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I Gusti Ayu Ketut Rachmi Handayan
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KRISIS AIR, ILLEGAL LOGGING DAN PENEGAKAN HUKUM LINGKUNGAN Dl INDONESIA

YUSTISIA Vol 69 (2006)
Publisher : YUSTISIA

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Abstract

The protection and preservation ofthe environment isnowperceived asbeing ofcrucial importance to the future of mankind, and public bodies both national and international are taking significant steps towards theestablishment oflegislation which will promote the protection ofthe environment. The number of critical watershed in Indonesia increases from time to time. In 1980s there were only 22 areas, but in 1990s itincreased into 35 areasandin 2003italready reached into 69 areas. Almost 70% of thesecritical areaslocate in Java island. One ofthe weaknesses in the integrated watershed management in Indonesia is the decreasing quality oflaw enforcement, especially for the regulations pertaining to water resources, spatial planning, and conservation ofnatural resources together with the ecosystem.

GREEN CONSTITUTION SEBAGAI PENGUATAN NORMA HUKUM LINGKUNGANDAN PEDOMAN LEGAL DRAFTING PERATURAN PERUNDANG-UNDANGAN Dl INDONESIA

YUSTISIA Vol 82 (2011)
Publisher : YUSTISIA

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Abstract

There are crisis ofecosystems and the environment faced by Indonesia. The legislative norms ofenvironmental law both the local level cities, countries and provinces is needed along with efforts at thenational and international levels tostrengthen democracy and the law, and good governance. Local government in this regard the executive and parliamentplays an important role in generating and strategic positionon the environment, donot overlap and the harmony between regulation and legislation on it. In fact thereare alot ofregulations that are not harmonious and overlapping functions even does no tprotect the environment (not based on green legislation). In fact, many regulations are canceled and contrary to the Act. Thisis due to the lack of knowledge and understanding of local government officials and parliament about thelegal drafting oflaws and budget constraints. On the other hand, this term includees a new addition, understanding and sensitivity of the apparatus itself ongreen legislation is verylimited, the procedure ofdrafting local regulations that are not responsive to the importance ofenvironmental functions in the future. It is very important is that the conditions from one region to another is differentsoit will be very influential on the laws that were produced later, ifthe norm isgood and good process andin accordance with local conditions. It is therefore necessary to build and create formulations local regtion that is basedonlegislation and create green practices ofgood governance.