INTERNATIONAL BUSINESS LAW

INTERNATIONAL ENVIRONMENTAL LAW AND POLICY

By:

FAHRI HUSAINI (2011102431493)

WARDATUN NISA (2011102431385)

BACHELOR'S STUDY PROGRAM IN MANAGEMENT

FACULTY OF BUSINESS AND POLITICAL ECONOMICS

MUHAMMADIYAH UNIVERSITY OF EAST KALIMANTAN

2024
 Human life is not far from the environment. The existence of life is very
dependent on the environment. The environment has provided various needs for
humans which are an absolute requirement for humans to be able to maintain their
lives. The environment provides water, air and sunlight which are absolute human
needs. Without water and air there would be no human life. Considering that the
existence of the environment is very important for human life, its sustainability must
be maintained. Humans must live in harmony with nature so that humans can enjoy
human life, so its sustainability must be maintained. Humans must live in harmony
with nature so that humans can enjoy their lives well.

According to Danusaputro, the environment or living environment is all

objects and forces and conditions, including humans and their actions, which exist
in the space where humans exist and influence the survival and welfare of humans
and other living things. Meanwhile, according to Soemarwoto, the living
environment is defined as the space occupied by a living creature together with the
living and non-living objects in it.

The environment has and provides natural resources that can be used for
human prosperity, for example forestry resources, mining materials, marine
resources and others. With science and technology owned by humans and
controlled by humans, they have utilized various resources provided by the
environment to improve the welfare of humans themselves. Humans use forests,
dig for mining materials, utilize marine resources for their welfare.

The use of natural resources by humans must be carried out wisely so that
environmental damage does not occur so that ultimately humans are not affected
by environmental damage. It is important to remember that excessive use of
natural resources can seriously damage the environment. Excessive use of natural
resources can cause environmental damage such as landslides and floods. In fact,
the result of human recklessness on the environment is the pollution of air, land,
rivers and seas with dangerous and deadly substances.

In protecting the environment, it is necessary to comply with existing laws

regarding the environment. International environmental law is a part or branch of
the development of international law. The use of the term international
environmental law originates from the development of the term international law
itself, so that the sources of international environmental law cannot be separated
from the sources of international law which always refer to article 38 of the Statute
of the International Court. The sources of international environmental law continue
to develop through various international treaties, international customary law,
general legal principles, court decisions, and the teachings of leading
scholars/doctrines. In the development of international environmental law, this
cannot be attributed to the problem of world natural resources which are spread
throughout countries, which are decreasing day by day in line with development
and the increasing number of world population.

The development of international environmental law which is currently a

topic of discussion in every country is the term "sustainable development or in
Indonesian, sustainable development". This term will be related to all aspects of
development and may be related to oil, gas, mining, maritime, economic and other
exploitation activities. The principle of sustainable development has become a
topic of discussion among the international community at various scientific
meetings because the global environment and world natural resources are
increasingly threatened by economic development carried out by humans. Feeling
concerned about natural resources supplying future generations, the United
Nations (UN) formed the World Commission on Environment and Development in
1983, led by former Norwegian PM Brundtland. This commission made its report
in a document entitled "Our Common Future" in which there is an understanding
of the concept of sustainable development.

DevelopmentConceptually sustainability actually started with the United

Nations Conference on the Human Environment (UNCHE) which was held on 5-
16 June 1972 in Stockholm. This conference produced a Declaration on the Human
Environment which he called a first step in developing international law which
contained 26 principles which in principles 1 and 2 already emphasized the
importance of preserving natural resources for the benefit of present and future
generations.

Every country is sovereign to regulate its domestic issues including

regulating its domestic issues including managing the management of its natural
resource wealth. The recognition that every country has full sovereignty over its
natural resources is based on international law contained in international law
sources. Sources of international law as regulated by Article 38 of the Statute of
the International Court of Justice. Article 38 of the Statute of the International Court
explains that the sources of international law refer to international treaties,
international customs, general legal principles, court decisions and the teachings
of leading scholars and various nations. In various sources of international law, it
is stipulated that every country has sovereignty and jurisdiction over its domestic
issues and natural resources. International agreements are very diverse in form,
starting from charters, statutes, treaties, conventions, covenants, protocols, and
others. These forms of agreements are often referred to as "hard law" because
they must be ratified by a country if that country wants to be bound by these
agreements, or international agreements will only bind a country once they have
been ratified. Meanwhile, the forms of agreements or more precisely agreements
which are often called "soft law" are declarations, resolutions of the UN General
Assembly.

