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INDONESIAN ENVIRONMENTAL LAW DEVELOPMENT AND REFORM

INDONESIAN ENVIRONMENTAL LAW DEVELOPMENT AND REFORM . I NYOMAN NURJAYA BRAWIJAYA UNIVERSITY INDONESIA. A RICH COUNTRY OF INDONESIA. THOUSAND ISLANDS IN A TROPICAL COUNTRY NATURAL ENVIRONMENT AND RESOURCES TROPICAL RAIN FOREST AND BIOLOGICAL DIVERSITY. NATURAL RESOURCES. LANDS

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INDONESIAN ENVIRONMENTAL LAW DEVELOPMENT AND REFORM

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  1. INDONESIAN ENVIRONMENTAL LAW DEVELOPMENT AND REFORM I NYOMAN NURJAYA BRAWIJAYA UNIVERSITY INDONESIA

  2. A RICH COUNTRY OF INDONESIA • THOUSAND ISLANDS IN A TROPICAL COUNTRY • NATURAL ENVIRONMENT AND RESOURCES • TROPICAL RAIN FOREST AND BIOLOGICAL DIVERSITY

  3. NATURAL RESOURCES • LANDS • TROPICAL RAIN FOREST • MINING • OIL AND GAS • WATER • FISHERY • BIO-DIVERSITY • LAKE, RIVER WATERSHED, SWAMPLAND, AND PEATLAND, WATER SPRING, WATER FALL • COASTAL AND SEA • CORAL REEF

  4. NATIONAL DEVELOPMENT NATURAL RESOURCES UTILIZED MAINLY FOR DEVELOPMENT CAPITAL IN THE MORE THAN FOUR DECADES NATURAL ENVIRONMENT PHENOMENON ENVIRONMENTAL POLLUTION AND NATURAL RESOURCES DEGRADATION

  5. ECONOMIC GROWTH DEVELOPMENT THE ONLY for ENHANCHING STATE REVENUE IN THE NAME OF DEVELOPMENT TERGET/RATE IS MORE IMPORTANT THEN the PROCESS OF DEVELOPMENT EXPLOITATION – USE – EXTRACTIVE NATURAL RESOURCES

  6. COST OF DEVELOPMENT • ECOLOGICAL DEGRADATION • ECONOMICAL LOSS • SOCIAL AND CULTURAL DESTRUCTION HAVE NEVER BEEN TAKEN INTO ACCOUNT AS OUTCOMES AND THE COST OF NATIONAL DEVELOPMENT

  7. ENVIRONMENTAL LAW DEVELOPMENT AND REFORM NATIONAL LAW DEVELOPMENT PROGRAM AS PART OF THE NATIONAL DEVELOPMENT POLICY WITHIN LONG AND MID NATIONAL DEVELOPMENT PLAN (RPJP) ENVIRONMENTAL LAW DEVELOPMENT AND REFORM

  8. DUTCH COLONIZATION PERIOD OF TIME INDONESIA WAS A COLONIZED LANDS CALLED HINDIA BELANDA NATURAL ENVIRONMENT AND RESOURCES DEFINED AND REGULATED WITHIN LAWS LEGISLATIONS NAMED ORDONNANTIE AND REGLEMENTS

  9. ORDONNANTIE AND REGLEMENTS ACTS CONCERNING FISHERY PEARL, CORAL REEF, FISHERY, FISHERY SANCTUARY, HINDRANCE, WILD ANIMAL, WILD ANIMAL HUNTING, WATER, NATURE, AND CITY DEVELOPMENT THOSE ARE SEPARATED LAWS ABSOLUTLY FOR THE PURPOSE OF DUCHT COLONIALIST INTERESTS AND NEED

  10. CHARACTERISTIC OF THE ACTS • EXPLOITATION OR USE-ORIENTED • SEPARATED AND PARTIAL ACTS • COLONIALIST INTEREST – NEED AND GREED • EXTRACTIVE AND UNSUSTAINABLE – ORIENTED

