Environmental Regulations (its Identification and Downstream Implementation in Bangka Belitung)

¹ Law Department, Bangka Belitung University, Indonesia
² Polotical Science Department, Bangka Belitung University, Indonesia
³ Law Department, Bangka Belitung University, Indonesia

^* Corresponding author: dwi83belitong@gmail.com

Abstract

Article 28H and section (4) of Article 33 in the Indonesian Constitution guarantee every citizen the right to a good and healthy environment with green economy. In order to implement it, the government issued Law No. 32 of 2009 on Environmental Protection and Management. The environmental regulations that became the umbrella act are facing challenges both in substance and implementation. Substantially, questions remain whether the green constitution has been incarnated in this regulation, and how it positions itself as the umbrella act for a number of regulations. In implementation, the challenges include the availability of legislations, from government regulations to technical policy, and its implementation in regional level, both at the provincial and regency levels in Bangka Belitung Islands. In each regime, the environmental issues have always been a part of strategic issues. This research focused on identifying environmental regulations from upstream to downstream, and how they are implemented in the context of environmental issues due to tin mining in Bangka Belitung. Data were obtained through literature review using statute and conceptual approaches.