UNITED STATES ENVIRONMENTAL PROBLEMS IN THE ERA OF
GLOBALIZATION
Orlan Barley
Arizona State University
Course
Professor Ilana
January, 2024
Week 1
Introduction
In a world that is increasingly "one world, full of differences but which can no longer be
disaggregated and divided", there is a paradox that the local is not bound to die out (as can
happen in a national and modern atmosphere that is centralized and anti-traditional).
Globalism seems to allow localism to revive and coexist as an alternative. When modernism
and thus the supposedly modern national law prove inadequate to solve the many problems of
humanity, what is global (with its post-modern spirit) and what is local (with its pre-modern
moral themes) seem more capable of offering alternatives in economic, political, social,
cultural and legal life to the people.
In order to realize the welfare of the people, environmental law is an instrument of state
administration in environmental protection and management. Environmental law becomes a
guideline in the framework of environmental protection and management. The norms of
environmental protection and management serve as guidelines in the implementation of
environmental permits. The 1945 Constitution mandates the government and all elements of
society to protect and manage the environment in the implementation of sustainable
development, so that the United States environment remains a resource and life support for
the United States people and other living things. Article 33 of the 1945 Constitution is the
basic norm for environmental management in United States, namely:
The economy is structured as a joint venture based on the principle of kinship
Branches of production that are important to the state and that control the lives of many
people are controlled by the state.
The earth, water and natural resources contained therein are controlled by the state and
used for the greatest prosperity of the people.
The national economy is organized on the basis of economic democracy with the
principles of togetherness, fair efficiency, sustainability, environmental insight,
independence, and by maintaining a balance of progress and national economic unity.
Further provisions concerning the implementation of this article shall be regulated by
law.
General provisions of article 1 point 2 of Law Number 32 of 2009 concerning Environmental
Protection and Management (UU- PPLH), environmental protection and management is a
systematic and integrated effort carried out to preserve the function of the environment and
prevent pollution and / or environmental damage which includes planning, utilization,
control, maintenance, supervision, and law enforcement.
So far, environmental management tends to only utilize the environment as an object of
development. Environmental management means management of The environment can be
managed through a management approach. The environmental management approach
prioritizes the ability of humans to manage the environment, so that the view is commonly
referred to as "environmentally friendly". Pro-environmental attitudes and behaviors must not
be anti-development.
The above opinion implies that environmental protection and management must balance the
interests of economic improvement with the interests of preserving the environment and
social. Environmental protection and management efforts based on the norms of
environmental law mean a balance between economic interests, preservation of
environmental functions and social conditions. This is the importance of the principles of
sustainable development in the implementation of government tasks, related to environmental
management. So far, these two things seem to be separated from each other. The government
and the private sector are seen as prioritizing economic interests over environmental
conservation interests.
In environmental protection and management, the state administration is the dominant party.
The dominance of the government is a consequence of a welfare state as described earlier.
Nevertheless, environmental law is still seen as a complement in the implementation of
government tasks. In fact, there is still an assumption that environmental law is an obstacle in
the midst of efforts to spur economic growth. The same condition also applies to the
principles of sustainable development, which is seen as an anti-economic and social
development concept. It would not be an exaggeration to say that the study of the
environment on the one hand and economic issues on the other is inseparable from the
development of the fulfillment of human life which continues to grow dynamically from time
to time. Such developments are understandable as part of the human necessity in fulfilling
their livelihoods, which means it is a necessity for management based on economic
principles. There is profit and loss, supply and demand, balance, saturation point and so on.
The development of science and eco- logy has fulfilled human needs and even desires.
Humans began to control and exploit nature. This situation has resulted in both socio-
economic progress and inequality as well as the degradation of natural resources and the
environment, ultimately leading to issues of justice, welfare, and the sustainability of the
human future itself.
The direction that humans want to achieve is modernization. Modernization, which is
identical to the orientation of economic growth, is not free from various weaknesses,
especially causing problems of ecosystem degradation, marginalization or impoverishment,
social problems and so on. Capital owners and rulers treat nature as an unlimited resource to
be fully utilized for human interests. Other than being exploited, nature is also used as a
garbage dump that is forced to exceed the carrying capacity and capacity of the environment.
The tendency of modernization to accumulate capital and exploit nature has the effect of
encouraging human greed for nature. Certainly, these activities lead to the systematic
destruction of the environment. Technically, it takes the form of large-scale projects, the
result of which is the destruction of the environment. Development that no longer cares about
the rules of conservation is development that uses a philosophical foundation that places
human interests as the main and only consideration in development.