  11. PASCA INDEPENDENT DAY AUGUST 17TH. 1945 INDONESIA IS A SOVEREIGN COUNTRY UNDER THE 1945 CONSTITUTION UUD TAHUN 1945 NATIONAL LAW DEVELOPMENT

  12. IDEOLOGY OF THE STATE IN CONTROLLING AND MANAGING NATURAL ENVIRONMENT AND RESOURCES THE 1945 CONTSTITUTION UUD TAHUN 1945 ARTICLE 33 PARAGRAPH (3)

  13. ARTICLE 33 PARAGRAPH (3) THE EARTH AND WATER AND NATURAL RESOURCES CONTAINED THEREIN SHALL BE CONTROLLED BY THE STATE AND BE UTILIZED FOR THE GREATEST WELFARE OF THE PEOPLE

  14. LEGAL CONFIGURATION AND THE EXISTING LAWS • BASIC AGRARIAN ACT NO. 5/1960 • BASIC MINING ACT NO. 5/1967 • EXCLUSIVE ECONOMIC ZONE ACT NO. 5/1983 • SPATIAL USE ACT NO. 24/1992 • BIOLOGICAL DIVERSITY ACT NO. 5/1990 • HUMAN ENVIRONMENT MANAGEMENT ACT NO. 23/1997 • FORESTRY ACT NO. 41/1999

  15. CONT. • GAS ACT NO. 23/2003 • WATER RESOURCES ACT NO. 7/2004 • FISHERY ACT NO. 31/2004 • COASTAL ZONE AND SMALL ISLANDS ACT NO. 27/2007 • ENVIRONMENT PROTECTION AND MANAGEMENT ACT NO. 32/2009

  16. CHARACTERISTICS OF HE ACTS • USED-ORIENTED • HIGH-CAPITAL ORIENTED • CENTRALIZED MANAGEMENT • SECTORAL IN INSTITUTIONS • LIMITED PUBLIC PARTICIPATION AND TRANSPARANCY • MARIGINALIZED RIGHTS OF THE LOCAL COMMUNITIES IN CONTROLLING AND MANAGING AND ACCESS TO NATURAL RESOURCES • LEGAL CENTRALISM PARADIGM

  17. ENVIRONMENTAL LAW DEVELOPMENT • THE UN-CONFERENCE ON HUMAN ENVIRONMENT IN STOCKHOLM, SWEDIA 5 – 16 JUNE 1972 • THE 1972 STOCKHOLM DECLARATION • ACTION PLAN • FINANCIAL, INSTITUTION, AND SUPPORTING MEASURES - ASSESMENT - MANAGEMENT - LEGAL INSTRUMENT

  18. TEN YEARS AFTER THE CONFERENCE BASIC HUMAN ENVIRONMENT MANAGEMENT ACT NO. 4/1982 • UU NO. 4 TAHUN 1982 TENTANG KETENTUAN-KETENTUAN POKOK PENGELOLAAN LINGKUNGAN HIDUP • ECO-DEVELOPMENT REGIME • ENVIRONMENT ORIENTED TO THE WELFARE OF PRESENT AND FUTURE GENERATIONS

  19. THE UN-CONFERENCE ON HUMAN ENVIRONMENT AND DEVELOPMENT 1992 IN RIO DE JANEIRO, BRAZILIA • RIO DECLARATION OF 1992 • SUSTAINABLE DEVELOPMENT REGIME • BASIC HUMAN ENVIRONMENT MANAGEMENT ACT OF 1982 REVISED • THE HUMAN ENVIRONMENT MANAGEMENT ACT OF 1997 -- UU NO. 23 TAHUN 1997 TENTANG PENGELOLAAN LINGKUNGAN HIDUP

