This document summarizes an article discussing problems with compensation for environmental pollution in Indonesia's legal system. It provides background on environmental laws in Indonesia and discusses several cases where communities affected by pollution faced difficulties obtaining compensation. The key issues are that Indonesia's laws clearly state that polluters must pay compensation for harm caused, but in practice this provision has not been properly applied by judicial institutions. As a result, in several major pollution cases, affected communities did not receive adequate compensation or saw their cases rejected in court despite clear environmental damage and losses.
History of environmental planning and management since mid 20th centuryGeofrey Yator
Environmental planning and management began in the mid-20th century due to increasing environmental degradation from industrialization and population growth. Several major pollution events in the 1940s-1960s caused health issues and brought environmental problems into focus. In 1972 the UN held its first global environmental convention, outlining 26 principles including that humans impact and rely on the environment, and international cooperation is needed to protect the environment for human well-being. Numerous national environmental laws were subsequently passed through the 1970s-1990s to regulate air, water, and hazardous waste pollution.
The document discusses the right to a clean environment as a basic human right. It makes three key points:
1) A healthy environment is essential for human life and is protected by international agreements and under Article 21 of the Indian Constitution.
2) Several laws and committees have been established in India since the 1970s to address environmental protection and balance it with economic development.
3) The Supreme Court of India has ruled that the right to a clean environment is part of the fundamental right to life guaranteed by the Constitution. Violation of environmental rights could constitute a violation of basic human rights.
Enforcement of enviornmental legislation, indian scenario in enforment, publi...Vamsi kumar
This document contains summaries of three student papers on environmental topics:
1. Prince Kumar's paper discusses factors affecting international environmental laws such as the identification and severity of problems, statistics, geography, law and order, political pressures, infrastructure, and international cooperation.
2. Tinku's paper examines India's enforcement of environmental legislation, noting that laws need strengthening and proper implementation to protect the environment.
3. Md. Shadab Chaudary's paper focuses on the importance of public awareness for environmental science and sustainable development, the role of various groups in increasing awareness, and suggestions for effective awareness campaigns.
Summery - X - Striving for better Environment Part II Ednexa
The document discusses sustainable development and environmental protection in India. It outlines several objectives of sustainable development including reducing pollution, restraining natural resource use, protecting the environment, and ensuring social equality and continuous economic growth. It then describes various Indian laws and acts related to environmental protection, such as the Water Act, Air Act, Environment Protection Act, and waste management rules. The document emphasizes that sustainable development and environmental conservation should go hand in hand. Protection of the environment is a shared responsibility of the public, governments, and private sector.
This document discusses various types and causes of environmental pollution in India. It notes that Mahatma Gandhi warned about satisfying man's greed leading to environmental issues. It then discusses different types of pollution affecting India - air pollution from vehicles and industry causing health issues, noise pollution mainly from vehicles, water pollution from untreated wastewater causing deaths, and soil pollution from agricultural chemicals. Specific polluted areas in India are also named. Suggestions to address pollution include projects to protect historic monuments from pollution and cooperation between India and the World Bank on green initiatives.
This document discusses the right to environment as a human right. It outlines several key environmental rights such as the right to clean air and water. The document traces the development of environmental rights from international agreements like the Stockholm Declaration to laws in India protecting the environment. Both substantive rights to a healthy environment and procedural rights to access information are examined. The conclusion emphasizes the close relationship between human rights and the environment, and how recognizing this connection can better protect human dignity.
This document summarizes environmental policy in India, both historical and current. It discusses policies from ancient India through British rule to post-independence. Key policies and initiatives are the National Forest Policy of 1952 aiming to increase forest cover, legislation such as the Water and Air Pollution Acts, and more recent policies addressing coastal zones, wetlands, rivers, and increasing renewable energy. The overall focus has been on conservation, pollution control, and integrating environmental concerns with economic development.
Malaysia has a diverse environment and economy that depends on natural resources like palm oil and petroleum. Environmental management aims to support sustainable development and address problems from local to global scales. While Malaysia has environmental laws and monitoring authorities, it faces issues like pollution, deforestation, and depletion of resources. Core problems include lack of enforcement, qualified professionals, and coordination between authorities. Recommendations are to strengthen laws, public participation, training, and political commitment to environmental protection.
History of environmental planning and management since mid 20th centuryGeofrey Yator
Environmental planning and management began in the mid-20th century due to increasing environmental degradation from industrialization and population growth. Several major pollution events in the 1940s-1960s caused health issues and brought environmental problems into focus. In 1972 the UN held its first global environmental convention, outlining 26 principles including that humans impact and rely on the environment, and international cooperation is needed to protect the environment for human well-being. Numerous national environmental laws were subsequently passed through the 1970s-1990s to regulate air, water, and hazardous waste pollution.
The document discusses the right to a clean environment as a basic human right. It makes three key points:
1) A healthy environment is essential for human life and is protected by international agreements and under Article 21 of the Indian Constitution.
2) Several laws and committees have been established in India since the 1970s to address environmental protection and balance it with economic development.
3) The Supreme Court of India has ruled that the right to a clean environment is part of the fundamental right to life guaranteed by the Constitution. Violation of environmental rights could constitute a violation of basic human rights.
Enforcement of enviornmental legislation, indian scenario in enforment, publi...Vamsi kumar
This document contains summaries of three student papers on environmental topics:
1. Prince Kumar's paper discusses factors affecting international environmental laws such as the identification and severity of problems, statistics, geography, law and order, political pressures, infrastructure, and international cooperation.
2. Tinku's paper examines India's enforcement of environmental legislation, noting that laws need strengthening and proper implementation to protect the environment.
3. Md. Shadab Chaudary's paper focuses on the importance of public awareness for environmental science and sustainable development, the role of various groups in increasing awareness, and suggestions for effective awareness campaigns.
Summery - X - Striving for better Environment Part II Ednexa
The document discusses sustainable development and environmental protection in India. It outlines several objectives of sustainable development including reducing pollution, restraining natural resource use, protecting the environment, and ensuring social equality and continuous economic growth. It then describes various Indian laws and acts related to environmental protection, such as the Water Act, Air Act, Environment Protection Act, and waste management rules. The document emphasizes that sustainable development and environmental conservation should go hand in hand. Protection of the environment is a shared responsibility of the public, governments, and private sector.
