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All Journal DOKTRINA: JOURNAL OF LAW Jurnal HAM
Barran Hamzah Nasution
Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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Urgensi Penerapan Konsep Green Banking di Indonesia Barran Hamzah Nasution; Rosa Agustina; Affila
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 1 (2023): Doktrina:Juornal of Law April 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i1.8879

Abstract

Era globalization, environmental management and protection become important matters. Environmental issues nowadays have become not only local or trans-local issues but also regional, national, transnational, and global issues. On that matter, banks in Indonesia transform their business activities by implementing the green banking concept, in which national banks nowadays consider environmental management and protection aspects in their operational activities. However, the absence of statutory regulations in Indonesia which explicitly stipulate obligations for a bank to include provisions for environmental management and protection requires legal renewal in the application of the green banking concept to banking management in Indonesia. This research aims to review the definition and history of green banking and the urgency of the green banking concept implementation in Indonesia. This research is normative legal research in which using a statute approach. The legal materials used in this research are derived from primary and secondary legal materials. The legal material collection technique used in this research is a library research technique. The data in which sourced from legal materials in this study were analyzed using a qualitative approach.
Revisiting Legal and Ethical Challenges in Fulfilling Human Right to Clean Air in Indonesia Detania Sukarja; Barran Hamzah Nasution
Jurnal HAM Vol 13 No 3 (2022): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2022.13.557-580

Abstract

Pro-investment and development government policies to achieve people's welfare can potentially violate human right to clean air through business activities that contribute to air pollution. In Jakarta, this condition led to a public lawsuit against the central and regional governments, who were considered liable for the air pollution and harm suffered by the community. This study reviews the concept of the right to clean air as a human right and analyzes the legal and ethical challenges in fulfilling human right to clean air in Indonesia. The discussion includes the relationship between business and human rights, the concept of clean air as a human right and a review of the legal framework to enforce liability and accommodate legal remedies and the private initiatives to drive and implement more responsible choices to reduce air pollution. The method used in this study was a literature study with data analyzed qualitatively. The paper concludes that people's right to clean air is a fundamental human right. The fulfillment of human right to clean air can be driven by state's power to impose regulation and the implementation of ethical and responsible business activities by corporations. The government needs to strengthen regulations related to air pollution control and business legal compliance, notably strengthening applicable air quality standards in accordance with evidence-based, internationally recognized standards to protect public health. Similarly, corporations should act as "moral agents" who apply ethical behaviors in their business activities to minimize air pollution.
Co-Authors Affila Rosa Agustina Sukarja, Detania