打击土地利用变化引起环境问题的刑事法律政策

Lusy. K. F. R. Gerungan, Herlyanty Y. A. Bawole, Y. Lewerissa
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引用次数: 0

摘要

人口的迅速增长并没有带来足够的土地,导致不应该被指定为定居点的土地变成了定居点,这反过来又造成了各种环境问题。本研究的目的是分析刑法政策,以解决人们对土地转换的行为,导致环境问题,如洪水,山体滑坡,垃圾和清洁水的质量下降。本研究采用的研究方法是规范法律研究,使用的数据来源是通过文献研究获得的二手数据,然后进行定性分析。根据研究结果,1999年在安汶发生的社会冲突导致了基于民族、宗教、种族和群体间的定居点划分以及居民数量的增加,而日益狭窄的土地面积成为导致人们在非目的地区/土地上开设定居点的一个因素。居住点建在河岸、山坡等灾害易发区,虽是集水区,但居民砍伐树木清理土地,人口密集的居住点不符合空间管理,造成洪水、滑坡、垃圾堆积、净水质量下降等各种环境问题。有必要制定一项刑法政策,以克服可能造成复杂环境问题的土地利用变化。
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Criminal Law Policy in Combating Land Use Changes that Cause Environmental Problems
The rapidly increasing population growth is not accompanied by an adequate amount of land, causing land that should not be designated for settlements to become settlements which in turn causes various environmental problems. The purpose of this study is to analyze criminal law policies in tackling people's behavior towards land conversion which causes environmental problems such as flooding, landslides, garbage and declining quality of clean water. The research method used in this research is normative legal research, the data source used is secondary data obtained through literature study which is then analyzed qualitatively. Based on the results of the study, the social conflict that occurred in Ambon in 1999 led to the division of settlements based on ethnicity, religion, race and inter-group as well as the increasing number of residents while the increasingly narrow land area became a factor causing people to open settlements in areas/land that were not for its purpose. Residential settlements are built in disaster-prone areas such as on the banks of rivers or on the slopes of mountains, residents cut down trees to clear land even though it is a water catchment area and densely populated settlements that are not in accordance with spatial management cause various environmental problems such as floods, landslides , accumulation of garbage and decreased quality of clean water. There is a need for a Criminal Law Policy in overcoming land use changes that can cause complex environmental problems.
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