Proceedings of the Unima International Conference on Social Sciences and Humanities (UNICSSH 2022)

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The Philosophy of Liability in Environmental Disputes

Authors
Janeman Jehezkiel Lanawaang1, *, Lesza Leonardo Lombok1
1Law Study Program, Faculty of Social Sciences and Law, Manado State University, Tondano, Indonesia
*Corresponding author. Email: yannylanawaang@gmail.com
Corresponding Author
Janeman Jehezkiel Lanawaang
Available Online 17 January 2023.
DOI
10.2991/978-2-494069-35-0_235How to use a DOI?
Keywords
Liability; Environmental Law; Environmental Disputes
Abstract

Ontology in philosophy is a philosophical perception related to what and how. Legal norms that affirm people's rights to a good and healthy environment as a form of state responsibility and obligation have basically been regulated in Article 28 (h) of the 1945 Constitution of the Republic of Indonesia. On the other hand, Environmental law is a functional field of law, which is a field of law that contains provisions of state administrative, criminal and civil law. Problems in the environment occur because of destruction and or pollution so that a good and healthy environment cannot be guaranteed anymore and causes losses to other parties. One option for resolving environmental disputes is to use civil law instruments where the application of civil law rules is primarily to provide more legal protection for the natural environment/forest as well as victims who suffer losses as a result of forest destruction. Therefore, this study aims to examine the philosophy of liability in an environmental dispute related to Indonesian Law.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the Unima International Conference on Social Sciences and Humanities (UNICSSH 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
17 January 2023
ISBN
10.2991/978-2-494069-35-0_235
ISSN
2352-5398
DOI
10.2991/978-2-494069-35-0_235How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Janeman Jehezkiel Lanawaang
AU  - Lesza Leonardo Lombok
PY  - 2023
DA  - 2023/01/17
TI  - The Philosophy of Liability in Environmental Disputes
BT  - Proceedings of the Unima International Conference on Social Sciences and Humanities (UNICSSH 2022)
PB  - Atlantis Press
SP  - 1963
EP  - 1968
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-35-0_235
DO  - 10.2991/978-2-494069-35-0_235
ID  - Lanawaang2023
ER  -