This document discusses various types and causes of environmental pollution in India. It notes that Mahatma Gandhi warned about satisfying man's greed leading to environmental issues. It then discusses different types of pollution affecting India - air pollution from vehicles and industry causing health issues, noise pollution mainly from vehicles, water pollution from untreated wastewater causing deaths, and soil pollution from agricultural chemicals. Specific polluted areas in India are also named. Suggestions to address pollution include projects to protect historic monuments from pollution and cooperation between India and the World Bank on green initiatives.
This document discusses the right to environment as a human right. It outlines several key environmental rights such as the right to clean air and water. The document traces the development of environmental rights from international agreements like the Stockholm Declaration to laws in India protecting the environment. Both substantive rights to a healthy environment and procedural rights to access information are examined. The conclusion emphasizes the close relationship between human rights and the environment, and how recognizing this connection can better protect human dignity.
This document summarizes environmental policy in India, both historical and current. It discusses policies from ancient India through British rule to post-independence. Key policies and initiatives are the National Forest Policy of 1952 aiming to increase forest cover, legislation such as the Water and Air Pollution Acts, and more recent policies addressing coastal zones, wetlands, rivers, and increasing renewable energy. The overall focus has been on conservation, pollution control, and integrating environmental concerns with economic development.
Malaysia has a diverse environment and economy that depends on natural resources like palm oil and petroleum. Environmental management aims to support sustainable development and address problems from local to global scales. While Malaysia has environmental laws and monitoring authorities, it faces issues like pollution, deforestation, and depletion of resources. Core problems include lack of enforcement, qualified professionals, and coordination between authorities. Recommendations are to strengthen laws, public participation, training, and political commitment to environmental protection.
case laws -
Shobana Ramasubramnyam v. Chennai Metropolitan Development Authority
Bomaby Dyieng Co. Ltd. v. Bombay
Kisan Bhagwan Gawali v. State of Maharashtra
Consumer Education and Research Center v. Union of India
M.C. Mehta v. Kamal Nath, Saghir Ahmad J
Karnataka Industrial Areas Development Board vs. C. Kenchappa
Assessment of the Spatial Compliance and Negligence of Environmental Laws on ...AJSERJournal
This research work examined the spatial compliance and negligence of environmental laws on waste
management practices and consequences in the south-south region of Nigeria. Data for this study were collected from
primary and secondary sources, through the administration of one thousand, seven hundred and twenty eight (1,728)
copies of questionnaire using the random sampling method on respondents. Simple percentages, charts, student’s ttest, anova, and correlation statistical techniques were used in the analysis of the data collected. This study revealed
that waste management practices and controlled dumpsites location in the study area were not in compliance with
environmental laws. The null hypothesis one was rejected in favour of the positive hypothesis and concluded that, there
is a significant relationship between the waste dumpsites in the study area, and the impacts of their health hazards on
the immediate environment. The study therefore recommends that, in our pursuit of environmental protection and
compliance of environmental laws, we should strive towards achieving a balance in the benefits we derive from
activities that cause environmental pollution and the resultant harmful effects.
This PPT is about Environmental ethics, engineering, ecology and economics of environmental ethics. Sustainable development, Our common future, Government role in maintaining environment, market mechanisms for sustainable environment, communities and environment, social activism.
This document discusses the importance of environmental ethics for businesses. It notes that when global ecological systems are disturbed by human activities, it can lead to unfavorable consequences. As such, businesses must consider more than just profits - they must ensure their growth does not harm people's health and welfare. Stakeholders that can help include the public, media, environmental groups, corporations, and government. Going forward, environmentalism will be characterized by public-private partnerships, international cooperation, and sustainable development. Businesses are also becoming more conscious of managing environmental issues through reducing waste and pollution.
The document outlines India's environmental policy and laws. It discusses the key elements of India's environmental policy including its objectives to prevent pollution, encourage best available technologies, ensure polluter pays principle, and involve the public. It also summarizes many of India's major environmental laws covering areas such as general environment, forests and wildlife, water, and air pollution. The laws establish institutions like the Central Pollution Control Board and place regulations on industries, local authorities, and activities that impact the environment.
Society, government and environment chapter 3Nayan Vaghela
Society, government and environment, sustainable development, Bearing capacity of the resources, Migration, environmental ethics, different laws and legislation related to environments,, Air Act, Water Act, Wild life protection Act, illicit cutting of trees, illicit killing of wild animals, green belt, water treatment, industrial waste treatment
This document provides an introduction to green skills and sustainability topics including the environment, ecosystems, natural resource conservation, and green economy. It discusses how society and the environment interact and depend on one another. Factors like pollution, climate change, and overuse of resources can upset the balance of ecosystems. Conservation aims to protect natural resources for future generations. Environmental protection involves public awareness campaigns and international agreements to address issues like pollution. Transitioning to a green economy can improve well-being while supporting the environment through more sustainable use of resources and creating green jobs.
This document discusses several important international declarations and principles of environmental law. It summarizes the Stockholm Declaration (1972), Rio Declaration (1992), and Johannesburg Declaration (2002) which established frameworks for environmental protection and conservation. It also outlines key principles of international environmental law like sustainable development, polluter pays, and precautionary action. Finally, it examines international responses to issues of marine pollution and global warming through conventions like the UN Law of the Sea and frameworks for reducing greenhouse gas emissions.
Presented by Shashya Mishra (Assistant Professor) Amity University Lucknow Campus, Amity Law School at IJSARD (International Journal of Socio-legal Analysis and Rural Development) International Virtual Conference 2017 On Law and Social Sciences.
The document discusses the idea of recognizing a human right to a healthy environment. It provides background on international agreements and jurisprudence that have linked human rights and environmental protection. It outlines three approaches to understanding this relationship and argues that a rights-based approach focusing on individual rights and state obligations is most effective. The document also references a recent UN report that opened debate on recognizing an independent right to a healthy environment.
Conservation of the environment is necessary to ensure a clean and healthy environment for future generations. Several actions can be taken to help improve the environment, such as simplifying one's lifestyle to reduce waste, using fewer tree products, and bringing reusable bags for shopping. Recycling is also an effective way to conserve the environment by converting waste materials into new objects and reducing pollution, energy usage, and water contamination from landfilling. The 3 R's of reduce, reuse, and recycle can significantly help environmental conservation through small individual actions that make a large collective impact.
