Enforcement of Environmental Law as Fulfillment of Human Rights

  • M. Guntur Ohoiwutun Advocate of District Merauke, West Papua
  • Tuti Haryanti Faculty of Shariah and Economic Islam, IAIN Ambon
  • Nurhayati Faculty of Law, University of Tadulako, Palu
Keywords: Law Enforcement, Environmental Rights, Human Rights

Abstract

The right to a good and healthy environment is one of the human rights which has been regulated in the 1945 Constitution of the Republic of Indonesia as a state constitution. As a constitutional mandate, the government has ratified several laws and regulations relating to the management and preservation of the environment. The ability of the state to enforce laws relating to the environment has not been carried out optimally. The type of research used in this study is qualitative which seeks to uncover and analyze how law enforcement for environmental damage in the fulfillment of human rights. This type of research is normative research. The results of the study show that not fulfilling the right to a healthy environment is a violation of human rights, so the state needs to enforce the law in order to protect and fulfill the rights to the environment as the responsibility of the state. Law enforcement efforts that need to be done are by changing environmental regulations, synchronizing the environmental management law with the Human Rights Law, as well as the active role between the government, law enforcement and the community in handling environmental issues based on the principles of justice and transparency

 

Published
2019-07-28
How to Cite
Ohoiwutun, M. G., Haryanti, T., & Nurhayati. (2019). Enforcement of Environmental Law as Fulfillment of Human Rights. International Journal of Global Community, 2(2 - July), 167-178. Retrieved from http://journal.riksawan.com/index.php/IJGC-RI/article/view/40
Section
Articles