History of the Development of Environmental Law

History of the Development of Environmental Law

It is undeniable that environmental problems have become an issue and concern for experts

and environmentalists. The impact of industrialization, one of which causes environmental

pollution in the form of industrial waste. Technological advances in agriculture have increased

the use of pesticides and artificial fertilizers that threaten the balance of ecosystems. Not to

mention large-scale mining activities that result in environmental damage in a relatively short

time. These events have made stakeholders and the general public begin to realize and see the

occurrence of increasingly severe environmental damage.

1. UN conference on the environment in Stockholm

formed to hold an initial meeting to discuss the agenda to be discussed at the conference.

Finally, after working for some time, the preparatory committee succeeded in meeting and

discussing in 1971. The preparatory committee in its report suggested the existence of 6

material subjects as the main agenda, which are as follows:

a. Improving the quality of the residential area's environment;

b. Natural resource management;

c. Environmental pollution control;

d. Development and environment;

e. Education, culture, and social issues in relation to the environment;

f. The existence of international organizations in environmental issues.

a. The Declaration on the Human Environment, consisting of: preambul and 26 principles

commonly called the Stockholm Declaration;

b. The action plan for the human environment consists of 109 recommendations, including

18 recommendations on the planning and management of human settlements;

c. Recommendations on institutions and finances that support the action plan above, consist

of:

1. the governing council of the environmental program (UN Environment Programme =

UNEP);

2. Secretariat, which is headed by an executive director;

3. Environmental funds;

2. Kenya Conference

Realizing the above, along with the increasing severity of environmental problems in

the world, and coinciding with the 10th anniversary of the United Nations conference on the

environment, in a meeting of government representatives in the Government Council in 1982,

in Kenya. All participants agreed to introspect, evaluate and review how this development

direction should be perfected. In the meeting, it was also proposed to establish a world

commission for environment and development (WCED). This proposal was brought to the UN

General Assembly in December 1983 and it was agreed to establish a commission to study

environmental and development challenges by the year 2000 and ways to address them. In

1984, Secretary General. The UN appointed Mrs. Gro Harleem Brundtland, Prime Minister of

b. Proposals for the establishment of cooperation between countries, both developing and

developed countries, that support and respect each other in overcoming environmental

problems and taking into account relations between populations;

c. Proposed work agendas in the short and long term in handling global environmental

problems.

Principle no. 2 of the Stockholm Declaration states that natural resources must be saved for

the welfare and benefit of humankind, at the present time and future generations through as

careful planning or management as possible. The Stockholm Declaration is a forerunner in

global environmental management. As a follow-up to the 1972 Stockholm Conference, the

United Nations established a world concervation union tasked with drafting a work plan for the

human environment. The work plan is prepared according to the group of all recommendations

To implement the program, the United Nations established the United Nations

Environmental Development (UNED) based in Kenya. However, in its development, very few

resolutions of the Stockholm Conference could be implemented. On the other hand, the needs

of development and the economy continue to accelerate to meet human needs which are

increasing the number of people in the world. The convergence between the increasing needs

of development and the economy with the increasing number of the world's population has

resulted in an increase in the use of natural resources. Along with that, the variety or type of

environmental damage after the 1972 Stockholm Conference has increased and can no longer

be overcome by using international legal instruments applied to new cases of environmental

damage.

Environmental damages that fall into this new category include:

that can be used to reduce environmental damage while still ensuring the sustainability of

development. In order to prepare the concept, the United Nations established WCED (World

Commission on Environment and Development) with the task of making a study and

assessment on the alignment of environmental protection and development. Under the Kyoto

Protocol, industrialized countries are required to reduce greenhouse gas (GHG) emissions by

at least 5% from 1990 levels, during 2008-2012. CDM (Clean Development Mechanism) is a

mechanism that offers solutions between developed and developing countries to reduce

greenhouse gas (GHGS) emissions.

