Research-based environmental law: The debate between ecology versus development

Abstract

Nowadays, economic growth continues to be driven not followed by equity and justice compliance.Cases of natural resources looting, pollution and environmental destruction, forest fires and illegal mining, as well as the neglect of the rights of indigenous peoples, bring into a series of major issues and need study that are not limited to mono-discipline approach, but also to a more important study thatcan be used as a basic study toward a paradigm shift from all stakeholders and policy-makers in this country to synergize the importance of ecological with various dimensions of other interests, such as a fair and equitableeconomic growth, animproving quality of life and welfare of the people. Realizing the balance of ecological and development (economic) interests, have been used a wide variety of approach have been used to improve the environmental management in Indonesia, including command and control, self-regulation, voluntarism, education and information instruments, and economic instruments. These approaches has its weaknesses. These have to be improved. Moreover, as it turns out in pr actice, these efforts needed some more consistent policies in applying the principles of sustainable development for the control and utilization of environmental resources. In addition, strengthening the right to the environmental as a part of human rights, need support of policy-makers toward a paradigm change and a more concrete measures at the level of legislation policy in the field of environmental protection and management that is pro-people and support a judicial decision that is more rational and responsive.