Abstract
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.
Highlights
In the Constitution of Republic of Indonesia 1945, Article Number 28H stated that everyone has rights of good and health environment
Previous research about administrative sanctions in law enforcement which had been done by Grahat Nugraha and Andri Gunawan Wibisana has find out that there is no common understanding among the regulations related to environment
The statutes are regulations relates with the problems, i.e Act Number 5 Year 1986 of Administrative Court and its amendments, Act Number 32 Year 2009 of Protection and Management of Environment, Act Number 48 Year 2009 of Judicial Power
Summary
In the Constitution of Republic of Indonesia 1945, Article Number 28H stated that everyone has rights of good and health environment. Previous research about administrative sanctions in law enforcement which had been done by Grahat Nugraha and Andri Gunawan Wibisana has find out that there is no common understanding among the regulations related to environment. This is an important matter, since government has an authority to make regulations based on society oriented. The statutes are regulations relates with the problems, i.e Act Number 5 Year 1986 of Administrative Court and its amendments, Act Number 32 Year 2009 of Protection and Management of Environment, Act Number 48 Year 2009 of Judicial Power
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