Developed countries will assist developing countries in their efforts to reduce greenhouse

gas (GHGs) emissions. Developed countries will invest their capital in developing countries in

projects that can reduce GHGs emissions, in exchange for CER (Certified Emission

Reductions), and contribution to the achievement of the goals of the Convention on Climate

Change (UNFCCC). In the forestry sector, CDM can be directed to support the development

3. Konferensi Rio de Janeiro

The conference in Rio de Janeiro was the second UN conference on the environment

after the first UN conference on the environment in Stockholm, Sweden in 1972. The Rio de

Janeiro Conference held in Brazil on June 3-14, 1972, commonly referred to as the "Earth

Summit", has produced the following 5 (five) documents:

the rights and responsibilities of nations in fighting for human development and well-

being

development of all types of forests, which are an absolute element for economic

development and the preservation of all forms of life;

The outcome of the Rio de Janeiro Declaration conference sets out a series of principles as a

guideline for future development. These principles establish human rights to development, and

human responsibility for the preservation of the common environment. In addition, the

declaration states that the only way to achieve long-term economic progress is to link it to

environmental protection. This can only happen if nations forge a new and just global

partnership, involving governments, peoples and key sectors of society. They also created

international agreements that protect the global environment and development systems. Other

principles in the declaration also include environmental and development issues related to the

circumstances and needs of developing countries that need attention. In this regard, cooperation

is needed between each nation and state to eliminate poverty which is the main condition for

generations to come. In the context of environmental conservation, the government has

issued regulations related to environmental conservation and management. A good and healthy

living environment is a human right of every Indonesian citizen as mandated in Article 28 of

the Constitution of the Republic of Indonesia in 1945.

1. Definition of Environment

The definition of the environment according to Law No. 32 of 2009 concerning

Environmental Protection and Management. What is meant by the environment is the unity of

environment in question is the Indonesian living environment.

Legally, Indonesia's environment includes the space where the country is sovereign and its

jurisdiction. In this case, the environment crosses between two continents and two oceans with

a tropical climate and weather and seasons that provide natural conditions and a position with

a high strategic role of value as a place for the people and nation of Indonesia to organize the

life of society, nation and state in all its aspects. In addition, Indonesia has the second longest

coastline in the world with a large population. Indonesia has a wealth of biodiversity and

abundant natural resources. The wealth needs to be protected and managed in an integrated and

integrated environmental protection and management system between the marine, land, and air

environments based on environmental insights. Thus, the insight in organizing the protection

and management of the Indonesian environment is the insight of the archipelago.

2. Ecology

Ecological science comes from the Greek word oikos which means house and logos which

means science, is part of biological science that studies the interaction between living things

and their environment. Or in other words, ecology is the science that studies organisms within

their habitats and their mutual relationship with their environment. At this time with various

needs and interests, ecology is developing as a science that not only studies what exists and

what happens in nature, ecology has developed into a science that studies the structure,

function, and ecosystem so that it can analyze and give answers to various natural events.

3. Ecosystem

Ecosystem is a reciprocal and interdependent relationship between living things, both humans,

this will cause other components to be disturbed, both the animals that live in the forest, the

soil layer, the state of the springs, and so on. Overall, the ecosystem of the forest area will be

4. Environmental Law

The substance of environmental law, if viewed from its function, environmental law

contains rules about community behavior and its impact on the surrounding environment, either

directly or indirectly. Environmental law regulates what is prohibited and what is allowed to

be done by the community to the environment.

Environmental law can be distinguished from environmental problems that are its scope in four

areas:

a. Environmental planning law,

b. Environmental pollution control law,

c. Environmental dispute settlement law and

with similar directions and characteristics. Therefore, the nature of the UULH regulates the

main provisions of environmental management. The Law and Law No. 32 of 2009 contain the

main principles and principles for environmental management so that it functions as an

umbrella act for the preparation of other laws and regulations related to the environment and

for the adjustment of existing laws and regulations. The Law contains the main provisions that

environmental management is based on the preservation of harmonious and balanced

environmental capabilities to support balanced development for the improvement of human

welfare.

Meanwhile, the objectives of environmental management are:

a. The achievement of harmony in the relationship between humans and the environment

cause environmental damage and pollution.