Hikmah Zougira
Universitas Muhammadiyah Yogyakarta

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Analisis Dampak Reklamasi Pantai Manado dari Sudut Pandang Hak Asasi Manusia Hikmah Zougira; Nanik Prasetyoningsih
Media of Law and Sharia Vol. 4 No. 4: September 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i4.33

Abstract

The development of coastal areas using reclamation is an activity that is quite active in the city of Manado. Many coastal communities do not agree with reclamation because this activity is considered to only bring problems for them. loss of sea area as a place of livelihood is the core problem of reclamation, as a result, this has an impact on the economic decline of coastal communities. The purpose of this study regarding Manado Beach reclamation is to examine it from a human rights perspective. This research method is normative-empirical. Based on the results of Manado reclamation research, it has violated the human rights inherent in fishermen, this violates the Republic of Indonesia Law Article 28, Law 39/1999 Article 1 (1), Law No 1/2014 in conjunction with Law No 27/2007 Article 1 (31), Law No 27/2007 Article 23 (5), Article 34 (2), Article 63 (1), Permen No 25/PERMEN-KP/2019 Article 16 (1) and Manado City Regional Regulation No 1/2017 Article 23(2). As a result of this behavior, the perpetrators can be tried with sanctions written in the Minister of Maritime Affairs and Fisheries Regulation No. 25/PERMEN-KP/2019 Article 17 (1), (2), (3) in general, the holder of a reclamation permit is obliged to provide compensation to people who affected by reclamation activities.  
The Nickel Industry in Indonesia: How Far Are the Environmental Impacts and the Legal Liability? Hafiza Hafiza; Yeni Widowaty; Hikmah Zougira
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4466

Abstract

One of the elements of human rights is the right to a safe and healthy environment—industrialization's role as an economic booster. However, the Konawe Nickel Industrial Area's industry impacts the environment. This research examines the legal liability for (VDNI) Virtue Dragon Nickel Industry Inc.'s environmental impacts in Morosi District, Konawe Regency. The findings revealed that the nickel smelter industry Konawe's VDNI Inc. activity resulted in a change in ambient air quality that exceeded the required air quality standard, noise disturbance that exceeded the quality of noise needed standard, as well as Toxic and Hazardous Waste (B3) waste and non-Toxic and Hazardous Waste (non-B3) taste that was still stored in one place and did not report their business activities to the Provincial and Regency Environmental and Forestry Services and the Industry and Energy Office regarding the use of coal-fired power plants in the electricity sector. As a result, VDNI Inc. must be held entirely accountable (strict liability) in administrative, civil, and criminal law.