On the one hand, the environment will hinder development, and on the other hand,
development will damage the environment. In reality, it appears that prioritizing economic
growth in development does not ensure the sustainability of development because the
environment is damaged. The environment is also an important element of economic growth,
because if environmental functions decline due to utilization that exceeds the capacity of the
environment, the economy will lose its ability to grow. Based on this, good economic growth
must also be supported by the environment as the container of the web of life. Any economic
development that is carried out needs to take into account the impact on the environment so
as not to kill life itself, so in this case the economy is a subsis- tem of the environment.
It is realized that natural resources are very important for human survival because natural
resources are needed in every human activity. The environment should be organized and
managed properly to support present and future life. It is an obligation for everyone to
maintain the ability of the environment to continue to be utilized for the protection and needs
of humans or other living things.
In relation to the problems that occur (das sein) for example, the rampant acts of pollution, or
certainly environmental crimes lately have not or are not matched by the number of
investigators of the case itself. Technically, the role of the environment ministry in carrying
out law enforcement duties can be said to be still weak, weakness is a variety of reasons, even
though this law should have been effective two years after its enactment (precisely on
October 3, 2011).
In law, one of the most important elements of law enforcement is dedication, or intelligence
and personal professionalism. It was identified that the personnel, in concrete terms, are
environmental Civil Servant Investigators (PPNS) who have not been equipped with the
necessary tools. Of course, the assumption is simple, that no matter how good the rules are
without being enforced by dedicated and qualified personnel, they will not be able to be
implemented optimally. In fact, the idealism of environmental law enforcement is basically a
systematic and integrated effort made to preserve environmental functions. Not only that, it
also includes activities to prevent pollution and/or damage to the environment which includes
planning, utilization, control, maintenance, supervision. The essence of law enforcement is
not merely repressive. Pre-ventive efforts must even be implemented first.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.
Dimensions of Sustainable Development
Decades of development in many countries around the world have resulted in advances in
technology, production, management, information, all of which have improved the quality of
human life. Development planners, especially economists, are quick to point to data on these
advances, such as the declining infant mortality rate and higher life expectancy.
Industrial production over the past few decades has increased rapidly, as has the level of per
capita income in several groups of countries in the world. These achievements of high
economic growth have been accompanied by tremendous pressures on the environment. The
growth of industry in Europe has led to air pollution that invites acid rain, which destroys
forests, lakes, and relics of artistic value.
High. The growth of the paper and wood industries in both developing and developed
countries has contributed to the deforestation of tropical forests in Asia, Africa and South
America.
Forest destruction is caused by industry and clearing forests for agricultural land. In addition,
the continuous burning of fossil fuels has sent large amounts of carbon dioxide into the
atmosphere which is slowly increasing the temperature of the earth. As a result of the
greenhouse effect, it is predicted that in the future there will be an increase in the temperature
of the earth's glo- bale, causing sea levels to rise, which in turn will flood coastal cities and
damage the economy of various nations.
What is of greater concern is the existence of social injustice at both national and
international levels. Increased food production does not automatically solve the problems of
poverty and hunger. In many countries, especially in the developing world, we still see many
people who do not have the resources necessary for a minimal living.
The lack of equitable distribution of resources has resulted in millions of people continuing to
live in poverty and underdevelopment. If at the national level, especially in developing
countries, we see that about 20% of the population controls and enjoys a tremendous amount
of national assets and resources, then at the international level we also see inequalities in
income and consumption patterns between the people of developed countries and the people
of developing countries.
World economic growth is putting tremendous pressure on the environment The rise of social
injustice has raised the concerns of many, from politicians to development planners. The idea
of sustainable development put forward by the World Commission on Environment and
Development is basically a response to the various negative impacts that have arisen as a
result of development practices that have been running for several decades. Sustainable
development is basically a process of change that includes resource exploitation, investment
direction, present and future orientation to fulfill human needs and aspirations.
On resource wealth, United States as one of the developing countries in the world has very
rich and abundant resources. This wealth of resources exists in every region of United States.
However, the richness of resources, especially natural resources, also raises the potential for
environmental pollution and damage. This is a logical consequence of the management of the
natural resources themselves. Therefore, it is imperative to neutralize and reduce losses,
especially in the form of negative impacts due to environmental management.
The above situation can be one of the obstacles for United States in carrying out development
aimed at improving the welfare of the United States people themselves. The cycle between
management and anticipation of impacts is a kind of agenda that goes hand in hand.
