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All Journal Jurnal Hukum dan Pembangunan Ekonomi Journal of Law, Poliitic and Humanities
Pangastuti, Dimas
Unknown Affiliation
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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The Impact of a Legally Flawed Court Decision on a Good and Healthy Environment for the Awyu Tribe (Study of Decision Number 6/G/LH/2023/PTUN.JPR) Pangastuti, Dimas; Kusumawati, Erna Dyah
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1697

Abstract

The 5th rank held by Indonesia regarding the number of children with stunted growth is a reflection of the unfulfilled right to a good and healthy environment for the community, healthy and cheap food and adequate nutrition for pregnant women. The State's obligation to guarantee the fundamental rights of Indonesian citizens as mandated by the constitution Article 28 H Paragraph 1 of the Constitution of the Republic of Indonesia tends not to be felt, especially by people living in remote lands of Indonesia, especially Papua. This article will analyze whether in substance the environmental impact analysis document of PT. Is Indo Asiana Lestari in line with the laws and regulations in Indonesia? In addition, the Potential Impact of the Legitimacy of the Environmental Impact Analysis Document on Substance Defects through Decision Number 6/G/LH/2023/PTUN. JPR? In the discussion section, it will be examined in depth regarding the alignment between the substance of the AMDAL of PT. Indo Asiana Lestari with environmental regulations in Indonesia and how the potential impack of the Jaya Pura PTUN decision Number 6/G/LH/2023/PTUN. JPR for the right to a healthy environment of the Awyu Tribe. This research is a normative research using the library research method to examine legal materials, legal principles to answer the legal issues faced. This type of research is qualitative descriptive. The research approach used is a statute approach to study and study all laws and regulations related to legal issues regarding the harmonization of environmental impact analysis documents of PT. Indo Asiana Lestari with environmental regulations in Indonesia and the potential impact of the Legitimacy of the Substance Defect Environmental Impact Analysis Document through Decision Number 6/G/LH/2023/PTUN. JPR
Kewajiban Negara Dalam Melindungi Hak Lingkungan Baik dan Sehat Masyarakat Adat Awyu Berdasarkan Hak Asasi Manusia Pangastuti, Dimas; Kusumawati, Erna Dyah
HUKUM PEMBANGUNAN EKONOMI Vol 12, No 2 (2024): Jurnal Hukum dan Pembangunan Ekonomi
Publisher : Program Pascasarjana Fakultas Hukum Universitas Sebelas Maret Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/hpe.v12i2.101418

Abstract

AbstractIndigenouspeoples are communities that live side by side with forests and tend to apply sustainable principles for the environment for generations. Indigenous peoples are at the forefront of the fight against climate disasters. The irony is the lack of access to education and understanding is often used by certain parties to reap benefits in an unfair way. In fact, indigenous peoples as part of Indonesian citizens also have the right to benefit from the earth, water and all natural resources in this country as stated in Article 33 Paragraph 3 of the 1945 Constitution of The Republic Indonesia, and their rights are recognized by the state as stated in Article 18 B of the 1945 Constitution of the Republic Indonesia. On that basis, this article will analyze how the state’s obligation to protect the right to a good and healthy environment for the Awyu Tribe based on Human Rights. This Type of research is normative, prespective in nature with a statutory approach and uses secondary data in the form of primary legal materials and secondary legal materials. This article aims to find the essence of the state’s obligation to protect the right to a good and healthy environment for indigenous peoples, especially the Awyu Tribe.  
Co-Authors Erna Dyah Kusumawati