Implementation of Sustainable DevelopmentPreeti Sikder
Learning Outcome: Students will be able to -
a) comprehend the suggestions for implementing Sustainable Development based on the Brundtland Commission's findings
b) Learn about the nature of SDGs
c) be informed about the current progress in achieving the SDGs
Background of Environmental Laws: International ContextPreeti Sikder
This document provides a history of the development of environmental laws from the 19th century to present day. It discusses key events and agreements including the Stockholm Declaration (1972), Rio Earth Summit (1992), Kyoto Protocol (1997), Millennium Development Goals (2000), Rio+20 Conference (2012), Paris Climate Agreement (2015), and COP24 in Poland (2018). It highlights influential people like Severn Cullis-Suzuki and Greta Thunberg and their calls to action. International agreements like the UNFCCC, CBD, and UNCCD are also examined, in addition to how they are applied in Bangladesh through ratification of treaties.
Preserving the Environment through Knowledge Managementinventionjournals
1. The document discusses the importance of knowledge management in preserving the environment through optimal decision-making. It argues that decisions can negatively impact the environment if their environmental consequences are not considered.
2. Knowledge management provides decision-makers with both explicit knowledge like data and implicit knowledge from experienced individuals. This helps identify environmental consequences and reform decisions to prevent irreparable environmental damage.
3. The document presents a model where explicit knowledge is analyzed in light of implicit knowledge, potentially discovering new solutions that meet organizational goals while protecting the environment.
Environment Protection and Fundamental rightsJunaid Rafiqi
The document discusses environmental protection and its importance. It provides definitions of key terms like environment, explains various causes of environmental degradation like land disturbance, pollution, overpopulation etc. It outlines some major environmental protection acts and provisions in India like the Environment Protection Act 1986, National Environment Protection Measures. It discusses how environment is defined in Indian law and the constitutional right to a healthy environment. In summary, the document covers the concept of environmental protection, key laws and policies around it in India, and recognizes every person's right to live in a clean environment.
ENVIRONMENTAL STUDIES: Chapter 1: IntroductionBasudeba Behera
This document provides an introduction to environmental studies. It defines environment and explains that environmental studies is a multidisciplinary field that draws from life sciences, physical sciences, social sciences, engineering and technology to understand both the biotic and abiotic components of the environment and their interactions. It also discusses some of the key issues addressed in environmental studies like natural resource conservation, ecology, environmental pollution, social and population issues, and sustainable development. The document emphasizes that environmental studies is important for protecting resources like water, air, land and ensuring a sustainable future and highlights emerging career opportunities in the field.
This document discusses environmental issues and sustainable development in Spain. It begins by defining sustainable development as stimulating economic growth while safeguarding natural resources for future generations. It then examines the environmental impacts of various economic sectors, including agriculture, industry, energy, tourism, and transportation. Specific issues in Spain are also outlined, such as air pollution, urbanization, desertification, and threats to native species. The document concludes by describing Spain's network of protected natural areas, which includes national parks, natural parks, nature reserves, and marine protected areas.
The document assesses existing environmental programmes and policies aimed at moving society towards a more sustainable future. It discusses key policies like the National Environment Policy 2006, National Forest Policy 1988, and National Water Policy 2002. These policies recognize the need for sustainable development and formulate strategies to conserve critical resources, promote inter-generational equity, and integrate environmental concerns into economic and social development efforts. The policies aim to balance resource usage with ecological preservation for future generations.
Environmental Compliance for Sustainable DevelopmentRajat Seth
Report on Law for Environmental Compliance for Sustainable Development
How the concept of Sustainable Development evolved in India
pain areas regarding sustainable development
The document discusses the topics of environment and ecosystems. It defines environment as the sum of all surrounding biological and physical factors influencing an organism. It then discusses the multidisciplinary nature of environmental studies, drawing on fields like biology, chemistry, physics, economics and more. The document also defines an ecosystem as a biological community interacting with its non-living environment, and discusses ecosystem structure, energy flow, and different ecosystem types like forests and aquatic ecosystems. It emphasizes the need for public awareness of environmental issues.
case laws -
Shobana Ramasubramnyam v. Chennai Metropolitan Development Authority
Bomaby Dyieng Co. Ltd. v. Bombay
Kisan Bhagwan Gawali v. State of Maharashtra
Consumer Education and Research Center v. Union of India
M.C. Mehta v. Kamal Nath, Saghir Ahmad J
Karnataka Industrial Areas Development Board vs. C. Kenchappa
Assessment of the Spatial Compliance and Negligence of Environmental Laws on ...AJSERJournal
This research work examined the spatial compliance and negligence of environmental laws on waste
management practices and consequences in the south-south region of Nigeria. Data for this study were collected from
primary and secondary sources, through the administration of one thousand, seven hundred and twenty eight (1,728)
copies of questionnaire using the random sampling method on respondents. Simple percentages, charts, student’s ttest, anova, and correlation statistical techniques were used in the analysis of the data collected. This study revealed
that waste management practices and controlled dumpsites location in the study area were not in compliance with
environmental laws. The null hypothesis one was rejected in favour of the positive hypothesis and concluded that, there
is a significant relationship between the waste dumpsites in the study area, and the impacts of their health hazards on
the immediate environment. The study therefore recommends that, in our pursuit of environmental protection and
compliance of environmental laws, we should strive towards achieving a balance in the benefits we derive from
activities that cause environmental pollution and the resultant harmful effects.
This PPT is about Environmental ethics, engineering, ecology and economics of environmental ethics. Sustainable development, Our common future, Government role in maintaining environment, market mechanisms for sustainable environment, communities and environment, social activism.
This document discusses the importance of environmental ethics for businesses. It notes that when global ecological systems are disturbed by human activities, it can lead to unfavorable consequences. As such, businesses must consider more than just profits - they must ensure their growth does not harm people's health and welfare. Stakeholders that can help include the public, media, environmental groups, corporations, and government. Going forward, environmentalism will be characterized by public-private partnerships, international cooperation, and sustainable development. Businesses are also becoming more conscious of managing environmental issues through reducing waste and pollution.
The document outlines India's environmental policy and laws. It discusses the key elements of India's environmental policy including its objectives to prevent pollution, encourage best available technologies, ensure polluter pays principle, and involve the public. It also summarizes many of India's major environmental laws covering areas such as general environment, forests and wildlife, water, and air pollution. The laws establish institutions like the Central Pollution Control Board and place regulations on industries, local authorities, and activities that impact the environment.
