Exploring Ecological Justice in the Regulatory Framework of Land Ownership, Utilization, Control, and Inventory in Indonesia

Q3 Economics, Econometrics and Finance

Journal of Environmental Management and Tourism Pub Date : 2023-12-08 DOI:10.14505/jemt.v14.7(71).11

Agung Basuki, Lego Karjoko, I. G. A. K. R. Handayani

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Abstract

The aim of this study is to provide a comprehensive analysis of environmental justice elements in land inventory, tenure, ownership, use and use (IP4T) management, as described in TAP MPR IX/2001 and Government Regulation No. 16. 2004 on land administration. This study uses a standard legal research method integrating both a legal and conceptual approach. The author's study indicates that environmental justice is included in the IP4T law, as stated in TAP MPR IX/2001, as well as in Government Law No. 16 on Spatial Planning. According to Article 23 of Government Regulation No. 16/2004, IP4T maps must be taken into account for all spatial and regional planning. These maps contain more than just information on land ownership, use, and use. In addition, the IP4T dataset includes assessments of land capacity and valuation, so environmental dimensions associated with land are examined. The definition of environmental justice can be derived from Section 3, Section 5 and Section 6, Paragraph (2) of TAP MPR IX/2001. However, in practice, many inconsistencies remain and undermine basic principles of environmental justice. These irregularities are particularly widespread in the context of the implementation of IP4T (Integration Policy for Transition) within the mining industry.

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探索印度尼西亚土地所有权、利用、控制和清查监管框架中的生态正义

本研究的目的是根据关于土地管理的 TAP MPR IX/2001 和第 16 号政府条例，对土地清查、保有权、所有权、使用和使用（IP4T）管理中的环境正义要素进行全面分析。2004 年关于土地管理的政府条例。本研究采用了标准的法律研究方法，将法律和概念方法融为一体。作者的研究表明，正如 TAP MPR IX/2001 以及关于空间规划的第 16 号政府法所述，环境正义已被纳入 IP4T 法。根据第 16/2004 号政府条例第 23 条，所有空间和区域规划都必须考虑到 IP4T 地图。这些地图不仅仅包含土地所有权、使用和用途方面的信息。此外，IP4T 数据集还包括对土地容量和价值的评估，因此与土地相关的环境问题也会得到研究。环境正义的定义可从 TAP MPR IX/2001 第 3 节、第 5 节和第 6 节第（2）段中得出。然而，在实践中仍存在许多不一致之处，损害了环境正义的基本原则。在采矿业实施 IP4T（过渡一体化政策）的过程中，这些不规范现象尤为普遍。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Journal of Environmental Management and Tourism Economics, Econometrics and Finance-Economics and Econometrics

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期刊介绍： Journal of Environmental Management and Tourism is an interdisciplinary research journal, aimed to publish articles and original research papers that should contribute to the development of both experimental and theoretical nature in the field of Environmental Management and Tourism Sciences. Journal will publish original research and seeks to cover a wide range of topics regarding environmental management and engineering, environmental management and health, environmental chemistry, environmental protection technologies (water, air, soil), pollution reduction at source and waste minimization, energy and environment, modeling, simulation and optimization for environmental protection; environmental biotechnology, environmental education and sustainable development, environmental strategies and policies, etc. This topic may include the fields indicated above, but are not limited to these. Authors are encouraged to submit high quality, original works that discuss the latest developments in environmental management research and application with the certain scope to share experiences and research findings and to stimulate more ideas and useful insights regarding current best-practices and future directions in Environmental Management.