Towards a Fairer Future: Examining Environmental Permits in Indonesia and Sweden Through the Lens of Sustainable Development and Equity

Purpose: This research aims to gain a comprehension understading on the factors causing the shift in political law regulation of fly ash and bottom ash (FABA) coal waste from hazardous and toxic waste (B3) to non-B3 status and provide a solution to the regulatory model for coal FABA based on ecological justice. Theoretical framework: This study also anchors from environmental justice theories known as “political ecology” from the perspective of “procedural justice” and “distributive justice”. Method: This qualitative research was approached as socio-legal research specifications. Miles et al.’s (2014) qualitative data analysis process was employed to analyze the data. Result and conclusion: The research results show that the political shift in the legal regulation of FABA should be based on ecological justice. The causal factor, the formation of law, is influenced by political and economic factors. While economic factors remain the dominant basis in establishing Government Regulation Number 22 of 2021, the environment should also be the consideration. Most of the construction of the regulation has not been based on the precautionary principle, non-regression, ecological justice, Pancasila justice, certainty, benefit, legal morality, and international agreements. Practical implication: This study contributes that the implementation of environmental protection and management needs to be reconstructed based on provisions, principles, and principles in forming arrangements such as the precautionary principle, the precautionary principle, the non-regression principle, the ecological justice principle, national justice [Pancasila], certainty, expediency, legal morality, and international agreements, to produce regulations in the environmental sector based on ecological justice.

Section: Essentialist Eco-feminismmentioning

confidence: 99%

Political Shift Law Settlement of Fly Ash and Bottom Ash (Faba) Coal Based on Ecological Justice

Hartiwiningsih,

Pratiwi,

Parwitasari

2024

“…To attain sustainable development, it is essential to consider the environment (Agustinus et al, 2023). The ecological system, a marvel of divine creation, represents an intricate web of relationships between living organisms and their environment.…”

Section: Introductionmentioning

confidence: 99%

The Role of Administrative Law in Safeguarding the Environment: A Jordanian Perspective Administrative Law and Environmental Protection in Jordan

Awaisheh,

Alhasan,

Kurdi

et al. 2023

Objective: The primary objective of this study is to scrutinize the role of administrative law, particularly the administrative judiciary, in safeguarding the environment within the Jordanian legal framework. The study aims to elucidate the mechanisms through which the administrative judiciary exercises oversight over administrative and regulatory authorities and to delineate the legal foundations underpinning administrative liability for environmental damages. Theoretical Framework: The theoretical underpinning of this study is anchored in the jurisprudential doctrines of administrative law and environmental governance. The study explores the intricate relationship between administrative jurisprudence and ecological stewardship, particularly in Jordan's unique environmental challenges and legal landscape. It posits that the administrative judiciary serves not merely as a procedural instrument but as a substantive agent of ecological governance. Method: The methodology employed is a rigorous legal analysis, incorporating a review of Jordan's statutes, regulations, and judicial decisions relevant to environmental protection. The study also draws upon secondary sources, including scholarly articles and commentaries, to comprehensively understand the subject matter. Result and Conclusion: The study reveals that the administrative judiciary in Jordan plays a pivotal role in environmental protection. It serves a dual function: as a guardian of environmental integrity and an oversight body for administrative regulatory authorities. The study also highlights the adoption of the doctrine of strict liability in the Jordanian legal system, emphasizing its significance in holding the administration accountable for environmental harm. Research Implications: The findings of this study have far-reaching implications for the development of environmental policy and legal frameworks in Jordan. They underscore the need for a more integrated approach harmonizing administrative law principles with environmental governance objectives. This necessitates reevaluating and recalibrating existing legal mechanisms to ensure they align with sustainable development principles and ecological justice. Originality/Value: The study offers a novel contribution to the existing body of literature on environmental law in Jordan by focusing on the often-overlooked role of the administrative judiciary. It provides a nuanced understanding of the complexities involved in environmental governance and offers a theoretical framework that could serve as a foundation for future research in this domain.

“…An externality associated with the higher level of economic activity and increased energy consumption is the generation of carbon dioxide (CO2), which, together with other gases, causes the greenhouse effect. These greenhouse gases are the product of both nature and human activity, and despite the fact that nature itself has the capacity to absorb them without causing significant changes in the environment; During the last few years, population growth and higher levels of economic activity have caused gases to be emitted beyond their absorption capacity, causing considerable changes in environmental conditions and in the health of human beings (Agustinus et al, 2023;Britto, 2020;Flores Yucra, 2017;Ramos Caruajulca, 2018;Sarauz Álvarez, 2017).…”

Section: Introductionmentioning

confidence: 99%

Relationship Between Economic Growth and Environmental Degradation in Peru, Period 1990-2019

Mamani,

Pinto,

Layme

et al. 2023

Objective: The objective of this research is to analyze the relationship between economic growth and environmental degradation through a regression model for the Peruvian case, during the period 1990-2019, based on Georgescu Roegen's Bioeconomy; who explains that, in environmental terms, economic growth seems to be more of a problem than a solution. Method: The quantitative approach was considered, of a non-experimental type, with a descriptive and correlational design; where secondary source information from the World Bank database was used. Results: According to the results obtained, it is concluded that the variable with the most relationship or that best explains economic growth is energy consumption, followed by CO2 emissions; indicators of environmental degradation explain 24% of economic growth, being a model without problems of heteroscedasticity or autocorrelation; the level of individual significance in all cases is less than 5% and according to the proposed model it is necessary to; if CO2 emissions increase, PBI per capita would increase by 19% and if energy consumption increases, PIB per capita would increase by 20%. Conclusions: Finally, it was possible to contrast the hypothesis that there is a direct and significant relationship between economic growth and environmental degradation.