Society, government and environment chapter 3Nayan Vaghela
Society, government and environment, sustainable development, Bearing capacity of the resources, Migration, environmental ethics, different laws and legislation related to environments,, Air Act, Water Act, Wild life protection Act, illicit cutting of trees, illicit killing of wild animals, green belt, water treatment, industrial waste treatment
This document provides an introduction to green skills and sustainability topics including the environment, ecosystems, natural resource conservation, and green economy. It discusses how society and the environment interact and depend on one another. Factors like pollution, climate change, and overuse of resources can upset the balance of ecosystems. Conservation aims to protect natural resources for future generations. Environmental protection involves public awareness campaigns and international agreements to address issues like pollution. Transitioning to a green economy can improve well-being while supporting the environment through more sustainable use of resources and creating green jobs.
This document discusses several important international declarations and principles of environmental law. It summarizes the Stockholm Declaration (1972), Rio Declaration (1992), and Johannesburg Declaration (2002) which established frameworks for environmental protection and conservation. It also outlines key principles of international environmental law like sustainable development, polluter pays, and precautionary action. Finally, it examines international responses to issues of marine pollution and global warming through conventions like the UN Law of the Sea and frameworks for reducing greenhouse gas emissions.
Presented by Shashya Mishra (Assistant Professor) Amity University Lucknow Campus, Amity Law School at IJSARD (International Journal of Socio-legal Analysis and Rural Development) International Virtual Conference 2017 On Law and Social Sciences.
The document discusses the idea of recognizing a human right to a healthy environment. It provides background on international agreements and jurisprudence that have linked human rights and environmental protection. It outlines three approaches to understanding this relationship and argues that a rights-based approach focusing on individual rights and state obligations is most effective. The document also references a recent UN report that opened debate on recognizing an independent right to a healthy environment.
Conservation of the environment is necessary to ensure a clean and healthy environment for future generations. Several actions can be taken to help improve the environment, such as simplifying one's lifestyle to reduce waste, using fewer tree products, and bringing reusable bags for shopping. Recycling is also an effective way to conserve the environment by converting waste materials into new objects and reducing pollution, energy usage, and water contamination from landfilling. The 3 R's of reduce, reuse, and recycle can significantly help environmental conservation through small individual actions that make a large collective impact.
Implementation of Sustainable DevelopmentPreeti Sikder
Learning Outcome: Students will be able to -
a) comprehend the suggestions for implementing Sustainable Development based on the Brundtland Commission's findings
b) Learn about the nature of SDGs
c) be informed about the current progress in achieving the SDGs
Background of Environmental Laws: International ContextPreeti Sikder
This document provides a history of the development of environmental laws from the 19th century to present day. It discusses key events and agreements including the Stockholm Declaration (1972), Rio Earth Summit (1992), Kyoto Protocol (1997), Millennium Development Goals (2000), Rio+20 Conference (2012), Paris Climate Agreement (2015), and COP24 in Poland (2018). It highlights influential people like Severn Cullis-Suzuki and Greta Thunberg and their calls to action. International agreements like the UNFCCC, CBD, and UNCCD are also examined, in addition to how they are applied in Bangladesh through ratification of treaties.
Preserving the Environment through Knowledge Managementinventionjournals
1. The document discusses the importance of knowledge management in preserving the environment through optimal decision-making. It argues that decisions can negatively impact the environment if their environmental consequences are not considered.
2. Knowledge management provides decision-makers with both explicit knowledge like data and implicit knowledge from experienced individuals. This helps identify environmental consequences and reform decisions to prevent irreparable environmental damage.
3. The document presents a model where explicit knowledge is analyzed in light of implicit knowledge, potentially discovering new solutions that meet organizational goals while protecting the environment.
Environment Protection and Fundamental rightsJunaid Rafiqi
The document discusses environmental protection and its importance. It provides definitions of key terms like environment, explains various causes of environmental degradation like land disturbance, pollution, overpopulation etc. It outlines some major environmental protection acts and provisions in India like the Environment Protection Act 1986, National Environment Protection Measures. It discusses how environment is defined in Indian law and the constitutional right to a healthy environment. In summary, the document covers the concept of environmental protection, key laws and policies around it in India, and recognizes every person's right to live in a clean environment.
ENVIRONMENTAL STUDIES: Chapter 1: IntroductionBasudeba Behera
This document provides an introduction to environmental studies. It defines environment and explains that environmental studies is a multidisciplinary field that draws from life sciences, physical sciences, social sciences, engineering and technology to understand both the biotic and abiotic components of the environment and their interactions. It also discusses some of the key issues addressed in environmental studies like natural resource conservation, ecology, environmental pollution, social and population issues, and sustainable development. The document emphasizes that environmental studies is important for protecting resources like water, air, land and ensuring a sustainable future and highlights emerging career opportunities in the field.
This document discusses environmental issues and sustainable development in Spain. It begins by defining sustainable development as stimulating economic growth while safeguarding natural resources for future generations. It then examines the environmental impacts of various economic sectors, including agriculture, industry, energy, tourism, and transportation. Specific issues in Spain are also outlined, such as air pollution, urbanization, desertification, and threats to native species. The document concludes by describing Spain's network of protected natural areas, which includes national parks, natural parks, nature reserves, and marine protected areas.
The document assesses existing environmental programmes and policies aimed at moving society towards a more sustainable future. It discusses key policies like the National Environment Policy 2006, National Forest Policy 1988, and National Water Policy 2002. These policies recognize the need for sustainable development and formulate strategies to conserve critical resources, promote inter-generational equity, and integrate environmental concerns into economic and social development efforts. The policies aim to balance resource usage with ecological preservation for future generations.
Environmental Compliance for Sustainable DevelopmentRajat Seth
Report on Law for Environmental Compliance for Sustainable Development
How the concept of Sustainable Development evolved in India
pain areas regarding sustainable development
The document discusses the topics of environment and ecosystems. It defines environment as the sum of all surrounding biological and physical factors influencing an organism. It then discusses the multidisciplinary nature of environmental studies, drawing on fields like biology, chemistry, physics, economics and more. The document also defines an ecosystem as a biological community interacting with its non-living environment, and discusses ecosystem structure, energy flow, and different ecosystem types like forests and aquatic ecosystems. It emphasizes the need for public awareness of environmental issues.
