Weak Investment Law Enforcement in Land and Forest Fire Cases in Indonesia
This article aims to analyze the formulation of sanctions in Indonesian investment law against foreign investors who commit environmental damage and pollution in the case of forest and land fires. This paper uses a legislative approach by analyzing the quality of legal norms on regulating sanctions...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Faculty of Law, Universitas Muslim Indonesia
2022-12-01
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| Series: | Substantive Justice International Journal of Law |
| Online Access: | https://www.substantivejustice.id/index.php/sucila/article/view/204 |
| _version_ | 1797974086963429376 |
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| author | Utji Sri Wulan Wuryandari Anggi Dewinta Chairani Myrna Asnawati Safitri |
| author_facet | Utji Sri Wulan Wuryandari Anggi Dewinta Chairani Myrna Asnawati Safitri |
| author_sort | Utji Sri Wulan Wuryandari |
| collection | DOAJ |
| description | This article aims to analyze the formulation of sanctions in Indonesian investment law against foreign investors who commit environmental damage and pollution in the case of forest and land fires. This paper uses a legislative approach by analyzing the quality of legal norms on regulating sanctions for foreign investors involved in forest and land fires. The results show that the current development of global investment law requires companies, including transnational companies, to carry out environmental responsibilities in addition to social responsibility and good governance. The need to build pro-environmental investment law is important to strengthen environmental law enforcement with a multi-door approach. This is not followed by the investment law in Indonesia. The country's Investment Law does not strictly regulate sanctions against investors who violate their obligations and responsibilities to maintain the environment. The aspect of government supervision of the implementatio of investor obligations is also weak. These weaknesses in legal substance show that investment law is not in line with today's investment objectives that require support for environmental preservation or better known as green investment. This paper concludes that investment law will not be effective in supporting law enforcement in forest and land fire cases due to the lack of sanction formulation and weak supervision. Because of this, the existing investment law is still far from the goal of realizing green investment in Indonesia. |
| first_indexed | 2024-04-11T04:14:29Z |
| format | Article |
| id | doaj.art-d504b0557ace452a9ecba504191417d8 |
| institution | Directory Open Access Journal |
| issn | 2599-0462 |
| language | English |
| last_indexed | 2024-04-11T04:14:29Z |
| publishDate | 2022-12-01 |
| publisher | Faculty of Law, Universitas Muslim Indonesia |
| record_format | Article |
| series | Substantive Justice International Journal of Law |
| spelling | doaj.art-d504b0557ace452a9ecba504191417d82023-01-01T03:33:12ZengFaculty of Law, Universitas Muslim IndonesiaSubstantive Justice International Journal of Law2599-04622022-12-015220521510.56087/substantivejustice.v5i2.204204Weak Investment Law Enforcement in Land and Forest Fire Cases in IndonesiaUtji Sri Wulan Wuryandari0Anggi Dewinta Chairani1Myrna Asnawati SafitriFaculty of Law, Pancasila University, Indonesia2Faculty of Law, Krisnadwipayana University, IndonesiaThis article aims to analyze the formulation of sanctions in Indonesian investment law against foreign investors who commit environmental damage and pollution in the case of forest and land fires. This paper uses a legislative approach by analyzing the quality of legal norms on regulating sanctions for foreign investors involved in forest and land fires. The results show that the current development of global investment law requires companies, including transnational companies, to carry out environmental responsibilities in addition to social responsibility and good governance. The need to build pro-environmental investment law is important to strengthen environmental law enforcement with a multi-door approach. This is not followed by the investment law in Indonesia. The country's Investment Law does not strictly regulate sanctions against investors who violate their obligations and responsibilities to maintain the environment. The aspect of government supervision of the implementatio of investor obligations is also weak. These weaknesses in legal substance show that investment law is not in line with today's investment objectives that require support for environmental preservation or better known as green investment. This paper concludes that investment law will not be effective in supporting law enforcement in forest and land fire cases due to the lack of sanction formulation and weak supervision. Because of this, the existing investment law is still far from the goal of realizing green investment in Indonesia.https://www.substantivejustice.id/index.php/sucila/article/view/204 |
| spellingShingle | Utji Sri Wulan Wuryandari Anggi Dewinta Chairani Myrna Asnawati Safitri Weak Investment Law Enforcement in Land and Forest Fire Cases in Indonesia Substantive Justice International Journal of Law |
| title | Weak Investment Law Enforcement in Land and Forest Fire Cases in Indonesia |
| title_full | Weak Investment Law Enforcement in Land and Forest Fire Cases in Indonesia |
| title_fullStr | Weak Investment Law Enforcement in Land and Forest Fire Cases in Indonesia |
| title_full_unstemmed | Weak Investment Law Enforcement in Land and Forest Fire Cases in Indonesia |
| title_short | Weak Investment Law Enforcement in Land and Forest Fire Cases in Indonesia |
| title_sort | weak investment law enforcement in land and forest fire cases in indonesia |
| url | https://www.substantivejustice.id/index.php/sucila/article/view/204 |
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