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Environmental Protection and Management | Hukum Positif Indonesia

Indonesian Positive Law-

As we all know that the quality of the environment is decreasing along with the increase in the number of people and global warming that is increasing, and to ensure legal certainty and provide protection for everyone’s right to a better and healthier environment, the government of the Republic of Indonesia formulated it in a form of legislation, namely Law Number 32 of 2009 concerning Protection and Management  Environment.

In this description it is stated regarding:

Definition of Environmental Management and Protection

According to Article 1 number (1) of Law Number 32 of 2009 concerning Environmental Protection and Management, the definition of the environment is the unity of space with all objects, powers, circumstances, and living beings, including humans and their behavior that affects nature itself, the continuity of life, and the welfare of humans and other living beings.

Principles of Environmental Management and Protection

In Law Number 32 of 2009 concerning Environmental Protection and Management, it adheres to the principles of:

  1. The responsibility of the state.
  2. Sustainability and sustainability.
  3. Harmony and balance.
  4. Alignment.
  5. Benefit.
  6. Caution.
  7. Justice.
  8. Ecoregion.
  9. Biodiversity.
  10. Polluters pay.
  11. Participatory.
  12. Local wisdom.
  13. Good governance.
  14. Regional autonomy.

Principle of State Responsibility

State responsibility; The basic purpose of state responsibility is:

  1. The state guarantees that the use of natural resources will provide the greatest benefit to the welfare and quality of life of the people, both current and future generations.
  2. The state guarantees citizens the right to a good and healthy living environment.
  3. The state prevents the use of natural resources that cause pollution and/or damage to the environment.

Sustainability and Sustainable Principles

Sustainability and sustainability is that everyone bears obligations and responsibilities towards future generations and towards others in one generation by making efforts to preserve the carrying capacity of the ecosystem and improve the quality of the environment.

The Principle of Harmony and Balance

Harmony and balance is that the use of the environment must pay attention to various aspects such as economic, social, cultural interests, and the protection and preservation of ecosystems.

The Principle of Integration

Cohesiveness is that environmental protection and management is carried out by combining various elements or synergizing various related components.

The Principle of Benefits

The benefit is that all development efforts and/or activities carried out are adapted to the potential of natural resources and the environment to improve community welfare and human dignity in harmony with the environment.

The Principle of Prudence

Prudence is that uncertainty regarding the impact of a business and/or activity due to limited mastery of science and technology is not a reason to delay measures to minimize or avoid threats to pollution and/or damage to the environment.

Principles of Justice

Justice is that environmental protection and management must reflect justice in proportion to every citizen, whether across regions, across generations, or across genders.

Ecoregion Principles

Ecoregion is that environmental protection and management must pay attention to the characteristics of natural resources, ecosystems, geographical conditions, local community culture, and local wisdom.

Biodiversity Principles

Biodiversity is that the protection and management of the environment must pay attention to integrated efforts to maintain the existence, diversity, and sustainability of biological natural resources consisting of vegetable natural resources and animal natural resources that together with the surrounding non-living elements as a whole form the ecosystem.

The Principle of Polluters Paying

Polluters pay is that any person in charge whose business and/or activity causes pollution and/or environmental damage is obliged to bear the cost of environmental recovery.

Participatory Principles

Participatory is that every member of the community is encouraged to play an active role in the decision-making process and implementation of environmental protection and management, either directly or indirectly.

Principles of Local Wisdom

Local wisdom is that in the protection and management of the environment, it must pay attention to the noble values that apply in the living system of the community.

Principles of Good Governance

Good governance is that environmental protection and management is imbued with the principles of participation, transparency, accountability, efficiency, and fairness.

Principle of Regional Autonomy

Regional autonomy is that the Government and local governments regulate and take care of their own government affairs in the field of environmental protection and management by taking into account the specificity and diversity of regions within the frame of the Unitary State of the Republic of Indonesia.

Scope of Environmental Management and Protection

The scope of Law Number 32 of 2009 on Environmental Protection and Management on this matter includes:

  1. Environmental planning and utilization.
  2. Control and maintenance of the environment.
  3. Environmental surveillance and enforcement.

Environmental Planning and Utilization

Environmental planning and utilization are regulated in the provisions of Article 5 – Article 12 of Law Number 32 of 2009 concerning Environmental Protection and Management.

The utilization of internal resources is carried out based on the Environmental Protection and Management Plan.

More can be read here.

Environmental Control and Maintenance

Control of pollution and environmental damage is regulated in Article 13 –Article 56 of Law Number 32 of 2009 concerning Environmental Protection and Management.

Environmental control and control starts from prevention consisting of Strategic Environmental Studies (KLHS), spatial planning, environmental quality stones, standard criteria for environmental damage, amdal, UKL-UPL, permits, environmental economic instruments, environmental-based laws and regulations, environmental-based budgets, environmental risk analysis, environmental audits, and other instruments in accordance with the needs and / or development of science  knowledge.

More can be read here.

Environmental Surveillance and Law Enforcement

In the provisions of Article 3 of Law Number 32 of 2009 concerning Environmental Protection and Management, the purpose of environmental protection and management is stated.

More can be read here.

After preventive measures are taken with the instruments mentioned above, only then will countermeasures and recovery measures be carried out on the environment. -RenTo201222-

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