Environmental Law Enforcement Research Articles

LEGAL ASPECTS OF CONVECTION-BASED MSME B3 WASTE MANAGEMENT VALUES OF LEGAL JUSTICE

Environmental pollution which can result further because in addition to environmental damage it also poses a hazard, namely specifically the presence of known hazardous and toxic waste. in Sukaraos Village, Cikijing District, Majalengka Regency, which can result in B3 waste pollution in its business so this needs attention from the central government and local governments. The author will review this research to find out related to legal studies in B3 waste management to realize legal justice and aspects of law enforcement carried out by the Majalengka Regency Environmental Service. the analysis is qualitative analysis. Majalengka Regency Regent Regulation Number 33 of 2019 related to the management of hazardous and toxic waste does not reflect legal justice for MSME business actors Convection this is due to the absence of obligations from the local government for the allocation of B3 waste management for business actors, difficult permits and management fees waste that is charged to business actors and is expensive. The aspects of law enforcement carried out by the Majalengka Regency Environmental Service are still not effective because there are factors in law enforcement itself, including legal factors, law enforcement factors, facilities factors, community factors and legal culture factors that have not been realized by the community. The conclusion of this study is that the existing regulations in Majalengka Regency and other regulations have not created legal justice for the perpetrators themselves because environmental law enforcement and protection of business actors have not been maximized due to several law enforcement factors that do not run optimally.

A Green Criminological Framework for PM2.5 Pollution Prevention in the Bangkok Metropolitan Region

Since PM2.5 pollution is often considered an environmental crime, this study proposes a green criminological framework for PM2.5 pollution prevention in the Bangkok Metropolitan Region based on the problem-solving approach for crime prevention. Three data collection methods were applied in this study: documentary research, in-depth interviews, and focus groups. There were 26 participants in total. Qualitative content analysis was employed to identify the significant patterns embedded in the collected data. According to the research findings, challenges to PM2.5 pollution mitigation were classified into three regulatory voids: political voids, institutional voids, and knowledge voids. Combining the possible solutions to the regulatory voids and suggestions from all three data sources, alternative solutions to the PM2.5 crisis were conceptualized into a green criminological framework for PM2.5 pollution prevention. The solutions are based on environmental crime prevention approaches, including socio-legal, regulatory, and social action strategies. These approaches emphasize the enhancement of environmental laws and law enforcement, investments in public infrastructure, land use planning, application of economic incentives and technological solutions, and public participation in pollution monitoring.

IZIN LINGKUNGAN: SUATU KAJIAN PERBANDINGAN PERATURAN PERUNDANG-UNDANGAN

Management of resources in an area always requires licensing, where a permit is needed to take the first steps in managing resources or the environment in an area. This has actually been regulated in the UUPPLH and the Job Creation Law, but in these two regulations, the permits are different, where the UUPPLH is more on the environmental document process (Environmental Impact Analysis/Amdal) while the Job Creation Law simplifies the licensing process by integrating environmental permits into Business Permits. These two regulations have their respective impacts if an environmental violation of the permit occurs, the first will result in consequences for environmental permits while the second will have consequences for business permits. The Job Creation Law classifies business permits that provide warnings and high levels of care for health, safety, the environment, and resources. For this reason, The Job Creation Law remains in the public eye of various parties, even criticized and protested. Because This law is thought to only be concerned with corporations and investment, it even possibly compromises environmental law enforcement. This paper examines environmental permits in the UUPPLH and the Law on Job Creation to compare where the differences in environmental permits from the two laws are. And the author will also provide opinions regarding environmental permits from the two laws. The method used in writing this time is the Law on Job Creation main materials are legal journals that discuss licensing, the UUPPLH, and the Job Creation Law. We anticipate that this conversation will offer knowledge and understanding to the wider community about the importance of an environmental permit when it comes to managing natural resources in an area as well as an understanding of the differences in permits in the two laws.

The Relationship Between the Contents of Several Typical Environmental Testing Indexes in Industrial Enterprises

With the emphasis on ecological civilization construction and green and low-carbon development policy in our country in recent years, the environmental protection of industrial enterprises and the related work of emission permits had been carried out steadily, self-monitoring had gradually become an indispensable part of urban pollution prevention and control. However, in the actual testing process, the enterprise environmental management and environmental law enforcement officials often found that the content of some related factors conflict between test results and theory. In order to solve the problem that the results of some relevant environmental monitoring indexes were contrary to the expectation, the relationship between the contents of some typical environmental monitoring indexes, including VOCs and NMHC, NMHC and benzene series, TN and NH₄⁺-N, COD and BOD, was discussed according to the definition of relevant standards, the reason of the change of the relationship between the content of each index was analyzed from the angles of detection method, calculation method and determination range, and the future development direction of environmental testing was prospected, which could be used as a reference for the prevention and control of waste water and air pollutants in industrial enterprises and for the relevant environmental law enforcers, managers and testers.