The environmental approach itself is an instrument rather than a

geographic approach to determine the relationship between the elements in an
environment.This is related to the environment between living creatures and living
creatures or living creatures and their natural environment. The environmental
approach is also called ecology because it carries out research and analysis of
interactions and symbiosis between living organisms and their environment. An
example of an environmental approach is that humans use their environment to
turn it into something positive.

Environmental management is not solely the responsibility of the

government. The private sector and society also play a very important role in
implementing environmental management policies. Every person has the right and
obligation to participate in environmental management, so that the preservation of
environmental functions can be achieved.

InThere are 8 approaches/instruments in environmental management. The

choice of which approach/instrument to use depends on the salient environmental
characteristics and existing environmental problems. The 8 approaches are:

1. Technological Approach
 2. Administrative, Legal and Regulatory Approach
3. Economical Approach
4. Education/Training Approach
5. Sociocultural Approach
6. Socio-Political Approach
7. Ecological Approach
8. Religious Approach
In general, environmental problems are divided into 2 (two), namely
pollution and environmental destruction. According to Law 32 of 2009 concerning
Environmental Protection and Management in Article 13 Paragraph (3) states
"Control of environmental pollution and/or damage is carried out by the
Government, regional governments and those responsible for businesses and/or
activities in accordance with their authority, role and respective responsibilities."

Inimplementing environmental laws and policies, various approaches to

environmental management in Indonesia. as in the Public Relations Bureau of the
Ministry of Environment and Forestry, Monday, 19 December 2016. Strategic
Environmental Studies (KLHS) is a prevention instrument mandated by Law no. 32
of 2009 concerning Environmental Protection and Management which must be
implemented by the Government and Regional Governments to ensure that their
development planning is in accordance with the principles of sustainable
development. KLHS obligations by the Regional Government are also reaffirmed
in Law no. 23 of 2014 concerning Regional Government.

InThe substance of Law Number 32 of 2009 also regulates environmentally

based legislative regulations, this is contained in Article 44, namely "Every drafting
of legislative regulations at the national and regional levels must pay attention to
the protection of environmental functions and the principles of protection and
environmental management in accordance with the provisions regulated in this
Law." This is certainly important in filling legal policy content both at the center and
in the regions. This article is interpreted as not just making a legal regulation that
regulates the environment specifically, but broadly this applies to all legal
regulations that are prepared and regulate in any field, they must pay attention to
the principles of environmental protection and management.
 The role of business actors and/or activities in controlling environmental
pollution and/or damage is by completing the business they carry out with
environmental documents as stated in Government Regulation Number 22 of 2021
concerning the Implementation of Environmental Protection and Management in
Article 4 which states "Every plan businesses and/or activities that have an impact
on the environment are required to have an AMDAL; UKL-UPL; or SPPL”. An
example of a case where some entrepreneurs cannot open their business is the
case of development developments in Sleman Regency where most business
actors do not have a license or certification for AMDAL assessors or the formulation
of AMDAL documents. If you don't have it, you will be subject to legal sanctions as
regulated.

In carrying out environmental management and monitoring of businesses

and/or activities, business actors and/or activities are required to refer to
environmental documents that have been approved by the government in
accordance with the environmental impacts that will be caused by their business
and/or activities so that they remain environmentally sustainable. remain
sustainable. Likewise, in carrying out supervision (Article 493 PP. No. 22 of 2021)
which is an instrument for enforcing environmental law, the Regent/Mayor does so
based on environmental documents owned by the person in charge of the business
and/or activity.

