Karya Ilmiah

DISERTASI (118) - Prinsip Hukum Kelestarian Fungsi Lingkungan Hidup Dalam Pengaturan Fungsi Kawasan Hutan Lindung

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This dissertation examines three legal issues. Firstly, the legal principle of preservation of the environment in regulating the function of protected forest areas in Indonesia. Secondly, the synchronization of legislation in the field of forestry with other related legislation. Thirdly, the implementation of legal principle of environmental preservation within the function of the protected forest area regulation in the next future. Normative legal research was used in this dissertation. Meanwhile, legislation, conceptual, and case approach were applied as the approach of this research. In accordance with the nature of normative legal research, legal primary and secondary sources were used as the source of data. Then, those sources were analyzed and interpreted which mainly focused on legal principle issues of environmental function preservation within the advantage of protected forest area. The existence of law no. 19/2004 that is a change of law no. 41/1999 causes the regulation of protected forest function has no legal certainty. Obviously, there is a duality of regulation of protected forest area function. First, it is based on article 38 paragraph (4) of law no. 41/1999 and the second is under article 83A of law no. 19/2004 which is a change of law no.41/1999. Consequently, the protected forest cannot be functioned properly. Legal principle of environmental function preservation should be implemented in every legislation regulating the function of protected forest throughout the Republic of Indonesia. Therefore, it will ensure the legal certainty, values of justice and usefulness for the protected forest to function properly. However, the definition of preservation does not mean that the area is prohibited for any utilization at all; it is likely to be used and exploited as long as it will not cause any harm and reduce its main function
Keywords: Legal Principles of Environmental Function Preservation, Protected Forest Functions

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Ketersediaan

031170135

0118

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

118

Penerbit

Surabaya : Fakultas Hukum Unair., 2016

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

118

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM LINGKUNGAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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