Therefore, a balance must be maintained so that both management and netra- lization of the
consequences of management can go hand in hand. That the problem of pollution and
environmental damage is actually a general problem. In the sense that it is experienced by
several countries in the world that manage natural resources as a potential that supports the
economy.
Various problems regarding the environment, whether caused by nature or by human actions
that are not as they should be, certainly disrupt the course of the eco-logical process. As a
result, it leads to degradation of quality, or even causes damage to the eco-system as a whole.
In fact, the damage to the eco-system does not recognize administrative boundaries or even
national borders.
In political language, natural resource management is a development effort. The goal is to
improve the quality of life of the people in general. Therefore, it is understood that while
development has a positive impact in the form of prosperity, it also has a negative impact. In
the environmental dimension, the negative impact is the occurrence of damage and / or
pollution of the environment, for this reason, the relevance of providing legal protection
against losses arising from these impacts. Such protection should be set out in rules that can
be measured with certainty.
In the dimension of environmental law, the legal idea of environmentally sound sustainable
development is a keyword in environmental management. The rules in environmental law
integrate environmental considerations in the implementation of development. The point is
how to build without damaging the environment, with certain measures regulated in law.
Based on the above, when there is a decrease in environmental function due to environmental
destruction and or pollution, a series of law enforcement activities must be carried out. The
goal is not only to impose sanctions on environmental destroyers or polluters. More than that,
the most important objective is to restore the ability of the environment to improve its quality,
and protect those who are affected or suffer losses due to environmental management
activities.
The above is in line with the idealism, namely to uphold the concept of sustainable
development which is expected to be a form of accountability for the current generation to
future generations. Various formulations, including international meetings that initiate
environmental law enforcement, demand that all parties take responsibility for maintaining
and preserving the environment. The goal is to maintain and utilize an environment that is
conducive to future and present generations.
In realizing sustainable development, the United States government has made various
concepts regarding laws and regulations to preserve the environment. In 1982, Law Number
14 of 1982 concerning Basic Provisions for Environmental Management was passed (LN
1982 Number 12). Subsequently, Law Number 14 of 1982 was replaced by Law Number 23
of 1997 concerning Environmental Management (LN 1997 No.68). In its development, Law
No. 23 of 1997 was revoked and replaced by Law No. 32 of 2009 on Environmental
Protection and Management (UU-PPLH). UU-PPLH basically also continues the principle of
environmentally sound sustainable development. Even more sharpened, this can be observed
in the preamble of the UU-PPLH.
It is stated that a good and healthy environment is the human right of every color of the
United States state as in Article 28 H of the 1945 Constitution. Similarly, that development
The national economy as mandated by the 1945 Constitution is organized based on the
principles of sustainable and environmentally sound development.
In connection with the economy that has become a post-reform trend, it is stated that the
spirit of regional autonomy in the administration of the unitary state of the Republic of
United States has brought changes in the relationship and authority between the central
government and regional governments, including in the field of environmental protection and
management. In accordance with this, the declining quality of the environment has threatened
the continuity of human life and other living things so that it is necessary to protect and
manage life seriously and consistently by all stakeholders.
In the international perspective, or global order, the increasing global warming has resulted in
climate change so as to exacerbate the decline in the quality of the environment, therefore it
is necessary to protect and manage the environment. Similarly, national economic
development as mandated by the 1945 Constitution is organized based on the principle of
sustainable and environmentally sound development.
So much attention from the state through the realization of environmentally sound
development means that the importance of preserving the environment. This is also what
encourages the government to constantly improve legal products, especially at the technical
level, so that the concept of environmentally sound development can truly be realized and not
just contained in wishful thinking.
People's Right to a Healthy Environment
As is the case in developing countries in general, for United States the problem of pollution
Environment as a disturbance to the human way of life. The contributing factors are the rapid
increase in population, excessive utilization of natural resources, the use of technology that is
not in accordance with existing natural conditions and human behavior patterns towards
nature. Here the role of society and government is fundamental, to create a balance between
the use of nature on the one hand and efforts to improve nature on the other.
A very influential problem is human behavior that no longer respects and is friendly to
nature. Humans with their hedonism, even though humans are part of nature and inevitably
like it or not must be friendly with nature. - Examples of unfriendly behavior include cutting
down trees both on a small scale and on a large scale such as in forests, which should be
rejuvenated after being cut down by planting new tree seeds.
