Online ISSN: 2515-8260

Keywords : Environmental Law

Initiating Omnibus Law In Environmental Field In Indonesia: Between Tradition And Renewal

Irwansyah .; Romi Librayanto; Hijrah Adhyanti M; M. Zulfan Hakim; Ahsan Yunus

European Journal of Molecular & Clinical Medicine, 2020, Volume 7, Issue 7, Pages 1131-1138

Environmental pollution and damage is a major problem in the environmental field. Therefore, the regulation to prevent and overcome environmental damage becomes very important. This research is a normative-legal research using a statute, comparative and conceptual approaches. The results show that in Indonesia, Omnibus Law is possible to be implemented to simplify legislation in the environmental field. However, before doing this Omnibus Law method, it is necessary to first stipulate the scope of environmental law material which is the basis for grouping/clustering in Omnibus Law in the field of environmental legislation. It is also necessary to identify laws whose material will be changed, revoked and then merged in an Omnibus Law. The next step is the selection of material from the identified laws which are categorized as overlapping rules which will then be simplified in Omnibus Law. The drafting of a law using Omnibus Law method must also considers the time. The more material rules that will be included in an Omnibus Law, requires a longer time.

Legal Protection For Environmental Damage As Result Of Forest And Land Fires In Indonesia

Wahdah Zainal Imam; Zulkifli Aspan

European Journal of Molecular & Clinical Medicine, 2020, Volume 7, Issue 7, Pages 1166-1176

The aims of the research are to determine the essence of environmental damage and losses
due to a forest and land fire. The type of study is a normative or doctrinal research
supported by empirical data. The results of the research indicated that the environmental
loss arising from environmental damage and/or pollution does not constitute a lo ss of
private property owned by an individual (person), so juridically the right to sue for
environmental damages is equated with the persons with rights and obligations of other
legal subjects (human/legal entity). Compensation for environmental losses du e to forest
and land fires in Indonesia is carried out through the government's legal right. However,
the environmental law has given authority to the government agencies responsible for
carrying out public legal actions and at the same time the authority to enforce civil law,
which is in the field of Private Law; The Attorney General's authority in submitting a
claim for environmental compensation is carried out based on the existence of a special
power of attorney from the government agency responsible fo r the environment. Law
enforcement in the field of civil law, can be made arrangements to provide direct authority
(attributive) to the prosecutor's institution to be able to make a claim for compensation for
environmental damage caused by forest and land fires in Indonesia.