32 of 2009 concerning Environmental Protection and Management and several other laws. Law enforcement in waste management refers to 3 legal systems which are a combination of components, namely structure, substance and culture. Regulations regarding environmental law enforcement regarding waste must also apply character values, so that the goal of environmental law enforcement can be achieved, namely creating a sustainable environment in order to achieve a just, orderly, prosperous and characterized society. Apart from that, related to law enforcement in waste management, it can be studied from 2 sides, namely preventive and repressive law enforcement. Law enforcement in waste management is also an embodiment of the government and local governments in implementing the principles of Good Environmental Governance with the aim of raising public awareness of a good and healthy environment.

Besides the general principles of good governance (AAUPB) as a measuring instrument for adjudicating cases in the context of environmental administration disputes, there is also In Dubio Pro Natura principle. This study aims to describe the concept and the implementation of In Dubio Pro Natura principle as one of the particular principles known in environmental disputes. To analyze these legal issues, this study will explain the definition and scope of In Dubio Pro Natura principle and how it is applied in the environmental administration case process. This study is important considering that the largest part of environmental law is administrative law so that the Administrative Court plays a major role in the environmental law enforcement process. A complete understanding of the concept of In Dubio Pro Natura principle can influence the process of environmental administration law enforcement by the Administrative Court. The result of this study concludes that In Dubio Pro Natura principle is understood as a concept as well as a guide for judges in examining, deciding, and resolving environmental disputes. If there are judge's doubts whether in scientific uncertainty or legal uncertainty, then judges must side with the interests of the environment (pro natura). This principle also aims to maximize the existence of scientific evidence and competent environmentalists at the proof stage and make a legal invention by applying the principles of environmental policy.

Objectives: This study examines the challenges facing environmental law enforcement in Indonesia, particularly in achieving environmental justice. Theoretical Framework: This research is based on environmental justice theory, which emphasizes fair treatment and meaningful involvement of all people in environmental law and policy. Additionally, the principles of sustainable development and constitutional mandates for environmental protection serve as the foundation for analyzing Indonesia's legal framework and its alignment with Sustainable Development Goals (SDGs), particularly SDG 13 and SDG 16. Method: This study uses a normative legal research approach, analyzing relevant laws, regulations, legal principles, and universal environmental management frameworks to assess Indonesia's current environmental legal structures and the necessity of an Environmental Court. Results and Discussion: The establishment of an Environmental Court is proposed as a solution to address Indonesia’s environmental law enforcement issues. This court would provide a legal forum for environmental disputes, promoting community access to justice and enhancing public participation in environmental protection. Aligned with SDG 16 (Peace, Justice, and Strong Institutions) and SDG 13 (Climate Action), the court would uphold the constitutional right to a healthy environment, reinforcing Indonesia’s commitment to sustainable development and strengthening its legal framework for environmental justice. Research Implications: The study suggests that a dedicated Environmental Court could fill a crucial gap in Indonesia’s environmental governance structure. Originality/Value: This research contributes original insights by proposing the establishment of an Environmental Court in Indonesia, a concept not yet fully explored in existing literature.

The occurrence of environmental pollution and damage requires repressive efforts in the form of law enforcement using instruments or criminal sanctions to force legal subjects to comply with environmental laws and regulations. Environmental civil servant investigators (PPNS) have an essential role in their authority to enforce environmental law. This research aimed to explain the state of the implementation of the role of PPNS in the work area of the Regional III Section Office - Center for Environmental and Forestry Law Enforcement and Enforcement (BPPHLHK) Sumatra Region in supporting environmental law enforcement and to find out what factors influence the role of PPNS in environmental law enforcement. The role of PPNS in enforcing environmental law in the working area of Section III Palembang - BPPHLHK Sumatra Region has been following Law Number 32 of 2009. Still, there is no standard operating procedure standard that can be used as a professional guide in implementing environmental law enforcement and measuring the effectiveness of the PPNS role. Factors that influence the role of PPNS in environmental law enforcement include legal factors, law enforcement officers, facilities and infrastructure, society and culture, and organization.