The same applies to littering behavior. If only one or a few people are not a problem, but if
almost everyone does the same thing and does not care about the implications of their actions,
it will certainly be a problem for the environment. This small note is a reflection of feedback
on how the community must participate in realizing a good and healthy environment, starting
from the smallest scope, namely from ourselves.
Whenever such small instances occur, the focus is usually directed towards finding who is at
fault and who should take responsibility for environmental damage. Yet it is understood that
this is not wise. The environment is a collective problem that requires the participation of all
components to take care of and manage it properly, all of them participate and start from their
own responsibility by doing things according to their abilities.
This dimension requires the participation of the government, community leaders, and non-
governmental organizations (NGOs). There must be awareness and willingness based on
responsibility to preserve the environment together. The dimension is not only behavioral, but
there is also a moral responsibility to correct others who do things that damage the
environment. All of them are in accordance with the ability and self-awareness of
responsibility to be able to realize a good and healthy environment, In another dimension,
such behavior cannot be expected to materialize without emphasis in the form of sanctions.
This means that it must be accompanied by strict legal action against environmental
destroyers, especially in a large order, so that the perpetrators of environmental crimes that
have been proven to torment many human beings must be dealt with firmly.
Law enforcement must really be able to create a deterrent effect and become a medium of
education. The deterrent effect with the pain that makes the perpetrators of destruction really
deterred. The educational dimension is supposed to be a lesson for others or anyone that
environmental destroyers will be subject to legal sanctions, even moral sanctions from the
community.
Everyone is part of the community and the community has the same rights, obligations and
roles in environmental management without exception, regardless of domicile. Both rural,
remote and urban communities are an important part of the realization of a good and healthy
environment. The existence of the community will be very effective if its role is to control the
management of the existing environment. This is a dimension of community participation to
create a good and healthy environment.
Community rights related to community participation to create a good and healthy
environment are based on the following:
Everyone has the right to a good and healthy environment as part of human rights.
Everyone has the right to environmental education, access to information, access to
participation, and access to justice in fulfilling the right to a good and healthy
environment.
Every person has the right to propose and/or object to business plans and/or activities
that are expected to have an impact on the environment.
Everyone has the right to play a role in environmental protection and management in
accordance with laws and regulations.
Every person has the right to make a complaint due to environmental pollution and or
destruction.
Based on its nature, community participation in decision-making processes related to the
environment can be divided into two (2), the first is consultative and the second is based on
partnership. Consultative participation is usually utilized by policy makers as a strategy to
gain public support, which is important as a basis for community participation.
In this consul- tative approach, although interested community members have the right to be
heard and the right to be informed. However, the decision will remain in the hands of the
decision-making group (the proponent). Public opinion is not a determining factor in
decision-making, other than as a strategy to gain public support and legitimacy.
For a participatory approach that is partnership in nature, it is more respectful of local
communities by providing a position or position that is with the decision-making group. This
alignment makes local groups feel valued and therefore want to take greater responsibility for
solving common problems. This is an important element of accommodating community
participation in creating a good and healthy environment.
In the managerial dimension, community participation in environmental protection and
management is not merely physical. But more fundamentally, it is coordinated together in
several stages. That includes the planning, implementation and evaluation stages. The true
essence of participation is in the decision-making process about environmental permits based
on these stages.
Community participation is crucial in the administrative procedures of environmental
management. For example, in terms of permits, environmental impact assessments and so on.
However, today there are still concerns about the principle of openness and public
participation in environmental management, due to the strong perception that the public will
hinder activities, especially industries that disturb the environment.
Humans as part of the environment must have awareness of their respective rights and
obligations, must understand that the environment also has the right to obtain proper survival.
The role of the community directly in social supervision is carried out both individually and
in groups (non-governmental organizations), conducting direct supervision of the existence of
the environment and trying to maintain the environment.
The dimension of community participation is also reflected in the provision of suggestions,
opinions, proposals, objections, and complaints on signals of discrepancies between what
should be and what is not reality. The role of the community can be in the form of providing
suggestions and opinions on environmental protection and management measures. This has
been done institutionally by the government or environmental institutions/organizations.
Objections to actions that can damage or disrupt the process of environmental protection and
management.
The community can establish a free and impartial environmental dispute resolution service
provider. The central government and local governments can facilitate the establishment of
free and impartial environmental dispute resolution service providers. In terms of community
participation, it is also applied in the form of submitting information and / or reports.
Concretely, the public can immediately submit information and know reports related to the
state of an environment to the environmental organization. Against such reports, if there are
problems, improvements can immediately be sought and prevention of more severe
environmental damage.
