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All Journal Sriwijaya Law Review Udayana Journal of Law and Culture
Annisa Fianni Sisma
Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia
Arts Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

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Comprehensive and Measurable Environmental Monitoring: A Comparison of Indonesian and Danish Concepts Annisa Fianni Sisma; Rahayu Subekti
Udayana Journal of Law and Culture Vol 8 No 1 (2024)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2024.v08.i01.p05

Abstract

Supervision is one of Indonesia's efforts to protect the environment, but its regulation still needs improvement. The reason is that the regulation does not cover broad authority for the Technical Authority, a comprehensive and measurable supervision scheme. Regulations regarding this matter significantly affect entrepreneurs' compliance levels to prevent or even increase environmental violations. Therefore, the regulation can be improved by studying it from Denmark. This study aims to provide an overview of environmental monitoring in Denmark to be used as a reference for regulatory changes in Indonesia. More comprehensive and participatory supervision regulations can significantly reduce environmental pollution and/or damage cases. This research is normative research with statutory and comparative approaches. The study suggests that several provisions in Denmark can be adopted, namely the extent of the authority of Danish Supervisory Officials starting from location, raw materials, and equipment used to product distribution and intervention against companies, stricter sanctions, and ensnare environmental violators, the authority to obtain personal information from other institutions, an excellent vertical integration system, and Supervisory Officials according to the number and background.
Mapping Public Participation in EIA in Indonesia: Recommendations for an Ideal Concept Annisa Fianni Sisma; I Gusti Ayu Ketut Rachmi Handayani; Lego Karjoko; Ravi Danendra
Sriwijaya Law Review Volume 9 Issue 2, July 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v9i2.3607

Abstract

A quality EIA document is directly proportional to the level of public participation that influences the preparation process. However, the EIA level of public participation in Indonesia is still very low , even reduced after being amended by Law No. 32/2009 in conjunction with Law No. 6/2023, which shows that public participation has not been prioritised. Several factors influence this, including the reduction of EIA participation through Law No. 6/2023, as well as the involvement of parties and forms that are not in line with the needs of the community. This research aims to identify the level of public participation in preparing EIA in Indonesia and present ideal concepts and recommendations regarding these three aspects. This legal research uses a statutory and conceptual approach with primary and secondary legal materials (Law No. 32/2009 in Lieu of Law No. 6/2023, Government Regulation No. 22/2021 and relevant scientific works). The level of public participation in the EIA preparation process in Law No. 6/2023 tends to be lower than before because the community cannot influence the final decision; affected parties are limited; forms of participation are limited to providing suggestions, opinions and responses; and the public participation in government institutions is eliminated. Therefore, the ideal concept uses a mapping that includes the parties involved, the form, and the purpose of participation with three rationales, namely normative, substantive, and instrumental, which are briefly related to the community role, the quality of environmental decisions, and the basis of legitimacy. The government needs to develop ideal regulations for public participation in preparation for EIA based on this mapping so that the preparation of EIA is participative, transparent, equitable, and informed.
Co-Authors I Gusti Ayu Ketut Rachmi Handayani Lego Karjoko Rahayu Subekti Ravi Danendra