1. The document discusses the multidisciplinary nature of environmental studies, including its scope and importance.
2. It covers the key components of the environment, as well as the various disciplines that contribute to environmental science like biology, physics, social sciences, and more.
3. Sustainable development is introduced as development that meets current needs without compromising future generations, balancing economic, environmental and social factors.
Sustainable development brundtland report, ppp, equityMegha Majoe
A Brief idea on "Our Common Future" - Brundtland report - Sustainable development and different Principles adopted in the conference. i.e Precautionary Principle, polluter pays principle, Inter and intragenerational equity, Public Trust Doctrine etc.
The document discusses environmental awareness and protection in the Philippines. It provides an overview of environmental education and its importance. It describes the current environmental situation in the Philippines, including the effects of a growing population and environmental degradation. The document outlines learning objectives, concepts of environmental education, related laws, and ways individuals can help address issues like solid waste management and climate change through practices like reduce, reuse, recycle.
Environmental ethics studies human relationships with the environment and how ethics influence this relationship. It believes humans are part of both society and the natural world of plants and animals. Therefore, humans must respect and honor the environment using morals and ethics. Some key types of environmental ethics discussed are social ecology, deep ecology, and ecofeminism. Major environmental issues include pollution, global warming, overpopulation, waste disposal, ocean acidification, loss of biodiversity, deforestation, ozone layer depletion, acid rain, and public health issues. Solutions proposed are managing environmental regulations, investing in environmentally friendly processes, risk management, environmental education and awareness, and legal awareness of environmental legislation.
Environmental science is a multidisciplinary field that studies interactions between natural and human systems. It draws from disciplines like biology, chemistry, physics, economics and sociology to understand environmental issues. Some key points:
- Environmental problems are complex and require perspectives from different areas of study. For example, understanding air pollution involves chemistry, engineering, meteorology and more.
- Environmental education aims to illustrate the physical, social, cultural and biological aspects of our natural world and human impacts on it.
- Almost every occupation is affected by environmental issues like climate change, resource depletion, and biodiversity loss, making environmental education relevant for all.
This document summarizes the shifting paradigms around environmental management and sustainable development. It discusses how early human societies lived in harmony with nature, but industrialization led to increased pollution problems. International conferences like the 1972 Stockholm Conference and 1992 Rio Earth Summit addressed these issues and promoted sustainable development. Effective environmental management requires setting pollution standards, using best practices, allowing flexibility based on economic conditions, generating technical solutions, and incentivizing industries below standards while penalizing excessive pollution. The document also discusses dividing areas into red, yellow and green zones based on pollution levels and assimilation capacities to guide industrial development.
This document discusses biodiversity and sustainable energy laws, with a focus on conservation of biodiversity and protection of traditional knowledge. It examines factors that hinder effective implementation of biodiversity policies and conservation frameworks. It analyzes domestic and international laws to identify issues, arguing for stronger political will, public awareness, institutional capacity building, and addressing legal loopholes to improve conservation efforts. It also discusses the importance of protecting traditional knowledge and involving indigenous communities in conservation and benefit sharing.
Environmental management refers to a systematic approach to reducing negative environmental impacts and conserving resources like water, energy, and materials. Achieving national sustainable development goals through environmental management strategies can be difficult for several reasons. First, there is a lack of education and awareness about sustainability issues among the general public in many countries. Second, developing countries often face financial constraints that limit their ability to plan and implement sustainable practices. Third, corruption can reduce funds for sustainability projects. Achieving truly sustainable development requires strategies that consider many interconnected factors, are adaptable to changes, and have some redundancy to withstand disruptions.
The Civil Aviation, Climate Change Reduction and Legal Aspects of Forest Fire...IOSRJAC
This article describes general review such as introduction and historical background; legal ground such as Indonesian Constitution of 1945, Act Number 6 Year 1994, Act Number 23 Year 1997, Act Number 17 Year 2004, Act Number 25 Year 2004, Act Number 1 Year 2009, Act Number 32 Year 2009 and Presidential Regulation Number 46 Year 2008; action to be taken to reduce climate change in the international as well as national level such as membership of UNFCCC, commits to support ICAO’s recommendation, environmental measure project (EMP), cooperation with IATA and other agencies, discussion with Switzerland related to climate change, such as the policy approach to climate change, socialization and coordination of a national action plan, eco-friendly airport, alternative fuel for aircraft operation , sustainable air transport and aviation alternative fuels, the emission trading scheme; establishment of national committee on climate change , aviation biofuels and renewable energy at the airport; and two kinds of legal aspect such as liability regime and responsibility regime related to dispute arrangement to achieve sustainability development.
Preserving the Environment through Knowledge Managementinventionjournals
The environment quality is of high importance in all countries. One of the important achievements of rationalizing bioenvironmental issues is identifying works with harmful consequences in the future. Many thinkers believe that if man could learn constructive knowledge in steady development and attempt to practice them, he has made the biggest discovery and invention in the world. This is impossible except through appropriate knowledge management. Since each measure is concerned with a social or economic purpose, it inevitably affects the environment. Therefore, deciding regarding such issues requires having appropriate information and knowledge and timely transference in order to prevent the incidence of irreparable damage to the environment. Such damage and its consequences can not only affect the intended society, but also harm other societies, which can be irreparable. Here, the importance and role of knowledge management in making such decisions are manifested. In this paper, the importance of knowledge management in preserving the environment is analyzed while presenting a model, the point less considered in the previous studies, but can be of highest importance
Innovation and Sustainable Development: The Question of Energy EfficiencyIOSR Journals
This document discusses the relationship between innovation and energy efficiency as it relates to sustainable development. It begins by defining key concepts like sustainable development, renewable energy, and energy efficiency. It then examines how technological innovation and the use of renewable energy can help foster sustainable development by reducing environmental impacts and promoting socioeconomic development. Specifically, it explores how renewable energy and energy efficiency in agriculture can contribute to the environmental, social and economic dimensions of sustainability in Tunisia.
The document discusses environmental policy, outlining its objectives, principles, purpose and strategies. Environmental policy aims to manage human activities to prevent harm to nature and ensure human-made changes don't damage the environment or humans. The key objectives of India's National Environment Policy include conserving critical resources, ensuring livelihoods and equity between generations. Environmental policy establishes regulatory frameworks and incorporates environmental concerns into development plans to efficiently manage resources and governance.
