Marulak Pardede, Mosgan Situmorang, Syprianus Aristeus, Ismail Rumadan, Henry Donald Lumban Toruan, None Diogenes, None Djamilus, Ellen Lutya Putri Nugrahani
{"title":"Perspectives of sustainable development vs. law enforcement on damage, pollution and environmental conservation management in Indonesia","authors":"Marulak Pardede, Mosgan Situmorang, Syprianus Aristeus, Ismail Rumadan, Henry Donald Lumban Toruan, None Diogenes, None Djamilus, Ellen Lutya Putri Nugrahani","doi":"10.2166/wcc.2023.417","DOIUrl":null,"url":null,"abstract":"Abstract This study uses a normative juridical method based on literature studies to obtain secondary data sourced from primary, secondary, and tertiary legal materials. Specifications of research are analytically descriptive. The data analysis method used is qualitative juridical. The results of the study show that overall government policies on environmentally friendly management have not been able to overcome the conflicts that often arise between the goals of environmental preservation and the goals of economic development. As a solution to overcome these obstacles, it is necessary to enforce criminal law, in addition to imposing material punishments (requiring proof) for crimes which are genetic crimes, it is also necessary to apply formal offenses (no need for proof) for crimes which are specific crimes. The process of enforcing environmental law from the aspect of criminal law will be more successful if it is handled by agencies that technically and institutionally deal with environmental issues. In addition, the concept of sustainable development must be implemented in the legal system for environmental management. In the future, it is necessary to develop coordination between law enforcement officials who are assembled.","PeriodicalId":49150,"journal":{"name":"Journal of Water and Climate Change","volume":"5 1","pages":"0"},"PeriodicalIF":2.7000,"publicationDate":"2023-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Water and Climate Change","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2166/wcc.2023.417","RegionNum":4,"RegionCategory":"环境科学与生态学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"WATER RESOURCES","Score":null,"Total":0}
引用次数: 1
Abstract
Abstract This study uses a normative juridical method based on literature studies to obtain secondary data sourced from primary, secondary, and tertiary legal materials. Specifications of research are analytically descriptive. The data analysis method used is qualitative juridical. The results of the study show that overall government policies on environmentally friendly management have not been able to overcome the conflicts that often arise between the goals of environmental preservation and the goals of economic development. As a solution to overcome these obstacles, it is necessary to enforce criminal law, in addition to imposing material punishments (requiring proof) for crimes which are genetic crimes, it is also necessary to apply formal offenses (no need for proof) for crimes which are specific crimes. The process of enforcing environmental law from the aspect of criminal law will be more successful if it is handled by agencies that technically and institutionally deal with environmental issues. In addition, the concept of sustainable development must be implemented in the legal system for environmental management. In the future, it is necessary to develop coordination between law enforcement officials who are assembled.
期刊介绍:
Journal of Water and Climate Change publishes refereed research and practitioner papers on all aspects of water science, technology, management and innovation in response to climate change, with emphasis on reduction of energy usage.