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  • Open Access Icon
  • Research Article
  • Cite Count Icon 1
  • 10.25041/aelr.v4i2.2971
The Role of Environmental Legal Instruments and Government Policies in Realizing Sustainable Development in Indonesia
  • Sep 1, 2023
  • Administrative and Environmental Law Review
  • Muhammad Rahjay Pelengkahu + 1 more

The increasing human needs have encouraged massive development in various countries, both developing and developed countries. in its progress, a development that is often carried out intersects with the environment. Also, various cases of pollution and environmental destruction due to development have been rampant. Therefore, a new paradigm in development is needed, which is contained in the concept of sustainable development. However, this requires the role of environmental law and government policies so that the goals of sustainable development can be realized. Sustainable development has the aim of balancing economic interests and environmental conservation so that the current development does not have a negative impact on future generations of humans. In general, the government has three types of policies in the environmental sector, namely, policies that are preemptive, preventive, and proactive. The writing of this law refers to a qualitative approach with a qualitative descriptive type of research. Through this research method, it is hoped that this legal writing will explain the role of law and government policy in realizing sustainable development in Indonesia. research results show The goal of sustainable development is to realize the development and utilization of natural resources to improve the quality of human life, without compromising the welfare of future human generations.

  • Open Access Icon
  • Journal Issue
  • 10.25041/aelr.v4i2
  • Aug 31, 2023
  • Administrative and Environmental Law Review

  • Open Access Icon
  • Research Article
  • Cite Count Icon 1
  • 10.25041/aelr.v4i2.2992
What are the Forms and Obstacles of Community Participation in Environmental Damage Prevention?
  • Jul 31, 2023
  • Administrative and Environmental Law Review
  • Siti Mariyam + 2 more

This research examines the national and international legal frameworks governing community involvement in environmental damage prevention and the challenges and various forms of community participation in environmental damage prevention efforts globally. This study uses a qualitative method to conduct normative legal research, which involves a literature review of various international legal instruments and field cases related to community participation in the prevention of environmental damage and uses Seherly Arnenstein's theory of community participation to examine community participation in environmental conservation. The results show that community participation in preventing environmental damage has a legal position at the national and international levels. At the international level, several agreements, such as the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on Biological Diversity (CBD), and the Basel Convention, have established a legal framework for preventing environmental damage, including community participation. Meanwhile, at the national level, Law No. 32/2009 on Environmental Protection and Management (UU PPLH) has regulated the rights and obligations of the community in protecting the environment. Furthermore, this study found that community participation in preventing environmental damage can be done through various means, such as decision-making processes, access to environmental information, and participation in implementing environmental policies. However, there are still challenges and obstacles in its implementation, such as limited access to information, lack of public awareness, and lack of government and private sector support. Based on this, more significant efforts are needed to strengthen community participation in preventing environmental damage, including increasing access to environmental education and information and establishing more active and effective forums for community participation. The active involvement of the government, civil society organizations, and private institutions is needed to ensure that community participation in preventing environmental damage can be achieved.

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  • Research Article
  • Cite Count Icon 1
  • 10.25041/aelr.v4i2.2980
Criminal Sanctions for Unauthorized Transportation of Protected Animals: Perspective of the Purpose of Punishment
  • Jul 3, 2023
  • Administrative and Environmental Law Review
  • Achmad Nazir Thaharah