Environmental law enforcement is an effort to achieve compliance with the

regulations and requirements in applicable environmental law provisions through
monitoring and providing recommendations for follow-up law enforcement in the
form of implementing sanctions (administrative, civil and criminal) in accordance
with Article 500 Paragraph (4) PP. No. 22 of 2021. Administrative sanctions are an
instrument that is preventive in nature and is carried out without going through a
trial (judicial) process so that its implementation can be more efficient in terms of
time and effective in terms of results when compared to civil or criminal law
enforcement which requires a more detailed process. long. Of course, the
application of administrative sanctions does not mean closing the possibility of
enforcing environmental laws in a repressive (criminal) manner if the impact of
violations committed by the person in charge of the business covers a very
significant area and population and seriously threatens the preservation of
environmental functions.

Persuasive steps in the corridor of environmental law enforcement are efforts to

apply legal rules known as the Ultimum Remedium, where the application of
criminal sanctions is the last resort of environmental law enforcement measures in
order to provide a deterrent effect and compliance of business actors with laws and
regulations in the environmental sector. life. If we illustrate in curing a patient's
illness, the dose of medication given should be appropriate to the level of illness
suffered by a patient so that it does not cause an overdose or in other words if a
violation of the provisions in the field of environmental protection and management
can still be controlled. by means of administrative law enforcement, criminal
sanctions are the last alternative in a last resort so that business actors and/or
activities submit and comply with existing regulations.

In accordance with Government Regulation Number 22 of 2021 concerning

Implementation of Environmental Protection and Management, administrative
sanctions in Article 508 Paragraph (1) are in the form of Written Warnings,
Government Coercion, Administrative Fines, Suspension of Permits, and
Revocation of Permits
Based on the above, the objectives of applying administrative sanctions are:
1. Protect the environment from pollution and/or destruction due to business
and/or activities.
2. Controlling environmental pollution and/or destruction.
3. Restoring the quality of the environment due to environmental pollution
and/or destruction.
4. Provide a deterrent effect for those responsible for businesses and/or
activities that violate laws and regulations in the field of environmental
protection and management.

Baseapplication of administrative sanctions: Legality of Authority,

Appropriate Procedures, Accuracy in Application of Sanctions, Certainty of the
Absence of Juridical Defects, and the Principles of Conservation and
Sustainability. Basically, the implementation of administrative law enforcement
provides more space for those responsible for businesses and/or activities to be
able to complete, improve and restore environmental conditions so that they
remain conducive to the business climate, thereby resulting in harmonization
between economic, social interests and the preservation of environmental
functions with adhere to the principle "What you give to nature, nature will return it
to you"

