Legal Protection “Substantive Rights for Environmental Quality” on Environmental Law Against Human Rights in the Constitution in Indonesia

DOI

10.2991/aebmr.k.200513.136How to use a DOI?

Keywords

legal protection, substantive right, human rights environmental law

Abstract

Environmental law is a field of law called functional law, which is a field of law that contains the provisions of state administrative law. Because if we look at the third, both UULH 1982, UULH 1997 and UUPPLH 2009, contain norms of laws that fall into the field of state administrative law. Therefore, in all aspects, environmental law will always intersect with basic human rights, both administratively. Rights and problems are a problem that is almost a hot topic that is discussed all the time, how not, because the issue of rights is a problem that directly affects the identity of human beings as rights holders. Meanwhile efforts to uphold and recognize human rights continue to be endeavored to guarantee the protection and recognition contained in various constitutions, both in international and national (Indonesian) regulations. Included in the effort to accommodate the rights to the environment and the rights of the environment itself. For the size of Indonesia, 3 (three) environmental laws have evolved that try to raise the norms of individual rights and social rights into the formulation of their articles, either by adopting (ratifying) the results of international meetings or by exploring for themselves environmental awareness of the community, or sometimes through jurisprudence. Apart from the existence of these efforts, in reality still at the level of implementation, sometimes there are still rights that are violated (including environmental rights), especially regarding community rights.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Fatma Ulfatun Najicha
AU  - I Gusti Ayu Ketut Rachmi Handayani
AU  - Hartiwiningsih
PY  - 2020
DA  - 2020/05/20
TI  - Legal Protection “Substantive Rights for Environmental Quality” on Environmental Law Against Human Rights in the Constitution in Indonesia
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 719
EP  - 724
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.136
DO  - 10.2991/aebmr.k.200513.136
ID  - Najicha2020
ER  -