International Journal of Humanities and Social Science Invention (IJHSSI)inventionjournals
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online
This document discusses environmental awareness and protection through environmental education. It outlines key concepts like defining environmental education as organized efforts to teach about natural environments and sustainable human behavior. It also lists several laws governing environmental education in the Philippines like the National Environmental Awareness and Education Act of 2008. Additionally, it presents seven environmental principles like nature knows best, all forms of life are important, and everything is connected, and stresses that humans must care for the environment as stewards of nature.
Here is a 250-word essay on the topic:
The world's oceans provide immense benefits but face serious threats if not properly managed. Major problems encountered in managing marine resources include overfishing, pollution, and climate change impacts.
Overfishing has depleted fish stocks around the globe. Decades of unsustainable fishing practices have pushed some commercially valuable species to the brink of extinction. If left unaddressed, overfishing could seriously undermine food security for coastal communities and damage marine ecosystems. International cooperation on setting sustainable catch limits and regulating fishing fleets is needed.
Pollution from multiple sources also endangers the oceans. Plastic waste has become a pervasive and persistent pollutant, harming wildlife through ingestion and
This document summarizes a paper presented at the Kuala Lumpur International Business, Economics and Law Conference in November 2014.
The paper examines contemporary views on including modern forms of wealth, such as salaries, shares, and bank accounts, within the scope of zakat. It discusses how Muslim scholars have incorporated newly discovered sources of wealth not mentioned in the Quran or hadith.
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PROBLEMS OF COMPENSATION FOR ENVIRONMENTAL POLLUTION IN THE LEGAL SYSTEM IN INDONESIA
Dr. Edy Lisdiyono, S.H., M.Hum.
Lecturer of Faculty of Law, Study Program of Science of Law,
Pawiyatan Luhur Street, Bendan Dhuwur Semarang – Indonesia
E-mail: edylisdiyono@gmail.com
ABSTRACT
Problem of environmental pollution of air, water, and natural environment has been a concern of Indonesia. With the establishment of the Environmental Act No. 32 of 2009 over amendments of the Act No. 23 of 1997 and Act No. 4 of 1982 the environment should be good. But some environmental pollution events in Indonesia that resulted in the pollution of air, water, and destruction of the natural environment has not been conducted in a serious and consistent action to replace the losses in order to restore environmental conditions.It is proved that the community faced problems in obtaining compensation, for examples, the cases of the impact of environmental pollution of PT. Inti Indorayon in North Sumatra, PT. Newmon Minahasa Raya in North Sulawesi, and PT. Lapindo Brantas in Sidoarjo, East Java. This paper will discuss why the public have difficulty in demanding compensation, and what indicators to obtain compensation due to pollution. With the procedure of application to the compensation which is clear and definite in value, the perpetrators of pollution will be cautious and it is expected that the environment will be kept preserved.
Keywords: compensation, environmental pollution, the legal system in Indonesia
A. INTRODUCTION
Each country always has problems in environmental management, both developing countries and developed countries or industrialized countries. However, environmental problems faced are not the same from one country to another, especially between developing countries and developed countries. Environmental problems faced by developed countries are caused by the pollution of natural resources and production processes that use energy in industry, transport and communication activities as well as other economic activities. While environmental problems in developing countries, especially Indonesia, mostly rooted in underdevelopment.1
Talking about environmental issues, it means that it is related to the living space of the nation in all aspects and its dimension. Environmental problems involve to many aspects such as the exploitation of natural resources that tend to be excessive, the emergence of pollution coming from factory smoke, motor vehicle and industrial waste, as well as more increasing global warming as a result of the green house effect leading to higher sea surface temperatures.
1 Daud Silalahi, 1992, Hukum Lingkungan Dalam Sistem Penegakan Hukum Lingkungan Indonesia, Alumni, Bandung, page 45.
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Through Act No. 4 of 1982 is amended by Act No. 23 of 1997 and then amended again by Act No. 32 of 2009 the so-called "Act of Environmental Protection and Management” is expected to be a legal basis for the completion of environmental cases. The law enforcement officials necessarily must take new breakthroughs in order to fill legal gaps in the completion of the environmental cases so that the environment condition can be maintained.
Natural resources owned by Indonesia must not be exploited continuously without regarding to the environmental capacity and it eventually lead to uncontrolled environmental pollution though some legislations have been set, so that the environmental issues now has become a universal problem, because of the aspect of the environment itself is owned by all nations, in which each state is required to preserve it as set forth in the Declaration of Nairobi and Declaration of Stockholm.
In the Act No. 32 of 2009 it has been established that the protection and management of the environment are based on preservation of the harmonious and balanced environment ability to support the sustainable development for the improvement of human welfare.
The existence of natural resources is not spread evenly, but it varies, each space has a limited capacity to support the use of existing space on it. To anticipate this matter it has been mandated in the Ketetapan Majelis Permusyawaratan Rakyat No. IX/MPR/2001(Decree of MPR) on "Agrarian Reform and the Management of Natural Resources which philosophically stated: that the management of natural resources which is equitable, sustainable, and environmentally friendly must be done in a coordinated, integrated manner and accommodate dynamics, aspirations and community participation and resolve the conflict. Expressly provided in Article 4 of the MPR Decree it is stated that natural resource management must be carried out in accordance with the following principles:
a. To nurture and maintain the integrity of the Unitary State Republic of Indonesia;
b. To respect and uphold human rights;
c. To respect for the rule of law to accommodate diversity in the unification of law;
d. To make welfare of the people, especially through improving the quality of Indonesian resources;
e. To develop democracy, legal compliance, transparency and optimization of public participation;
f. To realize justice including gender equality in the control, ownership, use, utilization, and maintenance of agrarian resources / natural resources;
g. To maintain sustainability that can provide benefits optimally, both for present generation and the future generations, while regarding to the capacity and support of the environment;
h. To implement a social function, sustainability, and ecological functions in accordance with the local socio-cultural conditions;
i. To improve integration and coordination between sectors in the areas of development and implementation of agrarian reform and natural resource management;
j. To recognize, respect, and protect the rights of indigenous people and cultural diversity of the nation upon the agrarian / natural resources;
k. To find a balance of rights and obligations of the state, government (central, province, regency / city, and village or equivalent), community and individual;
l. To decentralize through dividing authority at the level of national, provincial, regency / city and villages or equivalent, with regarding to the allocation and management of agrarian / natural resources.
