基于环境法的巴厘乡村旅游法规

I. Budiartha, I. Sugiartha, A. A. S. L. Dewi
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引用次数: 0

摘要

根据1945年《印度尼西亚共和国宪法》第28条h款的规定,为获得清洁和健康的大气而进行的环境管理是每个印度尼西亚公民的一项人权。环境管理不善导致环境质量的恶化。因此,有必要加强对其的保护和管理。管理环境以促进乡村旅游的发展是社区成员(商业行为者和政府)的责任。政府与商业行为者和社区在保护环境方面的职能是公共服务的职能,以确保每个居民都能获得良好和健康的环境。因此,如果商业行为者或公众不履行其义务,并且不符合环境保护的性质,政府可以要求商业行为者和公众对其在开展活动时在行政、民事或刑事方面疏忽保护环境负责。同样,如果政府被证明采取了不符合环境保护和管理法律规定的行为,他们可以承担法律责任。本研究是有资格作为实证法律研究,应用了几种类型的方法,如基于实地的方法,法定方法,概念方法,比较方法,案例方法和基于当地社区智慧的文化方法。这项研究的结果表明,环境管理是一项履行极其困难的责任的努力,其结果是环境质量的下降,这种情况正日益成为现实。因此,在发生污染和破坏环境的情况下,肇事者可以在民法和刑法上被追究责任。而在巴厘岛这样的环境中,将社会在保护和保存环境中发展起来的价值观整合起来的法规,是合理保护和管理环境,实现旅游可持续发展的理想形式。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Environment Law-Based Rural Tourism Regulations in Bali
An environmental management made for the purpose of obtaining clean and healthy atmosphere is a human right of every Indonesian citizen as mandated in Article 28H of the 1945 Constitution of the Republic of Indonesia. Poor environmental management contributes to the deterioration of the quality of the environment. Therefore, it is necessary to increase its protection and management. Managing the environment for the benefit of rural tourism development is the responsibility of community members who are business actors and the government. The function of the government together with business actors and the community in preserving the environment is a function of public services to ensure that every resident obtains a good and healthy environment. Thus, in the event that business actors or the public fail to carry out their obligations and which are not in accordance with the nature of environmental conservation, the government may hold the business actors and the public accountable, who in carrying out their activities, are negligent in preserving the environment, either administratively, civilly or criminally. Likewise, in the event that the government is proven to have taken actions that are not in line with the provisions of the law on environmental protection and management, they can be held legally liable. This study is qualified as empirical legal research, with the application of several types of approaches, such as a field-based approach, a statutory approach, a conceptual approach, a comparative approach, a case approach, and a cultural approach based on local community wisdom. The results of the study show that environmental management is an effort to carry out responsibilities that are massively difficult, resulting in a decrease in the quality of the environment that is becoming increasingly real. Therefore, in the event that pollution and environmental destruction occur, the perpetrators can be held accountable both in civil law and criminal law. However, in a context like Bali, regulations integrating the values ​​that develop in society in protecting and preserving the environment are an ideal form to protect and manage the environment in a rational way to realize sustainable tourism development.  
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