ISTISLAM, 090710169 D (2012) SANKSI PAKSAAN PEMERINTAH DALAM PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Legal issues of this research is the use of executive coercion (Bestuursdwang) as one element of the administrative law enforcement in the regulation of environmental protection and management. The purpose of this research is to discover the principles and concepts of the use executive coercion and settings sanctions in the protection and environmental management in accordance with the principles, concepts and characters according to administrative law and legal principles are relevant. This research is legal research using the statute, conceptual, historical and comparative approach. The results of this research are the use and the regulation of executive coercion must not exceed the limit of authority necessary to protect the environment in accordance with the principles, concepts and characters according to administrative law and other legal principles are relevant. Executive coercion in Act Number 32 Year 2009 is not in accordance with the principles, concepts and characters according to administrative law, and does not guarantee the implementation of the principle of legal certainty, the principle of prohibition of abuse of authority and arbitrary actions, the principle of justice, the principle of sustainable of natural resources and the principle of precautionary, because there are irregularities and confusion in the level of regulation. Keyword : executive coercion; the use of executive coercion; the regulation of executive coercion in the protection and management of environment. The results of this research are the use and the regulation of executive coercion must not exceed the limit of authority necessary to protect the environment in accordance with the principles, concepts and characters according to administrative law and other legal principles are relevant. Executive coercion in Act Number 32 Year 2009 is not in accordance with the principles, concepts and characters according to administrative law, and does not guarantee the implementation of the principle of legal certainty, the principle of prohibition of abuse of authority and arbitrary actions, the principle of justice, the principle of sustainable of natural resources and the principle of precautionary, because there are irregularities and confusion in the level of regulation.

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