The Administrative Court is a judiciary body with the competence to exercise external control over government legal actions to protect the rights of a good and healthy environment. The research aims to know the role of the Administrative Court in giving ecojustice and the embodiment of principles of good environmental governance. This is normative legal research using primary and secondary data. Judge verdict in Administrative Court decides dispute concerning environmental permission was based on environmental purposes and principles of good environmental governance. The principle of society participation has been implemented in some municipalities; it can be seen in the local regulations made by the Regent or Mayor. Although it was not perfectly executed, it was still a step forward in local government. Obstacles arise from the need for more knowledge and awareness about environmental protection and system of management by the officer and society.

The implementation of state administrative law is presently undergoing considerable changes due to modifications in environmental law regulations. A significant alteration is the shift from a business license framework to a business approval framework, which has generated ambiguity in environmental law enforcement, particularly incorporating ecological approvals under the purview of disputes in the State Administrative Court (PTUN). This alteration presents new difficulties in ascertaining the authority of the PTUN and the interpretation of environmental legislation within the framework of state administration. This study employs a qualitative research methodology utilizing two primary approaches: the literature approach and the legal approach. The literature approach examines several academic sources, journals, books, and legal documents pertinent to the evolution of the corporate licensing and approval system and its implementation in environmental law. This literature study elucidates the theoretical framework and legal advancements pertinent to ecological conflicts in the PTUN. The legal analysis involves scrutinizing relevant laws and regulations, particularly state administrative and environmental law, including Law No. 30 of 2014 on Government Administration and Law No. 32 of 2009 on Environmental Protection and Management. The study's findings indicate that transitioning from a business licensing system to a business approval system has generated ambiguity within PTUN authority, particularly on environmental approvals. The State Administrative Court, as a crucial judicial body under the Supreme Court, possesses autonomy in adjudicating administrative disputes and plays a key role in the enforcement of environmental law. Yet, this alteration necessitates a more explicit elucidation of environmental and state administrative law interplay. This article seeks to examine the function of the PTUN within the Indonesian legal system concerning the enforcement of environmental law and to provide solutions for addressing the issues stemming from this regulatory alteration.

Ill fitting legal shoes pinch citizen’s foot. Chinese Proverb Never ask of money spent where the spender thinks it went. Nobody was ever meant to remember or invent what he did with every cent. Robert Frost There is a sense in which discussions of public law and debates about budgeting have a good deal in common. Both budgets and law are essential to the task of public administration. Without legal authority and budgetary resources, agencies cannot function. Indeed, without legal authority they do not even exist, and without financial resources they exist in name only. Cooper, Phillip J (1999) ‘Courts and Fiscal Decision Making’, in: Handbook of Government Budgeting (San Francisco: Jossey‐Bass) p 502. In a global environment of emerging trading blocs, it is imperative for small island states to pay attention to the adequacy of a major plank of a country’s financial infrastructure viz, the public financial management system. For the purposes of this paper, the components of this system are considered...

Law enforcement to protect the environment as lay in Act Number 32 Year 2009 of Protection and Management of Environment, can be make from administrative, penal and private law. Government that includes legislative, executive and judicative has role and responsibility to perform welfare for citizen. The administrative lawsuit goes to Administrative Court, follows the Act Number 5 Year 1986 of Administrative Court for procedural process. This research based on normative legal research, which is descriptive analysis. Also using conceptual and statute approach, and research data used are literature and secondary data. The good understanding of principle of good environment, become important for judge and government to do their duties to protect the environment. Judge has an important role in law enforcement due to protection of environment, by using judicial activism. Through judge’s verdict, judge has to conceive wisely the importance of environment and the principle of good environment governance. Government should be based on environment ethic as a guidance to make, prepare the regulations, permissions due to protection of environment. Antroposentris and biosentris approach might be used to prepare the green regulations and green permissions.

