Zen, Febrian and Romsan, Achmad (2016) ENVIRONMENTAL RIGHTS IN THE INDONESIAN ENVIRONMENTAL LAW (EMAs) TOWARD THE ESTABLIHMENT OF ASEAN HUMAN RIGHTS COURT. In: The First International Conference On Law, Economics, and Aducation. Universitas Muhammadiyah Metro, Bandar Lampung, p. 6. ISBN 978-802-74135-3-5
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Abstract
The notion of environmental rights is not clearly defined in the first EM A 1982 and the second EM A 1997. In the third EM A 2009. the notion of environmental rights is integrated into human rights. The questions are how to implement the protection of the people's environmental human rights; does Human Rights Court have jurisdiction over the environmental human rights violation. These questions arise in correlation of The ASEAN Economic Community (AEC). Under the AEC, the ASEAN Court of Human Rights will be established. If the community environmental rights is not clear formulated in the EMA, therefore the role of National Commission of Human Rights (KOMNAS HAM) and of the Environmental Court will be less important. As the peoples from ASEAN countries will be able to submit their claims of their environmental human rights impaired to the SEAN Commission of Human Rights. This paper tries to examine and analyze the community environmental disputes which have been decided by the District Court within the period of the application of the EMAs. All the data obtained are in form of secondary data and are descriptively and qualitatively analyzed. The findings conclude that environmental rights and also environmental human rights as protected rights are not fully protected the victims of pollution and environmental degradation. As a result, there must be an amendment to the existing environmental human rights law instruments, including the law on human rights court in Indonesia to include environmental issues
| Item Type: | Book Section |
|---|---|
| Uncontrolled Keywords: | environmental rights, environmental human rights, Indonesian Environmental Management Acts(EMAs), environmental disputes. |
| Subjects: | K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence |
| Divisions: | 02-Faculty of Law > 74201-Law (S1) |
| Depositing User: | Dody Nopriansyah MbuL |
| Date Deposited: | 03 Dec 2019 09:25 |
| Last Modified: | 03 Dec 2019 09:25 |
| URI: | http://repository.unsri.ac.id/id/eprint/19581 |
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