InWe can also review environmental problems through ADR "Alternative

Dispute Resolution", namely alternative dispute resolution. A procedure for
determining disputes by means other than litigation, such as arbitration or
mediation. Forms of alternative dispute resolution in law number 30 of 1999
concerning Alternative Dispute Resolution (Alternative Dispute Resolution) lists
several forms of ADR that can be applied in dispute resolution, namely negotiation,
mediation, conciliation, minitrial and summary jury trial. An example of a case that
solved a problem using ADR was the case of river pollution in Ngemplak village,
Margoyoso subdistrict, Pati district. In this case, there is a conflict between tapioca
flour industry entrepreneurs, where this industry produces waste which they throw
into the river, but they cannot handle this waste properly, where the levels of this
waste contain very large COD. Due to the very large amount of COD from this
waste being found in the river, the river water is used by residents for use in the
residents' rice fields, so it cannot be used by residents, especially farmers, because
it can damage the rice they plant. So this becomes a conflict and the conflict is
resolved using ADR "Alternative Dispute Resolution". As a result of the ADR, many
agreements occurred, such as compensation and implementing community
development programs and many more agreements occurred.
In this world there are many things that make us as citizens feel that we
often lose our rights to our environment. The issue of rights actually goes beyond
every problem that occurs, because in almost every line of life this problem always
appears very prominently but sometimes it also seems to be (deliberately) covered
up. In connection with these constitutional rights, Indonesia has issued three legal
products that contain the same rights in relation to the environment. However,
when compared between the three, the new law (UUPPLH 2009) has provided a
larger portion regarding these rights, namely by recognizing the existence of 8 eight
rights, which include substantive rights and procedural rights.
Considering the importance of this problem, it can be seen that apart from
Indonesia, constitutional rights and obligations related to the environment are also
contained in various constitutions of world countries, for example South Africa
(1996), Angola (1992), Armenia (1995), Netherlands (1983), Bhutan (2008), Brazil
(1988), Chile (1980), Ecuador (2008), Philippines (1987), Ghana (1992), India
(1976), South Korea (1987), Nepal (2007) , France (2006), Portugal (1976), Spain
(1978), and so on.
Socio-juridical studies of environmental compliance and the
constitutionalization of environmental rights involve legal, sociological and
philosophical analysis related to environmental protection and management.
Based on the information provided, several important aspects in this context
include:
a. Environmental Protection Law (UUPLH):
UUPLH is the main legal instrument for environmental protection and
management in Indonesia. The process of environmental management in
our country has been going on for a long time, but handling it according to
the ecosystem approach is still relatively new, while successful programs
in environmental management are in the hands of humans and the
community because it is very important to foster understanding,
appreciation and motivation among the community to participate. in
environmental development and management. Community participation in
environmental protection and management must be open to the public,
because the role of the community greatly influences the credibility of the
agency concerned, both from the private sector as managers and the
government, in other words, the information provided by the community is
very valuable to decision makers in the country. Indonesia. Environmental
protection and management in UUPPLH Article 1 point 2 is a systematic
and integrated effort carried out to preserve environmental functions and
prevent environmental pollution and/or damage which includes planning,
utilization, control, maintenance, supervision and law enforcement. We can
conclude that environmental management and protection from ancient
times to the present is very necessary to preserve the environment, but the
public and the private sector do not care about awareness in managing the
environment, so that nowadays environmental damage is very serious and
 detrimental to the surrounding ecosystem. [SOCIOLOGICAL ASPECTS OF
COMMUNITY PARTICIPATION IN ENVIRONMENTAL PROTECTION AND
MANAGEMENT]
b. Social and Environmental Responsibility (CSR):
The company's social and environmental responsibilities are regulated in
several statutory regulations, such as Law Number 40 of 2007 concerning
Limited Liability Companies. Regulation of Social and Environmental
Responsibility or Corporate Social Responsibility, the rules are stricter in
the provisions in Article 74 of Law Number 40 of 2007 concerning Limited
Liability Companies in conjunction with Article 15 letters b & d of Law No.
25 of 2007 concerning Capital Investment and article 1 number 3 states
that every investor is obliged to carry out corporate social responsibility. If
not, sanctions may be imposed ranging from written warnings, restrictions
on business activities, freezing of business activities and/or investment
facilities or revocation of business activities and/or revocation of business
activities and/or investment facilities (article 30 paragraph 1 of Law no. 25
of 2007). The discourse on Social and Environmental Responsibility or
Corporate Social Responsibility (CSR) is a serious concern for the
government and business people. This is due to the need for the
government and companies to jointly think about how to save the world's
natural resources whose balance is increasingly being disturbed and based
on the mandate of the 1945 Constitution regarding the national economy
and social welfare which must be regulated by the state for the prosperity
of the people, the government provides an obligation for corporations to
carry out Social and Environmental Responsibility or Corporate Social
Responsibility (CSR) through Law Number 40 of 2007 concerning Limited
Liability Companies and Law Number 25 of 2007 concerning Capital
Investment. [Judicial Study Regarding Social and Environmental
Responsibility Regarding Law no. 40 of 2007]
c. Society and Social Roles:
The community has an active role in protecting and managing the
environment, and the government must strive to provide environmental
protection. Article 28H paragraph (1) of the 1945 Constitution of the
Republic of Indonesia states that: Every person has the right to live in
 physical and spiritual prosperity, to have a place to live, and to have a good
and healthy living environment and the right to receive health services. 1
Therefore, the state, government and all stakeholders are obliged to protect
and manage the environment in the implementation of sustainable
development, so that the Indonesian environment can remain a source and
support for life for the Indonesian people and other living creatures.
[ENVIRONMENTAL LAW 2021]
d. State Constitution (UUDN):
The Republic of Indonesia Constitution of 1945 states that a good and
healthy environment is a human right and a constitutional right, society and
the government have the right and obligation to protect the environment.
The 1945 Constitution of the Republic of Indonesia also requires that the
existing environment be used for the greatest prosperity of the people. This
is stated in Article 33 paragraph (3) that: the earth and water and the natural
resources contained therein are controlled by the state and used for the
greatest prosperity of the people. The prosperity of the people must be able
to be enjoyed not only by the current generation, but also by future
generations in a sustainable manner. [ENVIRONMENTAL LAW 2021]
e. Constitutionalization of Environmental Rights:
The Indonesian Constitution provides the principles and objectives of public
policy that contain sustainable and environmentally sound intentions.
Indonesia's environment must be protected and managed well, based on
the principles of state responsibility, the principle of sustainability and the
principle of justice. In addition, environmental management must be able to
provide economic, social and cultural benefits based on the principles of
precaution, environmental democracy, decentralization, as well as
recognition and respect for local wisdom and environmental wisdom.
Environmental protection and management requires the development of an
integrated system in the form of a national policy for environmental
protection and management, which must be implemented in a principled
and consistent manner from the center to the regions, both by the
government and the community. [ENVIRONMENTAL LAW 2021]
 This study helps increase understanding of concepts related to
environmental compliance and the constitutionalization of environmental rights, as
well as assisting in creating more effective strategies for protecting and managing
the environment in Indonesia.