In addition to examining the evolution of democracy under the rule of law from the standpoint of environmental law enforcement in Indonesia, the purpose of this study is to identify the elements of environmental management law enforcement in Indonesia and the administrative penalties associated with environmental law enforcement. The research methodology in this study takes a legal perspective. Descriptive-analytic research methodology is employed. Since Indonesia is a state of law, including environmental law enforcement, descriptive analysis with a qualitative approach was employed as the data analysis method in this study. Administrative penalties are one way that environmental laws are enforced. Legal penalties known as administrative sanctions are those that authorities of the government can apply without first bringing charges against people or organizations that break environmental administrative legislation. The primary purpose of administrative sanctions is to serve as a tool for controlling illegal activity. According to the organic state theory, the state has controlled the application of administrative sanctions in order to control every action and/or enterprise in the environmental sector, as seen from the standpoint of environmental management legislation enforcement in Indonesia. Prevent negative effects on the environment, such as pollution and/or environmental harm. Legal penalties known as administrative sanctions are those that authorities of the government can apply without first bringing charges against people or organizations that break environmental administrative legislation. The primary purpose of administrative sanctions is to serve as a tool for controlling illegal activity. According to the organic state theory, the state has controlled the application of administrative sanctions in order to control every action and/or enterprise in the environmental sector, as seen from the standpoint of environmental management legislation enforcement in Indonesia. Prevent negative effects on the environment, such as pollution and/or environmental harm.

This article will discuss "Implementation of Environmental Law Enforcement in Improving the Effectiveness of Environmental Protection and Management". In this study, using qualitative methods with a literature study approach as a research method. The results in this study show that environmental law enforcement is crucial in ensuring effectiveness in environmental protection and management efforts. The success of Law Number 32 of 2009 depends on its implementation and enforcement. Law enforcement acts as a driver or driver for laws and regulations. Although still faced with various challenges in an effort to improve the effectiveness of environmental protection and management, There are also several factors and strategies that are expected to achieve these goals, including socioeconomic and political factors, legal factors, institutional factors, internal factors, special factors, individual officer factors, law enforcement factors, supporting facilities or facilities, community factors, and cultural factors. Then, some environmental law enforcement strategies such as strict law enforcement, Strengthening existing environmental regulations by developing new regulations that are more effective in overcoming environmental problems, providing training to law enforcement officials, applying innovative technology in environmental law monitoring and enforcement, and cooperation between the government, law enforcement agencies, civil society, and the private sector is a crucial aspect of environmental law enforcement strategies.

Background and Aims: School administration based on the principles of good governance is an approach that emphasizes transparency, accountability, and participation in educational management, aiming to enhance the quality and efficiency of schools. The Sisaket Primary Educational Service Area Office 1 has implemented good governance principles in school administration to promote fairness and sustainably respond to the needs of the community. The objectives of this research were to: (1) study the administration of educational institutions based on the principles of good governance under the Sisaket Primary Educational Service Area Office 1; (2) compare the administration of educational institutions based on the principles of good governance under the Sisaket Primary Educational Service Area Office 1, classified by school size and work experience; and (3) explore approaches to promoting the administration of educational institutions based on the principles of good governance under the Sisaket Primary Educational Service Area Office 1. Methodology: The sample group used in this research consisted of teachers and staff in basic educational institutions under the Sisaket Primary Educational Service Area Office 1 for the academic year 2024, totaling 320 individuals. The sample size was determined according to the table of Krejcie and Morgan, and the group was selected using cluster sampling. The research instrument was a 5-point Likert scale questionnaire, which yielded a content validity index ranging from 0.888 to 0.895, and the overall reliability coefficient of the questionnaire was 0.890. The statistical methods used for data analysis included frequency, percentage, mean, standard deviation, t-test, and F-test. Results: The research findings revealed that: (1) the administration of educational institutions based on the principles of good governance under the Sisaket Primary Educational Service Area Office 1, both overall and in each specific area, was at a high level; (2) the administration of educational institutions based on the principles of good governance under the Sisaket Primary Educational Service Area Office 1, classified by school size, showed no significant differences, while classification by work experience revealed statistically significant differences at the 0.05 level; and (3) the approaches to promoting the administration of educational institutions based on the principles of good governance under the Sisaket Primary Educational Service Area Office 1 consisted of six areas: (1) the principle of ethics, (2) the principle of rule of law, (3) the principle of transparency, (4) the principle of participation, (5) the principle of fairness, and (6) the principle of efficiency. Conclusion: The administration of educational institutions based on the principles of good governance emphasizes transparency and accountability in decision-making, prioritizing the participation of all stakeholders and resource efficiency. Adherence to ethical principles and the rule of law helps build trust and credibility in the management process. Therefore, applying the principles of good governance is a crucial tool for developing educational quality and effective management.

