Environmental Judge Certification in an Effort to Realize the Green Legislation Concept in Indonesia

Q1 Social Sciences
Indah Nur Shanty Saleh, Bita Gadsia Spaltani
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引用次数: 5

Abstract

The purpose of this research is to find out, analyze, and explain the certification of environmental judges in an effort to realize the concept of green legislation in Indonesia. This research is a normative or doctrinal legal research. The data analysis was carried out qualitatively, so it is hoped that the discussion can accurately answer the problem formulation. This research resulted in the following conclusions: first; Environmental judge certification is important in the effort to implement green legislation in Indonesia based on four considerations, namely: in the context of realizing the 1945 Indonesian Constitution as a green constitution, the strategic role of judges’ decisions in realizing human and environmental justice, contributing to the effectiveness of environmental law enforcement. as well as for the integrated exercise of judicial or judicial powers in the principles of trias politica. Second, that with regard to the application of environmental judge certification in an effort to realize green legislation, the government has issued the RI KMA Decree Number: 134/KMA/SK/IX/2011 which regulates Certification of Environmental Judges which is used as a reference point for legal development regarding the judge certification system. environment in the settlement of civil, criminal and state administration cases in the environmental field. At the same time, judges training and coaching are conducted every year so that the need for the number of certified environmental judges is met in each region. Third, that the direction of legal reform relating to the provisions of environmental judge certification in an effort to realize green legislation can be carried out through guarding the environmental judge certification policy by cooperating with various parties; increase the capability of judges in the field of environmental science; as well as strengthening the judges’ thinking paradigm so that it is pro-environment or pro-natura (green thinking) as a form of embodiment of environmental legal norms according to the green constitution and green legislation in Indonesia. The benefit of this research is in the context of gaining insight among legal experts and legislative parties in improving the substance of law, especially environmental law which represents the concept of green legislation. This research contains novelty and differences from other research in terms of discouraging ideas and models of public policy reform with the concept of green legislation which is used as a legal umbrella in the form of laws on legal substances related to environmental judge certification.
环境法官认证:印尼实现绿色立法理念的努力
本研究的目的是找出、分析和解释环境法官的认证,以实现印度尼西亚的绿色立法理念。这是一项规范性或理论性的法律研究。数据分析是定性的,因此希望讨论能够准确地回答问题的表述。本研究得出以下结论:第一;环境法官认证在印度尼西亚实施绿色立法的努力中具有重要意义,基于四个方面的考虑,即:在实现1945年印度尼西亚宪法作为绿色宪法的背景下,法官的决定在实现人类和环境正义方面的战略作用,有助于环境执法的有效性。以及在trias politica原则中司法或司法权的综合行使。其次,为了实现绿色立法,在环境法官认证的应用方面,政府颁布了RI KMA法令:134/KMA/SK/IX/2011,该法令规定了环境法官认证制度,作为法官认证制度法律发展的参考点。环境领域民事、刑事和国家行政案件的解决。同时,每年对法官进行培训和指导,以满足每个地区对认证环境法官数量的需求。第三,通过多方合作,维护环境法官资格认证政策,实现绿色立法,是环境法官资格认证相关法律改革的方向;提高环境科学领域法官的能力;加强法官的思维范式,使其亲环境或亲自然(绿色思维)成为印尼绿色宪法和绿色立法中环境法律规范的体现形式。本研究的好处在于获得法律专家和立法各方在改进法律实质方面的见解,特别是代表绿色立法概念的环境法。本研究以绿色立法为概念,以环境法官认证相关法律实体的法律形式作为法律保护伞,在阻碍公共政策改革的思路和模式方面,与其他研究具有新颖性和差异性。
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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来源期刊
CiteScore
6.40
自引率
0.00%
发文量
10
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