SASI
Vol 20, No 1 (2014): Volume 20 Nomor 1, Januari - Juni 2014

WEWENANG PEMERINTAH DAERAH DALAM PEMBERIAN IZIN LINGKUNGAN HIDUP

Vica J. E. Saija (Fakultas Hukum Universitas Pattimura)



Article Info

Publish Date
30 Jun 2014

Abstract

The results showed that local governments have the authority to give a license for environmental management based on the Chapter 237 Law Number 32 of 2004 Concerning the Local Government Jo Chapter 63 Law Number 32 of 2009 on Environmental Protection and Management, verse (2) letter r and verse (3) letter o. As a holder of the delegation, the local government then have the authority to issue permits and enforce the law on consent in the form of monitoring and enforcing sanctions. Licensing authority for environmental management by local governments in its implementation was not maximized yet, this is due to the Law Number 32 of 2009 on Environmental Protection and Management, which does not have implementing regulations, the rule of umbrella act is to set the basic terms only, that contributes to there was no concrete licensing division of the authorized government, both at the central and regional. Therefore, it is the authority of government including local government (Ministers, Governors, Regents/Mayors) should be based on the criteria  of externality, accountability, and efficiency. And recommended that the licensing authority for environment management, in its implementation, should be based on the principle of Good Licensing Governance on Based Natural Resources, in order to prevent abuse of authority and to simplify the licensing process. The Law Number 32 of 2009 it is implementation, it still needs to be followed up with any implementing regulation in order to run as it is expected.

Copyrights © 2014






Journal Info

Abbrev

sasi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ruang lingkup artikel yang terdapat dalam jurnal ini membahas berbagai topik di bidang Hukum Pidana, Hukum Perdata, Hukum Tata Negara, Hukum Internasional, Hukum Administrasi, Hukum Lingkungan, Hukum Adat, Hukum Islam dan bagian lain yang terkait dengan isu-isu kontemporer di bidang ...