E3S Web Conf.
Volume 202, 2020The 5th International Conference on Energy, Environmental and Information System (ICENIS 2020)
|Number of page(s)||6|
|Section||Environmental Policy, Planning and Education|
|Published online||10 November 2020|
Judicial Activism in Judge’s Verdict to Law Enforcement of Environment
Faculty of Law, Diponegoro University, Semarang
* Corresponding author: firstname.lastname@example.org
Law enforcement to protect the environment as lay in Act Number 32 Year 2009 of Protection and Management of Environment, can be make from administrative, penal and private law. Government that includes legislative, executive and judicative has role and responsibility to perform welfare for citizen. The administrative lawsuit goes to Administrative Court, follows the Act Number 5 Year 1986 of Administrative Court for procedural process. This research based on normative legal research, which is descriptive analysis. Also using conceptual and statute approach, and research data used are literature and secondary data. The good understanding of principle of good environment, become important for judge and government to do their duties to protect the environment. Judge has an important role in law enforcement due to protection of environment, by using judicial activism. Through judge’s verdict, judge has to conceive wisely the importance of environment and the principle of good environment governance. Government should be based on environment ethic as a guidance to make, prepare the regulations, permissions due to protection of environment. Antroposentris and biosentris approach might be used to prepare the green regulations and green permissions.
Key words: judicial activism / judge verdict / law enforcement
© The Authors, published by EDP Sciences, 2020
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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