Almost every day on television, newspapers, and other information media broadcast various
disasters in each region such as floods, volcanic eruptions, earthquakes, Lapindo mud, water
pollution and so on. These disasters and environmental problems will make everyone think
and realize the importance of protecting and managing the environment.
Departing from each individual to take action to protect and manage the environment will
create cooperation. The form will form in one group will have a huge impact on
environmental improvement. Full public awareness of the importance of environmental
sustainability is like an alarm that is ready to sound when disturbed. Community response
Prompt action will protect and prevent environmental damage or at least slow down the
occurrence of damage and or extinction.
United States Position in the Global Environmental Dimension
The Unitary State of the Republic of United States is located in a cross position between two
continents and two oceans with a tropical climate and weather and seasons that produce
natural conditions of high value. In addition, United States has the second longest coastline in
the world with a large population. United States has an abundance of biodiversity and natural
resources. This 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 the nusan-tara insight.
United States is also highly vulnerable to the impacts of climate change. These impacts
include decreased food production, disruption of water availability, spread of pests and
diseases of plants and humans, rising sea levels, sinking of small islands and extinction of
biodiversity. The availability of natural resources in quantity or quality is uneven, while
development activities require increasing natural resources, Development activities also carry
the risk of environmental pollution and damage. This condition can cause the carrying
capacity, capacity, and productivity of the environment to decrease, which ultimately
becomes a social burden.
Therefore, Indone- sia's environment must be protected and managed properly based on the
principles of state responsibility, the principle of sustainability and the principle of justice. In
addition, the management of The environment must be able to provide economic, social and
cultural benefits based on the principles of prudence, environmental democracy,
decentralization, and recognition and respect for local wisdom and environmental wisdom.
The protection and management of the environment requires the development of an
integrated system in the form of a national policy for the protection and management of the
environment which must be implemented faithfully and consequently from the center to the
regions. In this modern world, there are many problems that must be faced by every person or
organization, one of which is the environment. Environmental problems have become part of
human life, even now environmental problems have become a global issue and are important
to discuss because they concern the interests of all people. In the last forty years there has
been a change in the way of looking at environmental problems.
In the 60s environmental problems were only seen as local problems. In the 70s
environmental problems were seen as global problems such as the destruction of the ozone
layer, global warming and climate change. In the 80s there was a realization that global
environmental problems could threaten the continuity of economic development. In the
nineties, public awareness emerged of the need for an objective analytical tool to assess the
performance of corporate operations on the environment. Today, one of the main issues that
has received great attention from the world community is the pollution of the environment by
industrial companies.
In the opinion of Kristanto (2008) that Industrial activity is the largest contributor to
environmental pollution which directly leads to a decrease in the carrying capacity of the
environment. (Kristanto, 2008).
In the consideration of the Law on Environmental Management, it is stated that
environmental management must be able to provide economic, social and cultural benefits
based on the principles of prudence, environmental democracy, decentralization and
recognition and respect for local wisdom and environmental wisdom. It is stated that a good
and healthy environment is the human right of every United States citizen as mandated in
Article 28H of the 1945 Constitution. Environmental protection and management is a
systematic and integrated effort undertaken to preserve the function of the environment and
prevent pollution and or damage to the environment which includes planning, supervision,
law enforcement.
Since the establishment of the UUPLH, it emphasizes aspects that are not only management,
but protection is set at the beginning of management. For this reason, a good and healthy
living environment is the human right of every United States citizen as mandated in article
28H of the 1945 Constitution, organized based on the principles of sustainable development
and environmental awareness.
An environmental audit is a tool to objectively verify environmental management efforts and
can help find corrective measures to improve environmental performance. Companies that
produce liquid waste must provide a waste management unit (UPL) or wastewater
management installation. This is very much needed considering the many indicators of
environmentally destructive behavior. This is detrimental to the community and disrupts the
peace of life. If this is not acted upon, then the relevant components, especially businesses
and industries, will deliberately undermine the law and practically harass the law
enforcement apparatus.
As an important milestone in the development of national environmental law UUPPLH has
function as an "umbrella provision" (according to constitutional law: "kaderwet" or
"raamwet"), so that to support its success UUPPLH requires a set of environmental
legislation (enviromental legislation) so that UUPPLH is not considered a toothless tiger. The
study of the state of the art of national environmental legislation today will be clearer by
distinguishing the notion of implementation (uitvoering or implementation) with law
enforcement (handhaving or law enforce- ment), refinement and integration of the
implementation of UU-PPLH will determine the phase of law enforcement.
