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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 l.jpg

INDONESIAN ENVIRONMENTAL LAW DEVELOPMENT AND REFORM

I NYOMAN NURJAYA

BRAWIJAYA UNIVERSITY

INDONESIA


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A RICH COUNTRY OF INDONESIA

  • THOUSAND ISLANDS IN A TROPICAL COUNTRY

  • NATURAL ENVIRONMENT AND RESOURCES

  • TROPICAL RAIN FOREST AND BIOLOGICAL DIVERSITY


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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


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NATIONAL DEVELOPMENT

NATURAL RESOURCES UTILIZED MAINLY FOR DEVELOPMENT CAPITAL

IN THE MORE THAN FOUR DECADES

NATURAL ENVIRONMENT PHENOMENON

ENVIRONMENTAL POLLUTION

AND

NATURAL RESOURCES DEGRADATION


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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


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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


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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


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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


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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


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CHARACTERISTIC OF THE ACTS

  • EXPLOITATION OR USE-ORIENTED

  • SEPARATED AND PARTIAL ACTS

  • COLONIALIST INTEREST – NEED AND GREED

  • EXTRACTIVE AND UNSUSTAINABLE – ORIENTED


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PASCA INDEPENDENT DAY

AUGUST 17TH. 1945

INDONESIA IS A SOVEREIGN COUNTRY

UNDER THE 1945 CONSTITUTION

UUD TAHUN 1945

NATIONAL LAW DEVELOPMENT


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IDEOLOGY OF THE STATE

IN CONTROLLING AND MANAGING NATURAL ENVIRONMENT AND RESOURCES

THE 1945 CONTSTITUTION

UUD TAHUN 1945

ARTICLE 33 PARAGRAPH (3)


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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


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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


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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


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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


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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


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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


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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


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HUMAN ENVIRONMENT MANAGEMENT ACT NO. 23/1997 IN RIO DE JANEIRO, BRAZILIA

  • 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


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ELEMENTS OF CONSTITUTIONAL LAW IN RIO DE JANEIRO, BRAZILIA

  • 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


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PUBLIC PARTICIPATION PRINCIPLE IN RIO DE JANEIRO, BRAZILIA

  • AUTHORITY OF THE STATE IN CONTROLLING AND MANAGING NATURAL ENVIRONMENT AND INSTITUTIONS

  • DECENTRALIZATION-DECONCENTRATION AND MEDEBEWIND PRINCIPLES

  • ENVIRONMENT INTEGRATED MANAGEMENT PRINCIPLE

  • PRECAUTIONARY PRINCIPLE


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ELEMENTS OF PUBLIC ADMINISTRATIVE LAW IN RIO DE JANEIRO, BRAZILIA

  • ENVIRONMENT QUALITY STANDARD

  • ENVIRONMENT IMPACT ASSESMENT

  • POISON WASTE MANAGEMENT AND TREATMENT

  • CORPORATE OFFICIAL LICENCES

  • MONITORING AND CONTROLLING

  • ADMINISTRATIVE SANCTIONS

  • ENVIRONMENTAL AUDIT


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ELEMENTS OF PRIVATE LAW IN RIO DE JANEIRO, BRAZILIA

  • 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


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ELEMENTS OF CRIMINAL LAW IN RIO DE JANEIRO, BRAZILIA

  • 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


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ENVIRONMENTAL PROTECTION AND MANAGEMENT ACT NO. 32/2009 IN RIO DE JANEIRO, BRAZILIA

  • REPLACED HUMAN ENVIRONMENT MANAGEMENT ACT NO. 23/1997

  • PRECAUTIONARY PRINCIPLE IS CLEARLY DIFINED

  • ENVIRONMENTAL CASES DEFINED AS EXTRAORDINARY CRIME

  • LAW ENFROCEMENT ORIENTED


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DEVELOPMENT AND REFORM IN RIO DE JANEIRO, BRAZILIA

  • 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


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CONT. IN RIO DE JANEIRO, BRAZILIA

  • ADAPT THE DEVELOPMENT OF GLOBAL KNOWLEDGE, INOVATION AND TECHNOLOGY

  • POLITICAL OF LEGAL AND POLICY DEVELOPMENT IN RESPONDING ENVIRONMENTAL PROBLEMS


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THANK YOU IN RIO DE JANEIRO, BRAZILIA

TERIMA KASIH

THANK YOU

DANK U