Environmental disputes between the community and the government; as

well as the government and corporations in the area of exploiting mining or forest
products, this is often a problem found in society. On the other hand, from year to
year, the environment has also become an interesting issue in various formal and
non-formal discussions.Settlement of environmental disputes in Law no. 32 of
2009 complements the previous law, as stated in Chapter XIII of Law no. 32 of
2009 states that Environmental Dispute Resolution can be achieved through court
or outside court (Article 84 paragraph (1)). In the second part regarding the
resolution of environmental disputes outside the court, it is stated in article 85
paragraph (1) that the resolution of environmental disputes outside the court is
carried out to reach an agreement regarding the form and amount of
compensation:

1) Recovery actions resulting from pollution and/or damage;

2) Certain actions to ensure that pollution and/or damage will not recur; and/or
3) Actions to prevent negative impacts on the environment.

Forms of environmental settlement outside of court adhere to the concept

of Alternative Dispute Resolution (ADR), which is carried out in the form of
mediation or arbitration. And in this section, the role of the National Police can enter
and act as a mediator in the implementation of mediation. This form of dispute
resolution does allow for a third party to act as an intermediary and not a policy
maker. Meanwhile, dispute resolution through the judiciary is regulated in the third
part of Law Number 32 of 2009 which consists of:

1) Environmental Compensation and Restoration

2) Absolute Responsibility
3) Government and Regional Government Claim Rights
4) Community's Right to Claim
5) Right to sue Environmental Organizations
6) Administrative Lawsuit
 However, behind it all, Law no. 32 of 2009 also recognizes what is called
the Ultimum Remedium principle, which requires criminal law enforcement to be
implemented as a last resort after administrative law enforcement is deemed
unsuccessful. The application of this principle only applies to certain formal crimes,
namely punishment for violations of waste water quality standards, emissions and
disturbances.
The resolution of environmental disputes through civil lawsuits consists of five,
namely:
1) Discussing the right to a healthy environment and enforcement of
environmental law.
2) Reviews Indonesian environmental law and the environmental judge
certification program.
3) Contains the development of the right to sue in enforcing environmental
law.
4) Discusses the development of evidentiary law and the application of
absolute liability in resolving environmental disputes.
5) Regarding calculating compensation for environmental restoration.
 BIBLIOGRAPHY
Suparto wijoyo, A’an Efendi, HUKUM LINGKUNGAN INTERNASIONAL, SINAR
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