Human Rights Approach in Environment Law Enforcement based on Law Number 23/2009

Authors

  • Lanny Ramli Airlangga University

DOI:

https://doi.org/10.33448/rsd-v8i10.1417

Keywords:

administrative punishment; environment law; human rights; legal right

Abstract

Individual has the same rights to have prosperity life including the right to have healthy life. In this research, the objective of the study is to discuss about the enforcement of environmental law based on Law Number 32 of 2009 about Environmental Protection and Management based on a human rights. Using The results found that the administrative punishment is a quick way and appropriate to stop the violation in environment. It is due to the punishment is given without going through court processing. Administrative punishment is referred to the violation not to the person. In addition, imposition of administrative punishment is not aimed to punish the violator, but it is more concern to the recovery the situation (reparatoir).

References

Baut, Paul S, Benny K Harman, and Eds Beny. (1988). Kompilasi Deklarasi Hak Asasi Manusia. Jakarta: YLBHI

Bridge, John William. (1973). Fundamental Rights: A Volume of Essays to Commemorate the 50th Anniversary of the Founding of the Law School in Exeter, 1923-1973. Sweet & Maxwell

Cranston, Maurice. (1983). Are There Any Human Rights?. Daedalus: 1–17

Hadjon, Philipus Mandiri. (2007). Perlindungan Hukum Bagi Rakyat di Indonesia Edisi Khusus. Jogjakarta: Peadaban

Lubis, Todung Mulya. (1993). Hak-Hak Asasi Manusia Dalam Masyarakat Dunia. Jakarta: Yayasan Obor Indonesia

Lubis, Todung Mulya. (2009). Menegakkan Hak Asasi Manusia, Menggugat Diskriminasi. Jurnal Hukum & Pembangunan Vol. 39 (1): 58-73

Soekanto, Soerjono. (1983). Faktor-Faktor Yang Mempengaruhi Penegakan Hukum. Rajawali

Zuckerbrot, Ari. (2018). Impact: How Law Affects Behavior, by Lawrence M. Friedman. Osgoode Hall Journal Vol.55 (3): 846-852.

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Published

24/08/2019

How to Cite

RAMLI, L. Human Rights Approach in Environment Law Enforcement based on Law Number 23/2009. Research, Society and Development, [S. l.], v. 8, n. 10, p. e458101417, 2019. DOI: 10.33448/rsd-v8i10.1417. Disponível em: https://rsdjournal.org/index.php/rsd/article/view/1417. Acesso em: 19 apr. 2024.

Issue

Vol. 8 No. 10

Section

Human and Social Sciences

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