Right to Sue (Citizen Law Suit) Air Pollution as an Alternative Dispute Settlement DOI Creative Commons

Ulfanora Ulfanora

Deleted Journal, Journal Year: 2024, Volume and Issue: 7(3), P. 555 - 555

Published: June 4, 2024

A good and healthy environment is a human right of every Indonesian citizen. The mandate the 1945 Constitution not obtained by citizens as they should. proof that high air pollution, such quality in some areas, causes environmental damage. As for negative impact addition to material losses, it also immaterial losses poor quality. Facing occurrence damage due pollution city Jakarta, have sue government state administrators who neglected protect rights their citizens, regulated Article 91 paragraph (1) (2) Law no. 32 2009. results this study are Citizen Lawsuit lawsuit becomes forum community if experience This only asks accountability Government policies result filed Optimistic Capital Coalition on Number 374/Pdt.G/2019/Pn.Jkt.Pst which was received Panel Judges 2021.

Language: Английский

Alternative Dispute Resolution in Marine Pollution: Advancing Ecological Justice through the Polluter Pays Principle DOI Creative Commons

Nita Triana,

Ade Tuti Turistiati,

Lincoln James Faikar Monk

et al.

Volksgeist Jurnal Ilmu Hukum dan Konstitusi, Journal Year: 2024, Volume and Issue: unknown, P. 89 - 107

Published: June 11, 2024

This study seeks to elucidate the challenges associated with compensation in marine pollution disputes through lens of Alternative Dispute Resolution (ADR) model. Governed by UUPPLH Number 32 2009, polluters are mandated provide for both affected parties and environmental restoration. However, implementation ADR model practice has seen compensating only communities, notably fishermen. research endeavors develop an legal framework that encapsulates ecological justice, ensuring fairness society environment. The methodology employed this is non-doctrinal research, which involves analyzing phenomena within their social cultural context. Findings from indicate waters Cilacap were resolved using model, a disproportionate focus on fishing communities. results damage due minimal grounded Polluter Pays principle. Such should encompass provisions prevention, mitigation, From structural perspective, it imperative foster integration connectivity between community ministries responsible addressing pollution, facilitate effective mitigation restoration efforts. Additionally, realm culture, there crucial need cultivate awareness among public regarding conservation management. permeate all levels society, including business entities, legislative bodies, government, law enforcement agencies. A robust system essential making equitable mechanism resolving disputes, benefiting victims

Language: Английский

Citations

2
Revitalising Indigenous Rights Participation in Mining Lawmaking Process: Evaluation and Proposal for Indonesia DOI Creative Commons
Asrul Ibrahim Nur, Sholahuddin Al-Fatih,

Christina Clarissa Intania

et al.

LAW REFORM, Journal Year: 2024, Volume and Issue: 20(1), P. 188 - 210

Published: Aug. 15, 2024

Indonesia's climate ambition, particularly in developing an electric vehicle ecosystem, has made significant progress since 2019 through the adoption of various legal instruments leading to mining law reform. These initiatives include establishing battery industry supported by downstream policies. This policy ensures availability metal ores, such as nickel, which is a key raw material for industry. However, Indigenous communities living near areas designated National Strategic Projects have experienced negative impacts, including environmental damage.This study posits that damage consequence excluding from reforms, they traditionally serve protectors environment. The primary aim this analyze importance peoples’ meaningful participation and examine tendency Indonesia’s reforms overlook involvement preservation. paper employs doctrinal normative approach statutory laws.The research underscores urgency ensuring peoples suggests methods restoring their right participate available forums instruments. proposes several steps accommodate aspirations legislation: first, addressing loss identity peoples; second, optimizing use existing representative offices each province; third, implementing system allows easily express complaints.

Language: Английский

Citations

1
Right to Sue (Citizen Law Suit) Air Pollution as an Alternative Dispute Settlement DOI Creative Commons

Ulfanora Ulfanora

Deleted Journal, Journal Year: 2024, Volume and Issue: 7(3), P. 555 - 555

Published: June 4, 2024

A good and healthy environment is a human right of every Indonesian citizen. The mandate the 1945 Constitution not obtained by citizens as they should. proof that high air pollution, such quality in some areas, causes environmental damage. As for negative impact addition to material losses, it also immaterial losses poor quality. Facing occurrence damage due pollution city Jakarta, have sue government state administrators who neglected protect rights their citizens, regulated Article 91 paragraph (1) (2) Law no. 32 2009. results this study are Citizen Lawsuit lawsuit becomes forum community if experience This only asks accountability Government policies result filed Optimistic Capital Coalition on Number 374/Pdt.G/2019/Pn.Jkt.Pst which was received Panel Judges 2021.

Language: Английский

Citations

0