Environmental Criminal Responsibility for Mining Corporation Through the Ultimum Remedium Principle

Firdaus, Aras; Suhaidi,; Sunarmi,; Leviza, Jelly

doi:10.2991/assehr.k.200306.179

Cited by 11 publications

(8 citation statements)

References 1 publication

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“…This study used a normative juridical research method, where the law is a set of rules and doctrines adopted in a group or society that has the legitimacy to ensure order, security, and the fulfillment of a sense of justice in that society. This type of research is descriptive-analytical research to describe the existing phenomena (Firdaus et al, 2020). This type of research is carried out by analyzing legal materials from library materials which are part of secondary legal materials (Al-Fatih & Siboy, 2021).…”

Section: Methodsmentioning

confidence: 99%

Aspects of International Law and Human Rights on The Return of The Taliban in Afghanistan

2022

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From 1996 to 2001, the Taliban group ruled over Afghanistan before the 2001 World Trade Center bombing in the USA. Then, this group was overthrown by a military invasion that actually served the interests of the North Atlantic Treaty Organization or NATO members. After the absence of strong evidence of the involvement of the Taliban in the 2001 WTC bombing, the United States and its allies began to receive internal and international pressure to immediately withdraw from Afghanistan. This invasion led to the death of many American soldiers. Many survivors suffered from mental disorders. Apart from that, the Afghanistan invasion that went on for 20 years greatly burdened the budget, as its financing reached 31 thousand trillion rupiahs. This study used the normative research method. Results showed that the Taliban's return to power does not violate international law. But in terms of human rights, its return will decrease the human rights index of Afghan citizens. This condition is commonplace in authoritarian countries. This is due to the Taliban’s political attitudes that lack respect for women's rights in the modern era. It also lacks concern for civil rights in a modern democratic state

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Section: Methodsmentioning

confidence: 99%

Aspects of International Law and Human Rights on The Return of The Taliban in Afghanistan

2022

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“…[11] Indonesia is a country that has abundant natural wealth, natural wealth is on the surface of the earth and the bowels of the earth. [12] Indonesia is an archipelago with a long coastline that has the largest mangrove forest in the world. In 2006, Indonesia's mangrove forest area was 4.3 million hectares.…”

Section: Blue Carbon Ecosystems In Indonesiamentioning

confidence: 99%

The urgency to strengthen blue carbon ecosystem settings based on theory law development to use to realize sustainable development in Indonesia

Susanti

Yanti

2023

IOP Conf. Ser.: Earth Environ. Sci.

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The purpose of this study is first, to find out how the blue carbon ecosystem is currently regulated in Indonesia and secondly to find out how urgent it is to strengthen the regulation of blue carbon ecosystems in Indonesia to realize sustainable development in Indonesia. The research method used in this research is a normative juridical research method, the problem approach used in this writing is through the approach of various laws and regulations (statute approach). There are already several regulations that regulate good blue carbon ecosystems in the constitution and various laws and regulations, including Law Number 32 of 2009 concerning Environmental Protection and Management and Law Number 41 of 1999 concerning Forestry. In addition, it includes Law Number 32 of 2014 concerning Marine Affairs and Law Number 27 of 2007 concerning the Management of Coastal Areas and Small Islands as well as various other laws and regulations. However, there are still many areas that have not made regional regulations to protect mangrove areas, so the blue carbon ecosystem has not been optimally maintained. It is very necessary to establish regulations strictly to protect blue carbon ecosystems both from laws and regulations, as well as derivative regulations used to protect the use of blue carbon ecosystems to achieve sustainable development in Indonesia.

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“…Enforcement of environmental law still sees the principle of ultimum remedium, which helps apply law enforcement as a last option after administrative law enforcement is thought unsuccessful. The ultimum remedium principle request only applies to certain formal crimes, namely punishment for violations of wastewater quality standards, emissions, and disturbances (Firdaus et al, 2020).…”

Section: Literature Reviewmentioning

confidence: 99%

Achieving Sustainable Development Goals

Aboagye

Effah

Mensah

2022

RISUS

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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.

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Environmental Criminal Responsibility for Mining Corporation Through the Ultimum Remedium Principle

Cited by 11 publications

References 1 publication

Aspects of International Law and Human Rights on The Return of The Taliban in Afghanistan

Aspects of International Law and Human Rights on The Return of The Taliban in Afghanistan

The urgency to strengthen blue carbon ecosystem settings based on theory law development to use to realize sustainable development in Indonesia

Achieving Sustainable Development Goals

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