Does carbon emission of firms matter for Bank loans decision? Evidence from China

In the context of global climate governance, greater carbon emissions of enterprises often result in a higher potential risk of environmental violations. Taking the non-financial companies listed in China from 2008 to 2018 as research samples, this paper empirically examined the impact of firm carbon emission on their acquisition of new bank loans and its mechanism of action. This paper empirically finds that if the carbon emission of an enterprise is higher, it will be granted with less new bank loans. The results remain robust after pairing analysis and instrumental variable analysis. The mechanism analysis shows that corporate credit rating plays a significant moderating role in the relationship between corporate carbon emission and new bank loans. Carbon emission leads to the improvement of earnings management of enterprises and the significant decline in the conservatism and comparability of accounting information, which is likely to be an important channel for the reduction of corporate bank loans. Upon further analysis, we find that the carbon emission of enterprises will not significantly affect the cost of acquiring bank loans, but it will significantly reduce the loan term structure. The cross-sectional analysis shows that the effect of carbon emission on new bank loans is more obvious in state-owned listed enterprises, enterprises with high internal control quality and enterprises with strong environmental law enforcement. The research results of this paper enrich the research on the economic consequences of carbon emission, reveal the implementation effect of green credit policies, provide empirical evidence for bank credit to play a role in green governance, and promote enterprises to actively reduce carbon emission.

Mainstreaming Social Justice in Environmental Law Enforcement in Indonesia: Theories and Practices

Lingkungan hidup sebagai karunia dan rahmat Tuhan Yang Maha Kuasa kepada rakyat dan bangsa Indonesia merupakan ruang bagi kehidupan dalam segala aspek dan materinya sesuai dengan wawasan nusantara. Dalam rangka mendayagunakan sumber daya alam untuk memajukan kesejahteraan umum seperti diamanatkan dalam Undang-Undang Dasar 1945 dan untuk mencapai kebahagiaan hidup berdasarkan Pancasila

Promoting the urgency of restorative justice to environmental law enforcement officials through civic engagement education

Although bringing cases of environmental damage to court means prioritizing the principle of primum remedium by way of retributive justice or criminal justice, it unfortunately creates various problems including the practice of corruption, collusion and nepotism. Therefore, it is necessary for law enforcement officials to understand and apply restorative justice in environmental crime, which means prioritizing the principle of ultimum remedium, through civic engagement education. This research method includes social research which also covers the field of law since it analyzes positive laws that are relevant to solving problems using literature and other sources as needed. This research uses a juridical-normative legal approach which is very dependent on the researcher's conception of positive law. The results of this study indicate that law enforcement officials should understand their position as part of the community members who have duties and authorities based on the law, so that justice and ecological goals can be achieved in efforts to preserve the environment.

Political Review of the 2009 Number 32 Law on Environmental Protection and Management

The 2009 payload or bill change policy on environmental protection and management was directed to provide both revision and new arrangements to address issues related to the development of innovation in policy, international policy harmonizing, and improved environmental law enforcement efforts in the course of environmental protection. The research method used was normatif yuridis. Research suggests that it is necessary to revisit the content material in the law or executive regulations especially with article 66 of the law 32/2009, and that protection efforts to victims in the public's dimension have been more and more strongly stated in the rule

Law Enforcement Against Environmental Pollution by Vehicle Exhaust Emissions

Enforcement of environmental laws relating to emissions from motor vehicle exhaust It is clear from the laws and regulations that the Ministry of Transportation is authorized to act as the implementing agency for periodic motor vehicle inspections and emission testing. The use of motorized vehicles contributes to air pollution which hinders the management and protection of the environment. There are many types of environmental pollution, but in particular air pollution has far-reaching detrimental effects and has a significant impact on environmental quality. By using normative legal research methods and literature studies, namely research that looks at document studies, there are several regulatory matters, including Article 206 of Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Presidential Regulation (Perpres) No. 55 of 2019 concerning the Acceleration of the Battery Electric Vehicle Program for Road Transportation. One of the causes of environmental pollution, especially in the air, is the use of vehicles that use oil (fuel). Electric vehicles are currently the solution to developing environmentally friendly technologies. The government's efforts are carried out by completing emission tests and developing electric vehicles that affect both the environment and vehicle health.Keywords: Law Enforcement, Environment, Emissions, Electric Vehicles