The decline of environmental quality due to the use of space is not in accordance with the environmental conditions and the potential of the region. Environmental degradation can also occur if the use of space and utilization of natural resources exceeds the capacity of the environment, including the diversion of space function. The diversion of space function as it also occurs in the development of the area, where the areas that
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should be conserved precisely are converted for development of industrial zones, trade, public housing and others.2
Conflict between the need for preserving environmental capacity and demand to boost economic growth occurs such as through industrialization, residential areas, and agricultural land interests. Conflicts also occur between weak economic groups of marginal communities in urban and the dominant economic forces that require vast lands for a wide variety of business purposes such as industrial, real estate, mining, plantation and so on.
Regarding to this matter, the development of the environment can only be successful if government administration functions effectively and integrated. One of the administrative judicial tools used to prevent and mitigate environmental pollution is a licensing system.3Permits issued by the government agency are the duty of every person who carries on business to maintain and preserve the ability of the harmonious and balanced environment to support the sustainable development.
But the business license issued by the government to every businessman is not in the manner intended. Businessman only pursue maximum profit but ignore the environmental conditions that leading to problems of environmental pollution as national and global issues, which finally cause a reaction law both from the legal experts, community, NGO (Non Governmental Organization) as well as among environmentalists.
Some cases of environmental pollution has occurred as giving rise to the protests or demonstration from the community, NGOs and environmentalists either through mediation or through the courts as the last bastion in the context of environmental law enforcement. Even some cases in which the lawsuit filed by the public carries less result than expected that is about the compensation process which has become its own problems in the legal system in Indonesia.
B. STATEMENT OF THE PROBLEMS
The problem of compensation against environmental pollution is becoming increasingly complicated lately especially with regarding to its law enforcement while it is also difficult for the polluted to prove its case in court. Because of a lot of complaints or reports from the community who get loss of their livelihood or physical suffering due to the parties who do destruction or environmental pollution, law enforcement is not as what expected by the suffered party. This paper will discuss the following issues:
1. Has the issue of compensation against environmental pollution been implemented properly in the legal system in Indonesia?
2. What solutions and targets can be expected by the suffered-party as a result of the impact of the environmental pollution?
C. DISCUSSIONS
2 Edy lisdiyono, 2008, Legislasi Penataan Ruang Studi Tentang Pergeseran KebijakanHukum Tata Ruang Dalam Regulasi Daerah Di Kota Semarang, hasil penelitian disertasi Program Doktor, Universitas Diponegoro, Semarang, page 9.
3 Siti Sundari Rangkuti, 1986, Hukum Lingkungan dan Kebijaksanaan Lingkungan, Hasil Penelitian Disertasi, Fakultas Hukum UNAIR, Surabaya, page 92.
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1. Compensation against environmental pollution cases in the legal system in Indonesia
People in their life have to protect and secure natural in order the balance of human life and natural can be executed properly and regularly and can be followed and adhered to by all parties. Regarding to the matter it is necessary for protection and security as outlined of legislation, so that it will create a law to consider the interests of the nature or interest-oriented law (Nature's interest-oriented law). Laws that protect and secure the interests of nature are a must to protect and secure nature against the decadency of the quality and the damage, in other words, nature and environment can be maintained continuously their preservation.
Munadjat Danusaputro distinguishes between Modern Environment Law that oriented to the environment or "Environment-Oriented Law" and Classical Environment Law that oriented to the use of the environment or "Used-Oriented Law".4 Modern Environmental Law establishes rules and norms to regulate human actions with the aims at protecting the environment from damage and decadency of quality in order to ensure preservation to be used directly and continuously by the present generation and next generations. On the contrary Classical Environment Law establishes rules and norms with the purpose to ensure the use and exploitation of environmental resources with human various sense and intelligence to achieve maximum results and within the shortest period of time.
According to Koesnadi Hardjasoemantri, environmental law is influenced by the development of the world economy which has been dominated by a classical and neo-classical view.5 According to the classical view due to the environmental extinction and damage is not perceived as a loss because it is considered that they do not have economic value, in other words only economical value thing that has a loss. While neo- classical according to this view is considered something that is valuable if only has economical value solely, that is, the individual property. Because air, water, rivers, and forests are not individual property, they are considered as no economical value and to be ignored.
But this view more extremely said that by-products such as garbage, waste and sewage are not included in the company cost and all is just thrown away for free on earth so that many companies are reprimanded for disposing waste resulting in pollution. From the two opinions above if we associate with the Environmental Management Law, Danusaputro Munadjat opinion leads more to legal firmness, while Koesnadi Hardjasoemantri regards to the political policy issues.
In contrast to John Rawls's view, that legal order and legal institutions should be placed in a neutral position of any substance, it is referred to as the formal justice. 6Thus the law must be neutral without any interference with the political policy so that law can run effectively, in this regard, including the environmental law.
Indonesia has established acts governing environmental namely Act No. 4 of 1982 was later changed by the Act No. 23 of 1997 and amended again with Act 32 of 2009. In this Act it is known as the "principle of polluter pays" in relation to compensation as provided for in Article 87 Clause (1) states that “Every person in charge of business and/or activities that perform illegal actions in the form of pollution and/or destruction of the environment causing harm to other people or to the environment must pay compensation and/or perform certain actions.” The article expressly requires the perpetrator of the pollution to pay compensation to others, which means that other people do not have to prove whether the acts committed by the person in charge of business and/or activities are on purpose or not.
4 St.Munadjad Danusaputro, 1980, Hukum Lingkungan Buku I, Umum, Bina Cipta, Bandung, page 34
5 Koesnadi Hardjasoemantri, Op. Cit., page 14
6 John Rawls, A Theory Justice , 2006, Teori Keadilan, Pustaka Pelajar, Yogyakarta, page 70.
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But the problems occurring are a few cases of environmental pollution related to compensation, neither of which has not been processed by law or that have been submitted by the public to the courts, there is no decision as the expectations of the public affected by the pollution and even it leads to conflict and prolonged suffering both materially and immaterially. Here for example, PT. Newmon Minahasa Raya is only able to pay 30 million US dollars, and this non-litigation completion way was regarded as the right solution. But in 2005, this case is processed through the criminal law. On April 24th, 2007 the Assembly of Judges of District Court of Manado acquitted pure Defendant I PT. Newmont Minahasa Raya and Defendant II Richard B. Ness of the lawsuit of environmental pollution. In the Decision Command, the Assembly of Judges stated that the Defendant I PT. Newmont Minahasa Raya and Defendant II, Richard Bruce Ness are not proven legally and convincingly guilty of committing a crime in the primary indictment, subsidiary indictment, the over subsidiary indictment, the over subsidiary indictment again.
