The model of mining environment restoration regulation based on Sustainable Development Goals

Jaelani, Abdul Kadir; Kusumaningtyas, Reza Octavia; Orsantinutsakul, Asron

doi:10.22219/ljih.v30i1.20764

Cited by 4 publications

(4 citation statements)

References 30 publications

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“…In terms of environmental law enforcement, the existence of a criminal justice system is crucial for achieving aspects of legal certainty that will contribute to justice, including ecological (environmental) justice. [20] At the level of law/regulation formation, the provisions of Law No. 11 of 2020 regarding Job Creation ( Job Creation Law) have changed, allowing corporations more opportunities to commission environmental pollution crimes.…”

Section: Resultsmentioning

confidence: 99%

The Criminal Justice System in Environmental Crime by Corporations

Gusti Ayu Ketut Rachmi Handayani,

Torodji,

2024

KSS

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Environmental law has advanced quickly, not only in relation to the role of law as a means of development (a tool of social engineering) with the function of an agent of development or agent of change, but also more prominently about the function of law as protection, control, and legal certainty for society (social control) with the role of agent of stability. This legal research is normative legal research with a focus on positive legal norms (ius constitutum), that is, it focuses more on the application of positive legal norms and principles using a statutory approach (statutes approach), which is pertinent to the study of how legal issues are formulated in this legal research. Law Number 11 of 2020 Concerning Job Creation’s environmental cluster setting, particularly the elimination of criminal penalties, is extremely inappropriate. Due to the repeal of criminal penalties in Law Number 11 of 2020 Concerning Job Creation, administrative sanctions are not subject to stringent regulation. Legislation that prioritizes environmental and health issues and establishes a legal framework for the environment is required. This legislation should be written utilizing the omnibus process once more. Keywords: criminal system reconstruction, environmental law, Law Number 11 of 2020

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Section: Resultsmentioning

confidence: 99%

The Criminal Justice System in Environmental Crime by Corporations

Gusti Ayu Ketut Rachmi Handayani,

Torodji,

2024

KSS

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“…Then, through an examination of the incorporation of environmental articles, one can discern the fundamental concept underlying the meaning of law enforcement: the endeavor to reconcile the connection between values delineated in rigid regulations and conduct as a sequence of value translations culminating in the establishment, preservation, and conservation of social harmony. 19 Criminal law enforcement in the environmental sector has failed to meet the anticipated objectives. The criminal justice system's substantial, structural, and cultural lack of synchronization, coordination, simultaneity, and harmony contributes to this failure.…”

Section: Judge's Ruling In Resolving Anti-slapp Disputes Based On Pan...mentioning

confidence: 99%

Judges' Philosophical Orientation in Resolving Anti-SLAPP Disputes

Rachmawaty,

Hartiwiningsih,

Rachmi Handayani

et al. 2024

JHCLS

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The Anti-SLAPP mechanism in Indonesia still needs to fulfill the four fundamental dimensions of effective Anti-SLAPP. Deciding on Anti-SLAPP in an interim decision is a progressive step because it is a translation of the Anti-SLAPP mechanism in the form of a case dismissal procedure as early as possible. Because no complete rules govern it, this creates confusion for judges. This research aims to analyze the philosophical orientation of judges in resolving disputes for anti-strategic lawsuits against public participation fighters based on Pancasila justice. This research is normative legal research employing two approaches—a philosophical approach and a conceptual approach—and collects and obtains data through direct interviews with judges. This research shows that the Judge's decision in resolving anti-SLAPP disputes based on Pancasila values still needs to be stronger. So, development that damages the environment and benefits the government and corporations will continue. Based on these facts, it is known that the regulation and implementation of anti-SLAPP in Indonesia still do not provide justice for all elements of it because one of the causes is the limitations of the existing anti-SLAPP rules in Indonesia. The factors that caused the Judge's decision not to be based on Pancasila justice can be seen from the lack of legal protection for environmental fighters in Indonesia. Then, the Judge's philosophical orientation in resolving Anti-SLAPP disputes with Pancasila justice refers to the five principles of Pancasila.

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“…The magnitude, pattern, and formulation of criminal fines stated in the Criminal Code Bill (henceforth abbreviated as the RUU KUHP) and those defined in laws outside the KUHP would impede the reform of criminal provisions that have been or will be implemented in accordance with laws outside the KUHP. 50 Remmelink explained why the state takes action when a crime is committed and why it inflicts misery. This is considered to be a suitable instrument since it motivates the government to behave well and prevent injustice.…”

Section: The Impact Of Sanctions On Environmental Performance In Indo...mentioning

confidence: 99%

The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia Practice

Zaid,

Musa,

Adinda

et al. 2023

JHCLS

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This study aims to offer an overview of the effect of environmental law sanctions, particularly criminal sanctions for restoring environmental functions for firms, on restoring environmental functions in Indonesia and Brazil. Using conceptual techniques, statutory methodologies, and comparative legal approaches with Brazil, this study examines how norms emerge in the law. The research shows that criminal sanctions for environmental function restoration in Indonesia have not had their full intended effect and often lead to confusion over their implementation since they do not specify a means of gauging whether or not their goals have been met. This discovery also suggests that criminal consequences for environmental function restoration have not been utilized to their full potential. This is because criminal sanctions do not offer a mechanism for gauging the degree to which ecological restoration efforts have been fruitful. Brazil, which is more likely to apply administrative sanctions and has a better impact, conducts a wide range of things, including imposing fines, canceling company licenses, and other preventative steps used to anticipate excessive environmental exploitation. Brazil has taken these precautions to avoid the negative effects of environmental overexploitation. The actions are in effect to ensure that environmental exploitation does not reach unsustainable levels.

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The model of mining environment restoration regulation based on Sustainable Development Goals

Cited by 4 publications

References 30 publications

The Criminal Justice System in Environmental Crime by Corporations

The Criminal Justice System in Environmental Crime by Corporations

Judges' Philosophical Orientation in Resolving Anti-SLAPP Disputes

The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia Practice

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