从法院审理环境案件看环境保护与节约的深层生态学途径

None Rochmani, Wenny Megawati, Adi Suliantoro, Dyah Listyarini
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摘要

目的:本文的目的是考察和分析法官在法庭上解决环境案件时是否以保护和拯救环境为导向,以及他们所遇到的障碍。理论框架:人类在满足自身需求的过程中,有时会忽略对环境造成的影响。此外,如果人类认为环境是用来实现其利益的对象,那么环境污染和/或破坏肯定是被忽视的。这将导致环境的可持续性无法实现。同样,法官在法庭上解决环境案件时,如果不采用深层生态学的方法,不以保护和拯救环境为导向,那么环境的可持续性是不容置疑的。方法:本研究采用社会法律方法进行研究,强调描述社会和法律现实,并试图理解和解释两者之间关系的逻辑。结果与结论:研究结果表明,审理环境案件的法官没有以保护和拯救环境为导向。法官在实现生态正义的司法过程中遇到的障碍是越权原则,它束缚了法官在探索以保护和拯救环境为导向的环境案件中。审理环境案件的法官不以保护和拯救环境为导向。法官在实现生态正义的司法过程中遇到的障碍是越权原则,它束缚了法官在探索以保护和拯救环境为导向的环境案件中。研究的意义:这对继续关注环境和他们所经历的障碍的研究有意义,特别是对法官在执法方面。
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Deep –Ecology Approach to Environmental Protection and Saving Through Environmental Case Settlement in Court
Objective: The purpose of this article is to examine and analyze whether judges in resolving environmental cases in court are oriented towards protecting and saving the environment and the obstacles they experience. Theoretical framework: Humans in meeting their needs sometimes pay less attention to the impact that will be caused on the environment. Moreover, if humans think that the environment is used as an object to fulfill their interests, then environmental pollution and/or damage is certainly ignored. This will result in environmental sustainability not being realized. Likewise with judges who, when resolving environmental cases in court, do not use a deep-ecology approach and are not oriented towards protecting and saving the environment, the sustainability of the environment cannot be questioned. Method: This research is examined utilizing a socio-legal approach, which places an emphasis on describing social and legal realities as well as attempting to comprehend and explicate the logic underlying the relationship between the two. Results and conclusion: The results of the research show that judges who handle environmental cases are not oriented towards protecting and saving the environment. The obstacle experienced by judges in the judicial process to realize ecological justice is the principle of ultra-petita which shackles judges in exploring environmental cases that are oriented towards protecting and saving the environment. Judges who handle environmental cases are not oriented towards protecting and saving the environment. The obstacle experienced by judges in the judicial process to realize ecological justice is the principle of ultra-petita which shackles judges in exploring environmental cases that are oriented towards protecting and saving the environment. Imlications of the research: This has implications for continuing research to focus on the environment and obstacles they experience, especially for judges in enforcing the law.
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