This paper discusses different issues relating to the enforcement of environmental law in Indonesia in the long way of the Indonesian government to sustainable development. To reach reliable conclusion, socio-legal approach was employed in this paper. Throughout the work the researcher analyses environmental philosophies including anthropocentrism, biocentrism and ecocentrism. This phenomenon does not only pose responsibility to the government but also to private individuals or companies in their operations in order not to leave burdens to the shoulders of future generations. This ideology was not well ensured in the free-market economy and regional autonomy as the proliferated regulations were not directed to meet the efficient and equitable environmental principles. Hindrances to the effective implementation of environmental law, inter alia, the non-envisaged licensing system in administrative enforcement; ineffective civil damages towards the environmental losses; and non-reaching environmental criminal liability. Besides that, the persistent corruption is another impediment to the effective implementation of environmental law in Indonesia.
The growth of the aviation sector has significantly contributed to the global interconnectivity since World War II and presented a strong need for regulation. The Chicago Convention is the first air law that shaped the aviation industry. With that, the United Nations General Assembly set up the International Civil Aviation Organisation (ICAO) with responsibilities that could realise the aviation’s ideal. Despite this development, environmental protection was not a serious concern. However, aviation emissions and noise were later documented to be a serious threat to human health and welfare. ICAO, in its remits, has played a significant role in by establishing a regulatory framework through its policies and standards. With doctrinal method, the researcher discusses those policies and standards in the environmental perspective and their shortcomings in the prevention of GHG emissions and aircraft noise. He also reflects the importance of the United Nations Framework Convention on Climate Change (UNFCCC) 1992 and Kyoto Protocol 1997. Considerably, this paper highlights some areas that need improvements such as ICAO policies and standards’ implementation mechanisms, Global Market-Based Measure (GMBM), Radio Frequency (RF) spectrum, and conventional framework in ICAO. Hence, the researcher recommends respective stakeholders to enhance their partnership by embracing the concept of sustainability in the aviation industry.
The radio frequency spectrum is a limited natural resource, which is very important and strategic in the operation of telecommunications. Considering that it is a limited natural resource, its management is regulated internationally by the International Telecommunication Union (ITU), in which details are set out in the radio regulations (RR) as an integral part of the ITU Convention. The study is based on applicable legal regulations and is supported by literature studies. The results of the study indicate that the regulation of the radio frequency spectrum is based on radio regulations, international agreements within the ITU through the World Radio communication Conference forum. The implications of regulating the use of the radio frequency spectrum always take into account the general public needs for the dynamics of the progress in telecommunications technology, of which implementation of its utilisation rests in the principle of fairness and equity between regions, and efficiency. Therefore, all policies made are directed at creating a market balance, ensuring fair competition between telecommunication operators as a potential to prevent market dominance, as well as protecting consumers.
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