Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia

Research Article

Building A Legal Reasoning Based on Environmental Conservation in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.27-7-2022.2326305,
        author={Tri Laksmi Indreswari},
        title={Building A Legal Reasoning Based on Environmental Conservation in Indonesia},
        proceedings={Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={IWLEG},
        year={2023},
        month={1},
        keywords={legal reasoning judges environmental conservation environmental law enforcement},
        doi={10.4108/eai.27-7-2022.2326305}
    }
    
  • Tri Laksmi Indreswari
    Year: 2023
    Building A Legal Reasoning Based on Environmental Conservation in Indonesia
    IWLEG
    EAI
    DOI: 10.4108/eai.27-7-2022.2326305
Tri Laksmi Indreswari1,*
  • 1: Universitas Diponegoro
*Contact email: trilaksmi72@gmail.com

Abstract

Judges in Indonesia can base their considerations on international legal rules regarding environmental law which are seen as jus cogen which has attained strength as a peremptory norm. The purpose of this research is to analyze the process of legal reasoning by judges and to develop legal reasoning based on environmental conservation. The approach method used in this research is juridical-normative. The results of the study show that the legal reasoning of judges in handling environmental cases, especially in Indonesia, has so far focused on legal positivism which emphasizes the value of legal certainty which has implications for case enforcement which is limited to imposing sanctions on the accused/perpetrator. Environmental conservation should be the main focus for judges to carry out legal reasoning so that legal benefits can be realized with certainty since environmental conservation means protecting various interests including the interests of individuals who interact with the environment.