Penegakan Hukum Lingkungan Terhadap Masyarakat Adat Yang Melakukan Eksploitasi Di Wilayah Pesisir
)
(1) Fakultas Hukum Program Studi Diluar Kampus Utama Universitas Pattimura, Dobo, Indonesia
Corresponding Author
Abstract
Introduction: Environmental law enforcement is one of the processes carried out to provide legal certainty. In principle, indigenous peoples always carry out exploitation in coastal areas, so law enforcement is needed so that it can run optimally, where this experiences obstacles in the process and causes environmental law enforcement to not run effectively.
Purposes of the Research: To find out the enforcement of environmental law against indigenous communities who exploit coastal areas and the obstacles in enforcing environmental law for indigenous communities in coastal areas.
Methods of the Research: The method used in this study is normative- juridical, which focuses on the main law by examining theories, concepts, legal principles, and laws and regulations related to this research.
Results of the Research: Environmental law enforcement can run well through criminal, administrative and civil aspects. Enforcing environmental laws for indigenous communities against exploitation in coastal areas has become very difficult. This is influenced by legal factors, law enforcement, facilities and infrastructure, society and culture itself. These five factors are one of the things that causes environmental law enforcement to not run optimally. For this reason, there must be cooperation between regional governments and law enforcement in order to prevent prolonged exploitation and cause marine areas to become damaged and not well controlled, so that regional governments must coordinate with stakeholders in the regions, in this case the environmental services and village governments. locally to follow up on problems in coastal areas resulting from sand and coral mining by indigenous communities.Keywords
DOI
10.47268/balobe.v4i2.2053
Published
2024-10-31
How To Cite
@article{balobe2053,
author = {Ricky Wattimena},
title = {Penegakan Hukum Lingkungan Terhadap Masyarakat Adat Yang Melakukan Eksploitasi Di Wilayah Pesisir},
journal = {Balobe Law Journal},
volume = {4},
number = {2},
year = {2024},
keywords = {Law Enforcement; Indigenous Peoples; Coastal Areas.},
abstract = {Introduction: Environmental law enforcement is one of the processes carried out to provide legal certainty. In principle, indigenous peoples always carry out exploitation in coastal areas, so law enforcement is needed so that it can run optimally, where this experiences obstacles in the process and causes environmental law enforcement to not run effectively.Purposes of the Research: To find out the enforcement of environmental law against indigenous communities who exploit coastal areas and the obstacles in enforcing environmental law for indigenous communities in coastal areas.Methods of the Research: The method used in this study is normative- juridical, which focuses on the main law by examining theories, concepts, legal principles, and laws and regulations related to this research.Results of the Research: Environmental law enforcement can run well through criminal, administrative and civil aspects. Enforcing environmental laws for indigenous communities against exploitation in coastal areas has become very difficult. This is influenced by legal factors, law enforcement, facilities and infrastructure, society and culture itself. These five factors are one of the things that causes environmental law enforcement to not run optimally. For this reason, there must be cooperation between regional governments and law enforcement in order to prevent prolonged exploitation and cause marine areas to become damaged and not well controlled, so that regional governments must coordinate with stakeholders in the regions, in this case the environmental services and village governments. locally to follow up on problems in coastal areas resulting from sand and coral mining by indigenous communities.},
issn = {2775-6149}, pages = {51--61} doi = {10.47268/balobe.v4i2.2053},
url = {https://fhukum.unpatti.ac.id/jurnal/balobe/article/view/2053}
}
Artikel Jurnal
Helmi, “Hukum Lingkungan dalam Negara Hukum Kese jahteraan Untuk Mewujudkan Pembangunan Berkelanjutan”, Inovatif; Jurnal Ilmu Hukum, Vol 4. No. 5 Tahun 2011.
Siti Sundari Rangkuti, “Penegakan Hukum Lingkungan Administratif di Indonesia”, Pro Justitia, Tahun XVII, No, 1 Januari 1999.
Buku
Agus Surono, Memahami Hukum Dari Konstruksi Sampai Implementasi, Raja Grafindo Persada, Jakarta, 2015.
Luh Putu Sudini. Pengelolaan Pencemaran Laut Di Indonesia. Dinas Kelautan, Surabaya. 2015.
Mas Ahmad Santosa, Good Governance Hukum Lingkungan, ICEL, Jakarta, 2001.
Siti Sundari Rangkuti, Hukum Lingkungan dan Kebijaksanaan Lingkungan Nasional, Edisi Kedua, Airlangga University Press, Surabaya, 2000.
Soepomo dalam B. Riyanto, Pengaturan Hutan Adat di Indonesia, Sebuah Tinjauan Hukum Terhadap Undang-Undang Nomor 4 Tahun 1999 tentang Kehutanan, Lembaga Pengkajian Hukum Kehutanan dan Lingkungan, Bogor, 2004.
Soerjono Soekanto, Beberapa Permasalahan Hukum Dalam Kerangka Pembangunan di Indonesia, UU Press, Jakarta, 1983.
Suriyaman Mustari, Hukum Adat Dahulu, Kini dan Akan Datang, Fajar Interpratama Mandiri, Jakarta, 2014.
Online/World Wide Web dan Lain-Lain
B. Rudito, Peran Antropologi Dalam Pembinaan Masyarakat Terasing, Makalah Pada Seminar Jubelium ke-10 Jurnal Antropologi Indonesia, tanggal 6-8 Mei 1999.
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Penegakan Hukum Lingkungan Terhadap Masyarakat Adat Yang Melakukan Eksploitasi Di Wilayah Pesisir |
| 2. | Creator | Author's name, affiliation, country | Ricky Marthen Wattimena; Fakultas Hukum Program Studi Diluar Kampus Utama Universitas Pattimura, Dobo; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Law Enforcement; Indigenous Peoples; Coastal Areas. |
| 4. | Description | Abstract | Introduction: Environmental law enforcement is one of the processes carried out to provide legal certainty. In principle, indigenous peoples always carry out exploitation in coastal areas, so law enforcement is needed so that it can run optimally, where this experiences obstacles in the process and causes environmental law enforcement to not run effectively.Purposes of the Research: To find out the enforcement of environmental law against indigenous communities who exploit coastal areas and the obstacles in enforcing environmental law for indigenous communities in coastal areas.Methods of the Research: The method used in this study is normative- juridical, which focuses on the main law by examining theories, concepts, legal principles, and laws and regulations related to this research.Results of the Research: Environmental law enforcement can run well through criminal, administrative and civil aspects. Enforcing environmental laws for indigenous communities against exploitation in coastal areas has become very difficult. This is influenced by legal factors, law enforcement, facilities and infrastructure, society and culture itself. These five factors are one of the things that causes environmental law enforcement to not run optimally. For this reason, there must be cooperation between regional governments and law enforcement in order to prevent prolonged exploitation and cause marine areas to become damaged and not well controlled, so that regional governments must coordinate with stakeholders in the regions, in this case the environmental services and village governments. locally to follow up on problems in coastal areas resulting from sand and coral mining by indigenous communities. |
| 5. | Publisher | Organizing agency, location | Fakultas Hukum Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2024-10-31 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/balobe/article/view/2053 |
| 10. | Identifier | Digital Object Identifier | 10.47268/balobe.v4i2.2053 |
| 11. | Source | Title; vol., no. (year) | Balobe Law Journal; Volume 4 Issue 2, October 2024 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
| 15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
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