The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia Practice
This study aims to offer an overview of the effect of environmental law sanctions, particularly criminal sanctions for restoring environmental functions for firms, on restoring environmental functions in Indonesia and Brazil. Using conceptual techniques, statutory methodologies, and comparative leg...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
| Published: |
Lembaga Contrarius Indonesia
2023-05-01
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| Series: | Journal of Human Rights, Culture and Legal System |
| Online Access: | https://www.jhcls.org/index.php/JHCLS/article/view/70 |
| _version_ | 1797791231156158464 |
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| author | M Zaid M. Musa Fadhel Arjuna Adinda Lamberton Cait |
| author_facet | M Zaid M. Musa Fadhel Arjuna Adinda Lamberton Cait |
| author_sort | M Zaid |
| collection | DOAJ |
| description | This study aims to offer an overview of the effect of environmental law sanctions, particularly criminal sanctions for restoring environmental functions for firms, on restoring environmental functions in Indonesia and Brazil. Using conceptual techniques, statutory methodologies, and comparative legal approaches with Brazil, this study examines how norms emerge in the law. The research shows that criminal sanctions for environmental function restoration in Indonesia have not had their full intended effect and often lead to confusion over their implementation since they do not specify a means of gauging whether or not their goals have been met. This discovery also suggests that criminal consequences for environmental function restoration have not been utilized to their full potential. This is because criminal sanctions do not offer a mechanism for gauging the degree to which ecological restoration efforts have been fruitful. Brazil, which is more likely to apply administrative sanctions and has a better impact, conducts a wide range of things, including imposing fines, canceling company licenses, and other preventative steps used to anticipate excessive environmental exploitation. Brazil has taken these precautions to avoid the negative effects of environmental overexploitation. The actions are in effect to ensure that environmental exploitation does not reach unsustainable levels. |
| first_indexed | 2024-03-13T02:15:53Z |
| format | Article |
| id | doaj.art-41bc21407f804b808fbce330139ff1d8 |
| institution | Directory Open Access Journal |
| issn | 2807-2979 2807-2812 |
| language | English |
| last_indexed | 2024-03-13T02:15:53Z |
| publishDate | 2023-05-01 |
| publisher | Lembaga Contrarius Indonesia |
| record_format | Article |
| series | Journal of Human Rights, Culture and Legal System |
| spelling | doaj.art-41bc21407f804b808fbce330139ff1d82023-06-30T12:42:18ZengLembaga Contrarius IndonesiaJournal of Human Rights, Culture and Legal System2807-29792807-28122023-05-013223626410.53955/jhcls.v3i2.7043The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia PracticeM Zaid0M. Musa1Fadhel Arjuna Adinda2Lamberton Cait3Faculty of Law, Universitas Islam Riau, Pekanbaru,Faculty of Law, Universitas Islam Riau, Pekanbaru,Faculty of Law, Universitas Islam Riau, Pekanbaru,University of Pennsylvania, Philadelphia,This study aims to offer an overview of the effect of environmental law sanctions, particularly criminal sanctions for restoring environmental functions for firms, on restoring environmental functions in Indonesia and Brazil. Using conceptual techniques, statutory methodologies, and comparative legal approaches with Brazil, this study examines how norms emerge in the law. The research shows that criminal sanctions for environmental function restoration in Indonesia have not had their full intended effect and often lead to confusion over their implementation since they do not specify a means of gauging whether or not their goals have been met. This discovery also suggests that criminal consequences for environmental function restoration have not been utilized to their full potential. This is because criminal sanctions do not offer a mechanism for gauging the degree to which ecological restoration efforts have been fruitful. Brazil, which is more likely to apply administrative sanctions and has a better impact, conducts a wide range of things, including imposing fines, canceling company licenses, and other preventative steps used to anticipate excessive environmental exploitation. Brazil has taken these precautions to avoid the negative effects of environmental overexploitation. The actions are in effect to ensure that environmental exploitation does not reach unsustainable levels.https://www.jhcls.org/index.php/JHCLS/article/view/70 |
| spellingShingle | M Zaid M. Musa Fadhel Arjuna Adinda Lamberton Cait The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia Practice Journal of Human Rights, Culture and Legal System |
| title | The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia Practice |
| title_full | The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia Practice |
| title_fullStr | The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia Practice |
| title_full_unstemmed | The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia Practice |
| title_short | The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia Practice |
| title_sort | sanctions on environmental performances an assessment of indonesia and brazilia practice |
| url | https://www.jhcls.org/index.php/JHCLS/article/view/70 |
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