The trade of protected wildlife has a detrimental impact on the sustainability of endangered wildlife populations in Indonesia. Criminal punishment against the perpetrators of the crime of transportation of animals for the purpose of trade must be able to provide a deterrent effect and benefits for the protection of animals. The imposition of punishment in the criminal act of transportation of protected wildlife needs to be examined further from the aspect of the purpose of punishment, which is to prevent criminal acts by enforcing legal norms for the protection of society. This article will discuss the basic considerations of judges in punishing perpetrators of criminal acts without the right to transport protected animals alive. And the imposition of punishment by the judge against the perpetrator of the crime is in accordance with the purpose of punishment or not. The research method uses normative research methods, with literature studies in the form of laws and regulations related to the issues discussed. Based on the results of the research, as in Decision Number: 77/Pid.B/LH/2020/PN.Tjk, the punishment of the perpetrators of the criminal act of transporting protected wildlife in a live state is based on juridical, sociological, and philosophical considerations. The author recommends that perpetrators of protected wildlife trade be sentenced to heavy fines because their actions are economically motivated. In addition, it is necessary to regulate social work sanctions for convicted poachers and protected wildlife traffickers to restore the consequences of the criminal acts that have been committed.

  • Open Access Icon
  • Research Article
  • 10.25041/aelr.v4i2.2972
Are The Laws for Us or Against Us? Reinventing Environmental Sanitation Laws in Nigeria
  • Jul 3, 2023
  • Administrative and Environmental Law Review
  • Folakemi O Ajagunna + 1 more

Environmental sanitation has been defined as managing any aspects of a man's physical environment that might harm his physical, cognitive, or social health. Indoctrinating good environmental sanitation practices into its citizenry has been and remains a foremost concern for the Nigerian government, with several laws enacted at levels of government to achieve this target. Although there are many of these laws, compliance with environmental sanitation laws remains at its lowest ebb in Nigeria. Nigeria's current environmental sanitation situation reflects that these laws are obeyed more in abeyance, with many viewing compliances as a fool's errand rather than a necessary evil. The method used in this research is descriptive and doctrinal. This paper discusses the issue of environmental sanitation in Nigeria and examines the existing legal system for achieving a cleaner Nigeria. This paper posits that having a clean Nigeria is achievable and asserts that a bottom-up approach to environmental sanitation lawmaking in Nigeria is needed to achieve this goal. A participatory community module for sanitation lawmaking is recommended to ensure that the people understand the importance of these laws by taking ownership of the process rather than depending on the government for its actualization.

  • Open Access Icon
  • Journal Issue
  • 10.25041/aelr.v4i1
  • Mar 31, 2023
  • Administrative and Environmental Law Review

  • Research Article
  • Cite Count Icon 2
  • 10.25041/aelr.v4i1.2947
Land Management Rights Before and After the Government Regulation in Lieu of Job Creation Law
  • Mar 29, 2023
  • Administrative and Environmental Law Review
  • Penta Peturun

There are regulations regarding land management rights (HPL) in Law Number 11 of 2020 concerning Job Creation in Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. The background is the birth of the Investment policy made by President Joko Widodo's Government. HPL is regulated separately as a “right”, whereas in the Basic Regulations on Agrarian Principles (UUPA) which is the source of law, there is no mention of “rights”. Related to the authority of the State's Right to Control (HMN). The Government Regulation transfers HPL as a whole to certain parties. There should be a role for regulators and operators participating in planning, implementation and supervision. Therefore, there must be clarity on the position of the authority “controlled by the state” for HMN constitutionally against HPL in Government Regulations that refer to the constitution. In a normative legal approach, Article 33 of the 1945 Constitution mandates the state to conduct beleid, bestuursdaad, regelendaad, beheersdaad, tezichthoudensdaad. Philosophically, the government functions as a regulator and operator. As an operator, the Government carries out its duties as a coach and supervisor by directly implementing activities. This is confirmed in the Decision of the Constitutional Court of the Republic of Indonesia Number 001-21-22-PUUI 2003 on HMN. Suppose HPL in the Government Regulation is released. In that case, it is not much different from embracing the concept of nachtwachternstaat or night watchman state, not the principle of welvaarstaat which fully utilizes the control of wealth sources for the greatest prosperity of the people. As it should be, HPL in HMN can provide direction for law enforcers and stakeholders with a role and authority in the land acquisition process.

