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PENEGAKAN HUKUM LINGKUNGAN HIDUP DI INDONESIA ANDY TONGGO MICHAEL SIHOMBING; CHRISTINA NM TOBING
JURNAL ILMIAH MAKSITEK Vol 7 No 4 (2022): JURNAL ILMIAH MAKSITEK
Publisher : LP2MTBM MAKARIOZ

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Abstract

Environment is a gift from God Almighty for all the beings that exist in the world, where none may claim that he is entitled to it from the creatures to the other. Problems of preservation of the environment comes down to sustainability of the environment itself for the survival of all living beings is inversely proportional to the vulgarnya utilization of the environment itself. Can the law and law enforcement in Indonesia to accommodate these problems?. The writing is done by collecting materials by using a normative juridical research method. Normative juridical research is a method of legal research is done by examining library materials and secondary data which is accompanied by an analysis of the provisions of the articles in the legislation as well as the discussions of the expert environmental law from reference books selected. The results of this study lead to the conclusion that Law no. 32 of 2009 concerning the Protection and Management of the Environment as a legal umbrella for environmental administration supported by civil and criminal provisions as hurprecht is sufficiently qualified to create a sustainable living environment. However, on the other hand, there are still inhibiting factors, which require several approaches to enforcing environmental law, the spearhead of which is the need for the firmness of environmental law enforcement officials and the seriousness of the government in carrying out the mandate of the law in question.
POLITIK HUKUM PENGELOLAAN SUMBER DAYA ALAM DI INDONESIA ANDY TONGGO MICHAEL SIHOMBING; RICKY BANKE
JURNAL ILMIAH SIMANTEK Vol 7 No 1 (2023): JURNAL ILMIAH SIMANTEK
Publisher : LP2MTBM MAKARIOZ

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Abstract

Indonesia is part of a global community that has an obligation to conserve and manage its natural resources and environment, in addition to maintaining the sustainability of the function of natural resources for present and future generations and maintaining the survival of the nation, also to maintain climate stability and global environmental sustainability. Legal politics is the basic policy of state administrators in the field of law that will be, is being and has been in effect, originating from the values that apply in society to achieve the goals of the aspired state. In formulating and enacting laws that have been and will be carried out, of course legal politics will hand over legislative authority to administrators, provided that they still pay attention to the values prevailing in society. The output of all of this is directed towards achieving the desired goals of the State. The legal political portrait of natural resource management in Indonesia is framed through repressive legal policies, customary law/local law being neglected in the process of forming legislation, thus generating resistance from indigenous peoples in various regions of the country resulting in natural resource conflicts. The legal politics of natural resource management in the future must adhere to the ideology of legal pluralism, which respects and recognizes and accommodates access, interests, rights and wisdom of indigenous peoples in managing natural resources in Indonesia.