Online ISSN: 2515-8260

Author : Aspan, Zulkifli

Legal Protection For Environmental Damage As Result Of Forest And Land Fires In Indonesia

Wahdah Zainal Imam; Zulkifli Aspan

European Journal of Molecular & Clinical Medicine, 2020, Volume 7, Issue 7, Pages 1166-1176

The aims of the research are to determine the essence of environmental damage and losses
due to a forest and land fire. The type of study is a normative or doctrinal research
supported by empirical data. The results of the research indicated that the environmental
loss arising from environmental damage and/or pollution does not constitute a lo ss of
private property owned by an individual (person), so juridically the right to sue for
environmental damages is equated with the persons with rights and obligations of other
legal subjects (human/legal entity). Compensation for environmental losses du e to forest
and land fires in Indonesia is carried out through the government's legal right. However,
the environmental law has given authority to the government agencies responsible for
carrying out public legal actions and at the same time the authority to enforce civil law,
which is in the field of Private Law; The Attorney General's authority in submitting a
claim for environmental compensation is carried out based on the existence of a special
power of attorney from the government agency responsible fo r the environment. Law
enforcement in the field of civil law, can be made arrangements to provide direct authority
(attributive) to the prosecutor's institution to be able to make a claim for compensation for
environmental damage caused by forest and land fires in Indonesia.

Omnibus Law Of State And Regional-Owned Asset Management Licensing

Kasman Abdullah; Abdul Razak; Zulkifli Aspan; Ahsan Yunus; Muhammad Ilham Arisaputra

European Journal of Molecular & Clinical Medicine, 2020, Volume 7, Issue 7, Pages 6894-6899

This article to analyze the concept of the Omnibus Law of State and Regional-Owned Asset Management Licensing. It is started by review the simplification of licensing regulations for the management of State or regional-owned assets. This study is a normative-legal research by using statute and conceptual approaches. Data were analyzed with descriptive qualitative analysis with content analysis. In this study, the authors used the qualitative research method, which (in general) generates words rather than numbers for analysis. The results show that Effort to simplify the concept of licensing through the omnibus law is need to be done in the management of State assets both State and regional assets, because in principle, a license is an instrument to guarantee legal certainty, certainty of rights and instruments of control. Licensing becomes as a requirement in granting rights on management or utilization of land controlled by the State, in other words, management rights on land controlled by the State existing due to the license. In a democratic rule of law, the license process must pay attention to the rights of citizens in democratic life. One of them is the application of the omnibus law for State and regional-owned asset management.