LEGAL FRAMEWORK FOR CORPORATE AND GOVERNMENT PARADIGM TO DISASTER VICTIMS

The environmental law enforcement paradigm has not implimented well. This can be known through the government's inability to stop several acts of environmental destruction committed by several corporations. On the other hand, based on the principles of environmental law, it is stated that the government must be responsible for environmental management. The topic of this research is important to uncover the background between whether or not there were violations of regulations committed by corporations. The results of the research indicated that the paradigm of enforcing environmental law is contained in Law No. 32/2009 concerning Environmental Protection and Management; Law No. 24/2007 concerning Disaster Protection; Law No. 30/1999 concerning AAPS (Arbitration and Alternative Dispute Resolution) and Law No. 4/2009 concerning Mining is still a normative paradigm which causes the weakening of environmental law enforcement.

IDENTIFYING THE USE OF SMART ENFORCEMENT IN CITARUM RIVER ENVIRONMENTAL LAW ENFORCEMENT

The Citarum River is one of the most strategic rivers in West Java Province, Indonesia. It has been a major water supplier for various agricultural and industrial needs. Unfortunately, human activity increases around the watershed. Thus, the water quality of the river decreases due to pollution. The central and regional governments launched the Citarum Harum program to reduce pollution in the Citarum River. One of the main issues of the program is related to environmental law enforcement. A lengthy process, high case costs, and light sanctions make law enforcement through the courts ineffective. This study discusses whether the environmental law enforcement in the Citarum River is smart enforcement. The study used normative empirical legal analysis with a juridical approach. This study concludes that the government should plan the law enforcement by means of Smart Enforcement strategy to make the enforcement more effective and efficient. It will provide clearer directions to law enforcement officers in the law enforcement. In addition, the efforts to carry out effective and efficient environmental law enforcement need more human and financial resources.

Legal and socio-economic outlook of waste bank: Environmental pollution and public health assessment in sustainable household waste management practices

The purpose of this study is to investigate and establish a regulatory model for managing household waste with a public health approach. The research employs a statutory approach combined with a comparative methodology to analyze and explore the connections between law and other social institutions. Various laws and regulations are directly associated with waste management, including Law No. 32 of 2009 on Environmental Protection and Management and other similar legislation. The enforcement of these laws and regulations in waste management relates to three legal systems: structure, substance, and legal culture. The study’s results show that the enforcement of environmental law in waste management is a blend of legal structure, legal substance, and legal culture. It can also be studied from both preventive and repressive sides. The study highlights the importance of implementing sustainable waste management practices to reduce environmental pollution and minimize health risks to the public. Through legal intervention, sustainable waste management practices can become standardized and be effectively enforced, leading to cleaner and safer living environments. The study concludes that preventing and responding to waste management issues requires a comprehensive approach that includes legal measures, as the implementation of laws and regulations plays an essential role in ensuring responsible waste management practices and protecting people’s health.

НАУКОВІ ДИСКУСІЇ УЧАСНИКІВ ВСЕУКРАЇНСЬКОЇ НАУКОВО-ПРАКТИЧНОЇ КОНФЕРЕНЦІЇ "ПРАВОВІ ПРОБЛЕМИ РАЦІОНАЛЬНОГО ПРИРОДОКОРИСТУВАННЯ, ОХОРОНИ ПРИРОДИ ТА БЕЗПЕЧНОГО ДОВКІЛЛЯ В УКРАЇНІ", ПРИСВЯЧЕНОЇ 100-РІЧЧЮ ВІД ДНЯ НАРОДЖЕННЯ ПРОФЕСОРА В. Л. МУНТЯНА

