The issue of trade and environment is always debatable. Degradation and damaging to the environment surge the countries in making comprehensive and multi-approach planning. This is based on the view that trade should not only count for profit but also carry out calculations and planning for the impacts and conditions when the business is carried out and after completion. The purpose of this paper is to find out whether the environment causes trade not to be carried out and to end economic growth and there is a solution to balance the environment and trade as prevention in both fields through environmental protection legal instruments. The first issue showed that trade that used to be a source of income that is the main target of countries, nevertheless, the unwise planning and also corrupt cases has made the trade become the trigger for environmental damage. This condition caused by a lack of awareness in law enforcement and even various corruption issues causing trade to become a threat, especially for the environment. The second issue arises, which is the mechanism in balancing trade and the environment to preserve the environment and encourage the country's economic growth by optimizing the implementation of environmental protection laws. This paper uses normative legal research methods by collecting data derived from the literature, legislation, articles, and cases that occur within countries. The result shows that more states and stakeholder using more technique on achieving a balance of trade and environment protection, with a pro-environment calculation, it is expected that trade will be carried out in parallel with environmental preservation.
At the end of March 2018, there was an accident in the sea of Kalimantan-Balikpapan where a Panamanian-flagged vessel caused a leak over the oil pipeline. The pipeline connects the Crude Lawe-lawe Terminal to Pertamina's Balikpapan Plant. As a result, spilled oil is estimated at 40,000 barrels and resulted in five deaths. The aim of this study is to examine the regulation on environmental protection, especially on the oil and gas natural resources and what form the accountability of the oil spill on the shore. This paper is structured using a normative juridical approach to seek solutions to legal issues arising from such environmental cases. The study shows that the use of natural resources, which produce metals, coal, and minerals as a source of energy, oil and geothermal, should be based on the principles of environmental management, namely: equity, balances, democracy (democracy), and sustainability (sustainable) between generations. In terms of accountability both in civil liability, criminal, and an environment in accordance with the principle of direct liability (strict liability) with the occurrence of environmental pollution caused by the oil spill so legally PT Pertamina Regional East Kalimantan may be subject to the principle.
In administering a country based on the rule of law, the main element is the enforcement of human rights. In every country still found, there are discriminatory discriminations against citizens, both those that are needed from state actions, and those needed from the community. With the existence of a convention on the protection of special human rights, the state must approve and protect its citizens. Problems that occur in pluralistic Indonesia is in preventing the social life in community. The research method of the paper is an empirical juridical method to answer whether Indonesia handling the enforcement of human rights and review human rights protection in Indonesia when dealing with communities which holding customary law in their community. If the practice of customary law turns out there is discriminatory practices against the tribe or sub-tribe in it, then how does the state uphold human rights?
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