Next is the case of hot mudflow of Lapindo Brantas in Sidoarjo, East Java, which result in a very large impact so that people are suffering from loss of material and immaterial, including the destruction of rice fields, and environment is being damaged. Then YLBHI filed a lawsuit against the Indonesian Government cq. President of Indonesia cq. Minister of ESDM (Energy and Mineral Resources) cq. State Minister of the Environment et al., PT. Lapindo Brantas Incorporated as the defendant as registered in the case No. 384/Pdt.G/ 2006/PN.JKT.PST District Court of Central Jakarta. Apparently the filing of compensation was rejected. Thus the provision of Article 87 Clause (1) of Act No. 32 of 2009, about compensation is significantly still having problems to be applied properly in the Judicial Institutions in Indonesia.
2. Solutions for Public to Get Compensation Due to the Environmental Pollution
Communities as the victims affected by environmental pollution as two examples above, show how weak the Judicial Institutions in Indonesia in making legal considerations for deciding cases of environmental pollution. In the civil law is known a term of Ius Curia Novit meaning that the judge is not allowed to reject the case and the judge should be able to find the law or the blank law (rechtvinding), moreover it has been arranged in an act clearly and definitely, so the judge continues to maintain the legal system and correct values in the society.7 System of polluter pays principle in the issue of compensation relating to environmental pollution has been clearly set out in Article 87 Clause (1) of Act No. 32 of 2009 and absolute responsibility is borne to the perpetrators of pollution. Therefore, the provision of compensation, in fact is no longer the responsibility of the communities affected by pollution to prove their argument, but it is required for the person in charge of business and/or activities to pay compensation without postulating their fault.
Thus in the provision of Article 87 Clause (1), there are words “compulsory” to pay compensation to people (affected by pollution), or the environment is a must for paying compensation which is not negotiable.
As the example of the compensation issue of hot mud flood of Lapindo Brantas in Sidoarjo East Java, which has been sued by environmental activists at the District Court of Central Jakarta, whose decision was rejected, eventually the people affected materially, prolonged social and psychological impact, not include losses due to deadly environmental pollution for living creatures and plants as well as rice field as their livelihood has not been resolved completely until now. Although the Indonesian government has taken over the handling of mudslide including payment of the loss, but the people do not feel satisfied in handling it, as it turns to the present the compensation payments process of the loss for the people affected by mudflow still have not completed yet.
7 . Lawrence M. Friedman, 2009, The Legal System A Social Science Perspectiv ( system Hukum Perspektif Ilmu Sosial diterjemahkan M. Khozim ), Nusa Media, Bandung, page 19.
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To every problem it is expected the best and fair solution and the environmental law system in Indonesia has been set up expressly and absolutely about compensation but in practice, people affected of pollution still have to fight hard until the stage in court. In fact even at the highest level through the political power to expect the most ideal solution, but we have to realize that sometimes there is no ideal solution. But a more reasonable solution is feasible.8 Starting from that point, then we invite all parties to be more realistic. If the Government specifies how the settlement of compensation to victims of Lapindo Brantas hot mudflow using pattern 20-80 it means; the first compensation is paid 20 percent and the rest in installments over two years in which it is considered as a feasible form. Only with that pattern Lapindo Brantas can fulfill their obligations for paying compensation to the community. The example of such a case, it turns out the process of compensation against environmental pollution cases, cannot be as expected as the provision of Article 87 Clause (1) of Act 32 of 2009. Thus, the solution is firstly to establish communication between the concerned parties to mount the case and secondly to find a mutually beneficial settlement.9 But according to the author, these two things do not abolish the acts, that is, criminal sanctions, so that in the future they do not repeat their acts again and they should always keep the environment sustainable.
D. CLOSING
From the description above it can be concluded as follows:
1. About compensation in the principle of polluter pays against environmental pollution in Indonesia has not been implemented properly in the legal system in Indonesia and the communities affected by the pollution are still in a weak position.
2. Although the law and the legal system have been set but solutions for people to obtain compensation due to environmental pollution which is effectively done is to establish communication between the concerned parties to settle their case and to find a mutually beneficial solution.
E. REFERENCES
- Daud Silalahi, 1992, Hukum Lingkungan Dalam Sistem Penegakan Hukum Lingkungan Indonesia, Alumni, Bandung.
- Edy lisdiyono, 2008, Legislasi Penataan Ruang Studi Tentang Pergeseran KebijakanHukum Tata Ruang Dalam Regulasi Daerah Di Kota Semarang, hasil penelitian disertasi Program Doktor, Universitas Diponegoro, Semarang
- Siti Sundari Rangkuti, 1986, Hukum Lingkungan dan Kebijaksanaan Lingkungan, Hasil Penelitian yang ditulis Dalam Disertasi, Fakultas Hukum UNAIR, Surabaya.
8 Banjir Lumpur Banjir Janji Gugatan masyarakat dalam kasus Lapindo, 2007, Penerbit Kompas, Jakarta, page 429.
9 Ibid, page 429.
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- St.Munadjad Danusaputro, 1980, Hukum Lingkungan Buku I, Umum, Bina Cipta, Bandung, hal.
- John Rawls, A Theory Justice , 2006, Teori Keadilan, Pustaka Pelajar, Yogyakarta, hal.
- Lawrence M. Friedman, 2009, The Legal System A Social Science Perspective (Sistem Hukum Perspektif Ilmu Sosial diterjemahkan M. Khozim ), Nusa Media, Bandung.
- Banjir Lumpur Banjir Janji Gugatan Masyarakat dalam Kasus Lapindo, 2007, Penerbit Kompas, Jakarta.
- Undang-undang No. 26 Tahun 2007, tentang Penataan Ruang.
- Undang-undang 32 Tahun 2009, tentang Perlindungan dan Pengelolaan Lingkungan Hidup.