Background. The article reviews the speeches of the participants of the All-Ukrainian scientific and practical conference, dedicated to the 100th anniversary of the birthday of Doctor of Law, Professor Vasyl Luk'yanovych Muntyan, on the topic "Legal problems of rational nature use, nature protection and a safe environment in Ukraine." The event was organized and held jointly by the Department of Land and Agrarian Law and the Department of Environmental Law of the Educational and Scientific Law School of Taras Shevchenko National University of Kyiv, October 21, 2022. The purpose of the article is analysis of scientific heritage of Professor Vasyl Luk'yanovych Muntyan, to highlight scientific-theoretical and legal approaches to the further development of environmental, land and agrarian legal research in the context of national environmental as well as land and agrarian policy, taking into account the proposals made by the participants of the conference from the standpoint of current legislation as far as the participation of our state in international and European integration processes is considered. Methods. The methodological basis of the research was the general scientific dialectical method of learning social phenomena in their interrelationship and development, as well as scientific methods of analysis and synthesis, interpretation of legal norms, formal and legal, historical, comparative and legal, prognostic methods etc. Results. The participants of the conference paid attention to the current problems of the development of agrarian, land and environmental law in the context of overcoming the consequences of large-scale russian aggression on the territory of Ukraine and the transition to peaceful development in the future. Proposals were given for improvement of environmental, land, agrarian and natural resources legislation and law enforcement practice, as well as for the development of environmental, land and agrarian legal science in Ukraine through the prism of generational inheritance and scientific heritage of Prof. V. L. Muntyan. In the scientist's research, the concept of rational nature management is embedded as a fundamental principle of environmental law, science and state management. The idea of legal provision of rational nature use meets modern requirements for reforming ecological and legal reality, harmonizing relations between man and nature on the basis of sustainable development and economical use of natural resources, development of Ukraine as a European, legal, social and ecological state, implementation of the constitutional principles of the Ukrainian people's property on land. More than 60 years ago, Prof. V. L. Muntyan actualized the need to solve the problems of wind and water erosion of soils, the negative impact of deforestation on the condition of agricultural lands and careless management; he pointed out the need to adopt the Law on Soil Protection. Conclusions. The need to eliminate fragmentation in further studies of problems of the methodology of development of environmental, land and agrarian law in order to form a system of guarantees of the effectiveness of the law, to determine ways of improving the legislation in the sources of national environmental, land and agrarian policy has been determined. The study and generalization of law enforcement practice will make it possible to evaluate the positive and negative results of the introduction of the principles of sustainable development, the elimination of corruption in the process of land reform, reforms in mining, forestry, water, agriculture, industry and other sectors of economy, ensuring environmental safety, observing and protecting rights human, prevention of negative climate changes. During the martial law and in the reconstruction period – after overcoming the Russian military aggression against our country – the entire legal system should be aimed at building Ukraine as a European, legal, social and ecological state.

Vertical Management Reform of Environmental Protection System and Air Quality Improvement: Empirical Test Based on RDD

As a major institutional innovation in the field of environmental protection system, the supervision and law enforcement of environmental protection system in China has been transformed from the jurisdictional management system to a vertical management system, and its effect on improving air quality is a hot issue to be tested urgently. This paper uses regression discontinuity design model (RDD) to test the daily air quality of 321 prefecture-level cities from September 2016 to December 2019. The results show that the vertical management reform of environmental protection system can significantly improve the air quality, and has a significant long-term inhibitory and sustainable effect on air pollution. Furthermore, a series of robustness tests also further prove the reliability of the results. As a conclusion, this paper provides a basis for decision-making in deepening the vertical management reform of environmental protection system.

Research and Application of Environmental Protection Standardization System for Energy and Power Companies

At present, the national environmental protection is showing a high-pressure and strict management situation, environmental protection requirements are getting higher and higher, environmental protection supervision factors are increasing, and environmental protection law enforcement standards are becoming more and more stringent. Energy and power companies have problems such as weak awareness of environmental protection and law-abiding, imperfect environmental protection management system, inadequate construction and operation management of environmental protection facilities, lack of systematic environmental risk investigation and assessment, and inability to effectively identify and avoid enterprise environmental protection risks. The environmental protection situation faced by enterprises and companies is unprecedentedly severe. Based on the PDCA cycle theory as the theoretical basis for constructing the environmental standardization system of Energy and power companies, and drawing on national standards as the basis for the preparation of the environmental standardization system of Energy and power companies, the "double pre-control" involving ecological and environmental protection, institutional mechanism, daily management, compliance management, ecological protection and restoration governance, air pollution prevention and control (organized), air pollution prevention and control (organized), air pollution prevention and control (unorganized), water pollution prevention and control, Solid waste pollution prevention and control, other pollution prevention and control (noise pollution prevention, gas) and other 10 first-class elements and a number of standards required by the energy and power companies environmental protection standardization system, and invite experts in the field to hold seminars, through experts to view materials, onsite questions, exchange opinions and other methods to improve and improve the environmental protection standardization system of Energy and power companies. based on Analytical Hierarchy Process (AHP), the system elements are reasonably assigned, the scoring criteria of the standardized system are developed, and the final weight scores are obtained through the application in energy and power enterprises to provide energy and power enterprises with ideas of risk self-examination and risk warning to avoid the risk of environmental penalties.