This study evaluates the application of the principles of clean and good governance by the General Election Commission (KPU) in the implementation of the 2024 Election. Although the KPU is expected to be able to hold transparent, accountable, and participatory elections, the practice still faces a variety of significant challenges. The problem of managing the Permanent Voter List (DPT), uneven distribution of logistics, and the practice of money politics are the main obstacles in achieving this goal. This study uses a normative juridical approach to analyze the extent to which the principles of good governance are applied and their impact on the quality of election implementation. The results of the analysis show that despite progress in voter participation, structural and technical challenges still need to be addressed to improve election integrity. Therefore, reforms are needed in the election process to ensure that the principles of good governance are effectively integrated, in order to achieve better elections with integrity.

Enforcement of Environmental Law consists of Enforcement of Environmental Administrative Law, Enforcement of Civil Environmental Law, and Enforcement of Criminal Environmental Law in accordance with Law No. 32 of 2009 concerning Environmental Protection and Management. Law Enforcement Environmental Administration requests that those who reject the law or not meet the requirements, stop or approve the original situation (before there is a conflict). Enforcement of Civil Environmental Law is the second law enforcement effort after administrative law because it only focuses on efforts to compensate victims for environmental pollution or damage. Criminal Law Enforcement receives an ultimum remedium or final legal remedy because law enforcement here is intended to cancel a security court or a fine for those who try to pollute and / or destroy the environment. Introductory discussion with dialogue, with work procedures to support the methods offered are lectures / discussions and dialogues conducted according to the schedule requested in accordance with partner requests for improvement in the discussion of program time. In this service program, it will produce scientific articles in accordance with the proposed activity plan, while for partners is knowledge about partners is knowledge about environmental law enforcement for the community of Lembah Sari.

Waste management is still an unresolved problem. This study aims to examine problems in waste management in the city of Denpasar. This research is empirical legal research with a statutory approach. Data was collected with primary and secondary data and then analyzed qualitatively. Several laws and regulations correlate with waste management in Indonesia, namely Law No. 18 of 2008 concerning Waste Protection and Management. Structure, substance, and culture are three legal systems combined to make up law enforcement in the waste management industry. Moreover, there are two perspectives on law enforcement in waste management: preventive law enforcement and repressive law enforcement. To increase public awareness of a good and healthy environment, law enforcement in waste management also embraces the principles of Good Environmental Governance of the federal and municipal governments. The study results show that the Denpasar City Government already has mentoring rules regarding waste management. However, waste management based on good environmental governance in Denpasar City has not been effective. This is because the community and the lack of public awareness of healthy living still commit many violations. Thus, the government still needs to improve and increase the regulation and supervision of waste management in Denpasar City.

The enforcement of environmental law in Indonesia shows a contradictory nature. The exploitation of natural resources by corporations has caused unparalleled disasters. Yet, the perpetrators, especially those corporations who work in collective, are rarely able to be persecuted. This research aims to examine the obstacles to environmental law enforcement in Indonesia and analyze the ideal environmental law enforcement model for future use. This research uses a qualitative approach which examines the concepts related to the ideal law enforcement for the future (ius constituendum). Our examination finds that there are three main obstacles in enforcing environmental law in Indonesia: the inability to deal with corporations which have strong political backing, overlapping authorities in the process of crime investigation, and difficulties faced by law enforcement officers in finding evidence. In light of these findings, we propose a model of legal protection for victims of pollution and/ or environmental destruction using the principle of restorative justice. In this model, judges can represent facilitators from the state for the initial stage. The value of this model is that rather than only pursuing punishment for the perpetrators, it shifts the focus towards providing compensation for the victims by the perpetrators.