JHCLS
Vol 3, No 2 (2023): Journal of Human Rights, Culture and Legal System

The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia Practice

M Zaid (Faculty of Law, Universitas Islam Riau, Pekanbaru,)
M. Musa (Faculty of Law, Universitas Islam Riau, Pekanbaru,)
Fadhel Arjuna Adinda (Faculty of Law, Universitas Islam Riau, Pekanbaru,)
Lamberton Cait (University of Pennsylvania, Philadelphia,)



Article Info

Publish Date
08 May 2023

Abstract

This study aims to offer an overview of the effect of environmental law sanctions, particularly criminal sanctions for restoring environmental functions for firms, on restoring environmental functions in Indonesia and Brazil.  Using conceptual techniques, statutory methodologies, and comparative legal approaches with Brazil, this study examines how norms emerge in the law. The research shows that criminal sanctions for environmental function restoration in Indonesia have not had their full intended effect and often lead to confusion over their implementation since they do not specify a means of gauging whether or not their goals have been met. This discovery also suggests that criminal consequences for environmental function restoration have not been utilized to their full potential. This is because criminal sanctions do not offer a mechanism for gauging the degree to which ecological restoration efforts have been fruitful. Brazil, which is more likely to apply administrative sanctions and has a better impact, conducts a wide range of things, including imposing fines, canceling company licenses, and other preventative steps used to anticipate excessive environmental exploitation. Brazil has taken these precautions to avoid the negative effects of environmental overexploitation. The actions are in effect to ensure that environmental exploitation does not reach unsustainable levels.

Copyrights © 2023






Journal Info

Abbrev

JHCLS

Publisher

Subject

Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

Description

Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of ...