An Examination of Factors Militating Against Effective Enforcement of Environmental Law in Nigeria

An Examination of Factors Militating Against Effective Enforcement of Environmental Law in Nigeria

The impacts of multi-stakeholders collaboration on management and mitigation of oil pipeline disasters in Nigeria

<abstract> <p>Pipeline disasters have caused large losses to Nigeria in terms of economic, ecological, and human lives. A single incident can have devastating consequences for the environment, individuals, and communities. Research to date has recommended the significance of stakeholders, collaboration in overseeing these issues. This study examines the impacts of multi- stakeholders, collaboration on the management and mitigation of oil pipeline disasters in Nigeria, adopting the use of questionnaires and semi-structured interviews. The benefits of stakeholders, collaboration in the context of this study include but are not limited to: better information/intelligence sharing; improved decision-making; enhanced coordinated and timely intervention; improved response. The challenges associated with collaboration are: conflicts in shared responsibilities; inadequate resources; inadequate enforcement of environmental laws and guidelines; and inefficient communication systems. The goals of the collaborative pact will be effectively achieved if these challenges are properly addressed. This study recommends a framework for multi-stakeholders collaboration toward effective and efficient management and mitigation of oil pipeline disasters in Nigeria.</p> </abstract>

Dysfunctional Factors of Environmental Law on Strategic Lawsuit Against Public Participation and Developing Remedial Strategies Through Reconstruction Criminal Law System Model in Indonesia

The excessive criminalization of community and environmental enforcement activists has prolonged the problem of SLAPP (Strategic Lawsuits Against Public Participation) in Indonesia. This study explores the factors contributing to non-optimal protection for citizens and environmental law enforcement activists. It aims to develop an ideal model for formulating the criminal law system to address Indonesia's Strategic Lawsuit Against Public Participation (SLAPP). This study used a doctrinal juridical approach to analyze and identify the factors preventing environmental law from effectively providing legal protection to the community and activists advocating for a good, healthy, and safe environment or the occurrence of SLAPP. This research found that the new model should incorporate clear sentencing guidelines for law enforcement while addressing and reformulating conflicting legal instruments. The goal is to foster juridical harmonization, serving as a strategic approach to prevent SLAPP in the future.

Weak Investment Law Enforcement in Land and Forest Fire Cases in Indonesia

This article aims to analyze the formulation of sanctions in Indonesian investment law against foreign investors who commit environmental damage and pollution in the case of forest and land fires. This paper uses a legislative approach by analyzing the quality of legal norms on regulating sanctions for foreign investors involved in forest and land fires. The results show that the current development of global investment law requires companies, including transnational companies, to carry out environmental responsibilities in addition to social responsibility and good governance. The need to build pro-environmental investment law is important to strengthen environmental law enforcement with a multi-door approach. This is not followed by the investment law in Indonesia. The country's Investment Law does not strictly regulate sanctions against investors who violate their obligations and responsibilities to maintain the environment. The aspect of government supervision of the implementatio of investor obligations is also weak. These weaknesses in legal substance show that investment law is not in line with today's investment objectives that require support for environmental preservation or better known as green investment. This paper concludes that investment law will not be effective in supporting law enforcement in forest and land fire cases due to the lack of sanction formulation and weak supervision. Because of this, the existing investment law is still far from the goal of realizing green investment in Indonesia.

Achieving Sustainable Development Goals

The environment plays a vibrant role in sustaining human life such that without a suitable environment, humans will find it difficult to survive. The 1992 Constitution of the Republic of Ghana mandates an excellent and healthy environment for all. Hence, it’s a human right that must be upheld and needs a collective effort to sustain it. Thus, the state, government, and stakeholders must protect and manage the environment to implement sustainable development. The Ghanaian environment can support Ghanaians in line with implementing the Sustainable Development Goals (SDGs). SDGs have since 2015 become the regulating framework driving global development discussions. This paper examines the nexus between environmental law enforcement and implementing SDGs in Ghana. The researchers adopted a complete interpretative document analysis for this study, which showed the careful but rigorous investigation of environmental law enforcement and SDGs. This technique confirmed the genuineness of the information studied and interpreted in the study. The study found that environmental law enforcement and the implementation of SDGs in Ghana are directly linked. Thus, the regulation aligns with the goals of 6, 7, 12, 13, 14, and 15 of the SDGs directly associated with environmental sustainability. Also, environmental law enforcement in Ghana through the Environmental Protection Agency (EPA) concerning Environmental Protection and Management is protective and suppressive. This study further unravels that a supervisory outline is mandatory to enable sustainable development within Ghana’s environmental protection and law enforcement issues and to guarantee its alignment with SDGs. This should be established based on the participation of stakeholders. As a result, the researchers recommend that the government establish strong management and accountability in sustainable development by measuring, supervising, revising, and evaluating their growth towards meeting SDGs in environmental issues geared towards achieving SDG targets and frequently communicating their development to the public.