  • Research Article
  • 10.25041/aelr.v4i1.2858
Implementation of Litigation Mediation in Resolving Medical Negligence Disputes Between Patients and Health Workers
  • Mar 27, 2023
  • Administrative and Environmental Law Review
  • Daffa Ladro Kusworo + 1 more

Negligence in current medical disputes has not yet obtained legal settlement efforts for both parties, either between the patient, the medical staff, or the hospital. Efforts to resolve medical disputes can be done through two methods: litigation and non-litigation mediation. Determining a dispute resolution model with alternative efforts will minimize doctors' worries as well as stimulate medical personnel to improve the health system and existing errors will become an evaluation of health services later, especially also preventing doctors, patients and other parties from being confronted until a court decision actually damages a person's reputation. doctor. Apart from that, it is also an effort to relieve patient conflict, making it possible for patients undergoing treatment to receive reasonable compensation. Medical disputes should emphasize settlement through the ADR route because it not only provides benefits for both parties but also obtains legal guarantees from each party in court in Indonesia. Because when compared to dispute resolution outside the court, litigation mediation offers more integrative offers because it does not require high costs, takes a long time, and does not incline any party by upholding a win-win solution. This study uses a normative legal research method with a statutory and literature study approach and uses descriptive analysis by applying a deductive method. The results of the study show the effectiveness of the implementation of litigation mediation and penal mediation reform in the criminal law system in Indonesia.

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  • Research Article
  • 10.25041/aelr.v4i1.2860
Control Air Pollution to The Sustainable Development Goals Vietnam Perspective
  • Mar 27, 2023
  • Administrative and Environmental Law Review
  • Le Thi Thao + 1 more

The trend of globalization has brought great opportunities, creating favorable conditions for all countries in the world to promote and successfully implement the socio-economic growth goals set out. However, it also poses many challenges in protecting and preserving the natural living environment, which naturally plays the role of external conditions to create and maintain the life and development of humans and creatures. The process of industrialization and modernization has been strongly promoted, leading to a severe decline in the function and usefulness of environmental components in cities around the world and Vietnam. Many countries have taken systematic regulatory actions against air pollution. The method used in this research is the normative juridical method. The normative juridical method is a method using secondary data such as the law and regulations in force in Vietnam, especially those related to air pollution and suitable developments. The authors clarify the point of view on the current state of Vietnamese legislation on air pollution control. Existing issues in the polluted-air controlling policy are clarified. The study's results so that improving the law on control, management, technical regulations on air pollution control, responsibilities of relevant agencies and sanctions for polluting acts proposed air pollution in order to prevent and limit “barriers” towards the goal of sustainable development.

  • Research Article
  • 10.25041/aelr.v4i1.2887
Chain of Responsibility in Land Transportation Associated with Overloading Activities
  • Mar 27, 2023
  • Administrative and Environmental Law Review
  • Dea Safira Setiono + 1 more

Heavy vehicles are one of the modes of land transportation in Indonesia in the activity of transporting goods. A large number of transport companies creates business competition related to the supply of freight costs. To get more profit, transportation companies practice over dimension and overloading. Overloading which is more prevalent in transportation, causes losses for various groups. One of the losses can impact workers in a transportation company where the liability for the crew of the vehicle is not regulated in detail. The existence of the principle of Chain of Responsibility in regulations regarding the transportation of heavy vehicles aims to expand the responsibility for losses incurred, such as overloading practices. This principle ensures that all subjects in the logistics chain have the duty to ensure compliance with regulations, including truck owners, transportation operators, goods senders, and goods recipients. This study discusses the responsibility of the parties in the delivery of goods related to overloading and recognizes the concept of Chain of Responsibility in transportation by land in overloading practices. The research method used is empirical juridical with a conceptual approach and a statute approach. For these problems, this study aims to analyze the accountability of the parties in overloading activities and to recognize the concept of Chain of Responsibility in land transportation in overloading practices.