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All Journal JURNAL HUKUM
Eko Ariwidodo
Universitas Islam Negeri Madura, Pamekasan
Religion Humanities Social Sciences

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THE APPLYING MODERN ENVIRONMENTAL LAW IN SOUTHEAST ASIA: A LEGAL PHILOSOPHY POINT OF VIEW Eko Ariwidodo; Ruslina Dwi Wahyuni
Jurnal Hukum Vol 42, No 3 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i3.40196

Abstract

This study examines the complex legal, philosophical, and practical challenges of implementing modern environmental law in Southeast Asia, aiming to align regional economic growth with ecological preservation. Using conceptual and legislative methodologies, the research provides a philosophical analysis of guiding environmental policy principles, evaluates the efficacy of existing legal frameworks, assesses human rights integration, and examines the operational constraints of specialized environmental courts and tribunals. The findings indicate that while recognition of ecocentric approaches and environmental human rights is expanding, regional implementation remains inconsistent. Specialized courts face critical limitations in expertise and capacity. Addressing these issues requires strengthened regulatory frameworks, enhanced regional cooperation, targeted capacity building, and the operational balancing of economic development with ecological preservation. This study offers a unique synthesis by contextualizing modern environmental governance through a blend of imported Western legal concepts with Southeast Asia's distinct cultural philosophies and traditional ecological knowledge.
THE APPLYING MODERN ENVIRONMENTAL LAW IN SOUTHEAST ASIA: A LEGAL PHILOSOPHY POINT OF VIEW Eko Ariwidodo; Ruslina Dwi Wahyuni
Jurnal Hukum Vol 42 No 3 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i3.40196

Abstract

This study examines the complex legal, philosophical, and practical challenges of implementing modern environmental law in Southeast Asia, aiming to align regional economic growth with ecological preservation. Using conceptual and legislative methodologies, the research provides a philosophical analysis of guiding environmental policy principles, evaluates the efficacy of existing legal frameworks, assesses human rights integration, and examines the operational constraints of specialized environmental courts and tribunals. The findings indicate that while recognition of ecocentric approaches and environmental human rights is expanding, regional implementation remains inconsistent. Specialized courts face critical limitations in expertise and capacity. Addressing these issues requires strengthened regulatory frameworks, enhanced regional cooperation, targeted capacity building, and the operational balancing of economic development with ecological preservation. This study offers a unique synthesis by contextualizing modern environmental governance through a blend of imported Western legal concepts with Southeast Asia's distinct cultural philosophies and traditional ecological knowledge.
Co-Authors Ruslina Dwi Wahyuni