{"title":"环境法官的证明及其对印尼环境执法有效的影响","authors":"Indah Nur shanty Saleh","doi":"10.25170/paradigma.v6i02.2588","DOIUrl":null,"url":null,"abstract":"Abstract \nThe judiciary body is at the forefront of enforcing Indonesian environmental law through judges' decisions that prioritize the preservation of environmental functions. Judges who have competence in the field of environmental law are expected to be able to make decisions in favor of environmental justice. However, the reality is that there are still many judges' decisions on environmental cases that are not in favor of justice and the interests of the preservation of environmental functions. The existence of Supreme Court Decree Number 134 / KMA / SK / IX / 2011 concerning Certification of Environmental Judges is also considered not optimal in increasing the competence of judges regarding environmental cases decision. This study is to identify, analyze, and explain the implications of environmental judge certification for the effectiveness of Indonesian environmental law enforcement. The type of research used is juridical normative or doctrinal, using secondary data sources which include primary, secondary and tertiary legal materials. This research concludes that environmental judge certification is literally becoming an important and strategic aspect in the effort to bring the effectiveness of environmental law enforcement in Indonesia into reality. Up to now, the regulation of environmental judge certification has not been fully optimally implemented. This research considers that it is important to carry out legal reconstruction, in order to obtain an ideal concept related to environmental judge certification in an effort to have a solid and effective Indonesian environmental law enforcement. \nKeywords: judge certification, environment, law enforcement.","PeriodicalId":445925,"journal":{"name":"Jurnal Paradigma Hukum Pembangunan","volume":"35 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"SERTIFIKASI HAKIM LINGKUNGAN HIDUP DAN IMPLIKASINYA BAGI EFEKTIVITAS PENEGAKAN HUKUM LINGKUNGAN INDONESIA\",\"authors\":\"Indah Nur shanty Saleh\",\"doi\":\"10.25170/paradigma.v6i02.2588\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract \\nThe judiciary body is at the forefront of enforcing Indonesian environmental law through judges' decisions that prioritize the preservation of environmental functions. Judges who have competence in the field of environmental law are expected to be able to make decisions in favor of environmental justice. However, the reality is that there are still many judges' decisions on environmental cases that are not in favor of justice and the interests of the preservation of environmental functions. The existence of Supreme Court Decree Number 134 / KMA / SK / IX / 2011 concerning Certification of Environmental Judges is also considered not optimal in increasing the competence of judges regarding environmental cases decision. This study is to identify, analyze, and explain the implications of environmental judge certification for the effectiveness of Indonesian environmental law enforcement. The type of research used is juridical normative or doctrinal, using secondary data sources which include primary, secondary and tertiary legal materials. 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引用次数: 0
摘要
司法机构是通过法官优先保护环境功能的决定来执行印度尼西亚环境法的最前沿。在环境法领域有能力的法官被期望能够做出有利于环境正义的决定。然而,现实情况是,仍然有许多法官对环境案件的判决不利于正义和维护环境功能的利益。最高法院关于环境法官认证的第134 / KMA / SK / IX / 2011号法令的存在也被认为不是提高法官在环境案件裁决方面的能力的最佳选择。本研究旨在识别、分析及解释环境法官认证对印尼环境执法效能的影响。所使用的研究类型是法律规范或理论,使用二级数据来源,包括初级,二级和三级法律材料。这项研究的结论是,环境法官认证正在成为印度尼西亚环境执法工作的一个重要和战略方面。到目前为止,环境法官认证制度还没有得到充分的优化实施。本研究认为,重要的是要进行法律重构,以获得一个理想的环境法官认证相关概念,努力拥有一个坚实有效的印尼环境执法。关键词:法官资格认证,环境,执法。
SERTIFIKASI HAKIM LINGKUNGAN HIDUP DAN IMPLIKASINYA BAGI EFEKTIVITAS PENEGAKAN HUKUM LINGKUNGAN INDONESIA
Abstract
The judiciary body is at the forefront of enforcing Indonesian environmental law through judges' decisions that prioritize the preservation of environmental functions. Judges who have competence in the field of environmental law are expected to be able to make decisions in favor of environmental justice. However, the reality is that there are still many judges' decisions on environmental cases that are not in favor of justice and the interests of the preservation of environmental functions. The existence of Supreme Court Decree Number 134 / KMA / SK / IX / 2011 concerning Certification of Environmental Judges is also considered not optimal in increasing the competence of judges regarding environmental cases decision. This study is to identify, analyze, and explain the implications of environmental judge certification for the effectiveness of Indonesian environmental law enforcement. The type of research used is juridical normative or doctrinal, using secondary data sources which include primary, secondary and tertiary legal materials. This research concludes that environmental judge certification is literally becoming an important and strategic aspect in the effort to bring the effectiveness of environmental law enforcement in Indonesia into reality. Up to now, the regulation of environmental judge certification has not been fully optimally implemented. This research considers that it is important to carry out legal reconstruction, in order to obtain an ideal concept related to environmental judge certification in an effort to have a solid and effective Indonesian environmental law enforcement.
Keywords: judge certification, environment, law enforcement.