The role of the government in environmental management is mainly to set priorities, taking
into account ecological interests, which will end up in political decisions. Thus, the authority
of the ruler lies in making decisions in concrete events, such as licenses that reflect
environmental policies regarding certain sectors.
The success of government efforts in the field of environmental management needs to be
supported by the ability of the government apparatus to explain various environmental
policies in a critical manner in society, especially those concerning law enforcement. For this
reason, it is very important to prepare the development of a capable and strong apparatus in
enforcing the various provisions of the Environmental Law, as well as those related to
understanding the factors that affect the environmental management process.
According to Leenen (1976, 17) the notion of implementation includes not only the
implementation of the provisions of the law but also the implementation activities of the
government apparatus whose function is to manage important parts of the environment as
well as to maintain industrial activities in state-owned enterprises. In this case government
companies can act as polluters.
Research on the overall process of government management of the environment in United
States is necessary so that it can be known how to implement environmental policies in
environmental laws and regulations that technically and juridically meet the requirements, so
that there is accuracy in the decision-making process. Thus it is clear how important the role
of government is in the process of making decisions about changes in behavior towards the
environment, because it involves the authority to regulate various policies.
With the enactment of the Law on Environmental Protection, it does not mean that cases of
damage and or pollution of the environment can immediately be resolved completely,
because the Law on Environmental Protection with its supporting regulations still have to be
tested in practice. Weaknesses or incompleteness in the implementation phase of the Law on
Environmental Protection will undoubtedly have an impact on law enforcement.
Nevertheless, is it necessary for the implementation phase to be complete and perfect, then
law enforcement can be implemented? This is not possible, especially for law enforcement
that is re- presive, namely litigating in court.
Community participation in the decision-making process that can have an important impact
on the environment, but the legal means are regulated by legislation. Community
participation by individuals, groups of people (NGOs), or legal entities is a consequence of
the "right to a good and healthy environment" which can be exercised in the right or take the
right to a healthy environment part in administrative procedures, such as inspections, public
hearings and so on. Such participation is a legal procedure that contributes to the efficiency
of the decision-making process and the quality of decisions concerning the environment.
Therefore, its implementation needs to be regulated by administrative jurisdiction. Openness
in environmental management is essential, while participation is a continuation of openness
and can take the form of a pre-decision objection procedure.
At the idealistic level, environmental management and preservation do not only require a
large quantity but also a sustainable consistency. This is because the environment is not only
utilized today, but will become a place for the wider community to live in infinity, therefore
the role of the government is very broad. In its role as the protector of the community, the
government should have a concept of para-digma thinking that is full of environmentalist
ideals. The reflection is the creation of appropriate regulations that truly reflect pro-
environmental policies. Policies outlined in written form like this will be the savior of the
correlation between humans and the environment whose benefits will also return to the
community itself.
Conclusion
The environment is a system that is a unity of space with all objects, forces, conditions and
living things. Included and at the core of it are humans and their behavior. All of which affect
the continuity of life and welfare of humans as subjects and other living things.
On the global dimension, United States is part of the global community itself.
Geographically, United States is very much a part of the global strategic part of efforts to
realize a good environment for the world as a whole. This provides the realization that United
States must also abide by international law. Not only those issued by international
institutions. It also includes the collective agreement of the world community on efforts that
are concretely dedicated to the preservation of the world's environment and even the universe.
In fact, while natural resources do contribute greatly to development, the sustainability of the
availability of natural resources is ignored. Similarly, the rules that should be adhered to as
the basis for implementing management that supports development from the economic sector
are ignored. The result is a tendency towards a decrease in the carrying capacity of the
environment and the depletion of the availability of existing natural resources and a rapid
decline in the quality of the environment.
Management of natural resources and the environment that is not carried out in accordance
with its carrying capacity can lead to a food crisis. Not only in the sense of physical
consumption. In the next stage, the quality of land as a source of food also continues to
decline. The land becomes dry and barren. This is due to the water crisis, energy crisis, and
the environment as a whole. This triggers other crises downstream. It is not impossible that
the based on many examples, causing social crises and humanitarian crises.
In the management dimension, it is realized that the implementation of development that
relies on technology and industry in maintaining economic growth rates often has a negative
impact on the human environment. Environmental pollution will cause a decline in the
quality of the environment, which will threaten the survival of living things, especially the
peace and tranquility of human life. This is what is referred to as a man-made environmental
disaster.