A REVISIT TO INDONESIAN ENVIRONMENTAL HUMAN RIGHTS

Romsan, Achmad and Kamaruddin, Hanim and Mohammed Isa, Suzanna (2011) A REVISIT TO INDONESIAN ENVIRONMENTAL HUMAN RIGHTS. In: Facing The Contemporary Global Legal Challenges. Universiti Utara Malaysia, Malaysia, pp. 24-34. ISBN 978-983-2078-56-2

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      Abstract

      The notion to incorporate environmental rights into human rights derives from Principle 1 of the 1972 Stockholm Declaration on the Human Environment and restated in Principle 1 of the 1992 Rio Declaration on Environment and Development. This declarations are soft laws for that the 1998 Aarhus Convention translates Principle 1 in the Declarations above that the environmental human rights were outlined by the access to information, public participation in decision making, and the access to justice in the environmental matters. The 2009 Indonesian Law no.32 on the Protection and Management of Environment have set about the rights relating to environmental human rights as stated in the Aarhus Convention although Indonesia has not a party to that Convention but mechanisms to manifest environmental human rights have not yet implemented into legislation and regulations. As a result, the 2009 Law no. 32 above does not effective to protect people's environmental human rights. On the contrary, the 1999 Indonesian Act No. 39 on Human Rights is in favoured to those environmental rights but still ill formulated. Whilst in the International Convention on Human Rights do not include environmental human rights. State's political will are encouraged to fuse the definition of environmental rights into the existing conventions of human rights. Thus any violation of environmental rights is also considered a violation of human rights. This paper tries to observe and analyse the gap that exists between environmental declarations with international conventions on human rights as well as the gap between the Indonesian environmental laws with the human rights law. The conclusion of this paper suggests that human rights mechanisms should be considered in resolving environmental conflicts that occur in society in Indonesia. Thus, certain modifications or amendments should be made to strengthen the environmental rights in the Human rights Law of 1999 No. 39.

      Item Type: Book Section
      Uncontrolled Keywords: environmental rights, human rights, Indonesian laws.
      Subjects: K Law > K Law (General)
      Divisions: UNSPECIFIED
      Depositing User: Dody Nopriansyah MbuL
      Date Deposited: 06 Jan 2017 11:42
      Last Modified: 06 Jan 2017 11:42
      URI: http://eprints.unsri.ac.id/id/eprint/6962

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