  20. HUMAN ENVIRONMENT MANAGEMENT ACT NO. 23/1997 • PRINCIPLES OF STATE RESPONSIBILITY, SUSTAINABLE, AND UTILIZATION OF THE ENVIRONMENT • IT CONSIST OF ELEMENTS OF CONSTITUTIONAL LAW, PUBLIC ADMINISTRATIVE LAW, CIVIL LAW, AND PENAL LAW • IT ALSO COVERS SUBSTANTIVE LAW AND PROCEDURAL LAW • ENVIRONMENTAL JUSTICE SYSTEM AND ENFORCEMENT

  21. ELEMENTS OF CONSTITUTIONAL LAW • SCOPE OF THE ENVIRONMENTAL LAW JURISDICTION – TERRITORY OF INDONESIA • RIGHTS AND OBLIGATIONS OF THE PEOPLE AND STATE/PRIVATE CORPORATIONS • DUTIES OF THE GOVERNMENT • GOOD AND HEALTHY ENVIRONMENT EQUITY PRINCIPLE • INFORMATION ACCESS PRINCIPLE

  22. PUBLIC PARTICIPATION PRINCIPLE • AUTHORITY OF THE STATE IN CONTROLLING AND MANAGING NATURAL ENVIRONMENT AND INSTITUTIONS • DECENTRALIZATION-DECONCENTRATION AND MEDEBEWIND PRINCIPLES • ENVIRONMENT INTEGRATED MANAGEMENT PRINCIPLE • PRECAUTIONARY PRINCIPLE

  23. ELEMENTS OF PUBLIC ADMINISTRATIVE LAW • ENVIRONMENT QUALITY STANDARD • ENVIRONMENT IMPACT ASSESMENT • POISON WASTE MANAGEMENT AND TREATMENT • CORPORATE OFFICIAL LICENCES • MONITORING AND CONTROLLING • ADMINISTRATIVE SANCTIONS • ENVIRONMENTAL AUDIT

  24. ELEMENTS OF PRIVATE LAW • LEGAL MECHANISM FOR ENVIRONMENTAL DISPUTE SETTLEMENT • LITIGATION OR NON-LITIGATION • ALTERNATIVE DISPUTE RESOLUTION • LIABILITY BASED ON FAULT AND STRICT LIABILITY PRINCIPLES • CLASS ACTION PRINCIPLE • LEGAL STANDING PRINCIPLE

  25. ELEMENTS OF CRIMINAL LAW • LEGAL SUBJECT – INDIVIDUAL AND CORPORATION • INTENTIONALLY OR NEGLIGENCE ACTION • CAUSE OF ENVIRONMENTAL POLLUTION AND DEMAGE • PENAL SANCTIONS – IMPRISONMENT AND FINE • ADDITIONAL SANCTION - ORDERING ACTIONS • ENVIRONMENTAL VIOLATION CLASSIFIED AS FELONY

  26. ENVIRONMENTAL PROTECTION AND MANAGEMENT ACT NO. 32/2009 • REPLACED HUMAN ENVIRONMENT MANAGEMENT ACT NO. 23/1997 • PRECAUTIONARY PRINCIPLE IS CLEARLY DIFINED • ENVIRONMENTAL CASES DEFINED AS EXTRAORDINARY CRIME • LAW ENFROCEMENT ORIENTED

  27. DEVELOPMENT AND REFORM • TO RESPONSE BASIC PRINCIPLES THAT DEFINED WITHIN THE 1972 STOCKHOLM AND THE 1992 RIO DECLARATIONS, AS WELL AS THE RECENT INTERNATIONAL CONVENTIONS • TO ADOPT LEGAL PRINCIPLES AND INSTITUTIONS OF ENVIRONMENTAL LAW ENACTED IN DEVELOPED COUNTRIES UNDER THE COMMON LAW SYSTEM

  28. CONT. • ADAPT THE DEVELOPMENT OF GLOBAL KNOWLEDGE, INOVATION AND TECHNOLOGY • POLITICAL OF LEGAL AND POLICY DEVELOPMENT IN RESPONDING ENVIRONMENTAL PROBLEMS

  29. THANK YOU TERIMA KASIH THANK YOU DANK U

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