Government Responsibilities in Community Participation Based Environmental Management for Bali Regional Development I Nyoman Gede Sugiartha (a*), I Made Minggu Widyantara (b), Nyoman Sujana (c)
Fakultas Hukum Universitas Warmadewa Denpasar
Abstract
A good and healthy environment is among the fundamental human rights of every citizen of Indonesia as mandated in Article 28H of the 1945 Constitution of the country. However, the inability to properly manage the environment contributes to its deteriorating state, hence, the need to increase awareness in environmental protection and management. Also, sustainable environmental protection and management is the responsibility of both the government and the whole community but the government is to ensure that all residents have a good and healthy environment. Additionally, the government could be held accountable administratively when fails to carry out its primary obligations following the community aspirations. Therefore, the purpose of this study was to determine the government^s responsibility in environmental management and the legal consequences of its decisions not following community aspiration through participation in Bali. This is normative legal research that involved the application of legislation, conceptual, philosophy, history, comparison cases, and cultural approaches based on the wisdom of the local community. The results show some difficulties encountered in environmental protection and management, thereby causing a decrease in the quality of the environment. Furthermore, perpetrators of environmental destruction through pollution should be held accountable both in civil and criminal law. However, participatory enforcement by integrating the values developed in maintaining and preserving the environment is an ideal form of prudent protection and management in achieving a sustainable regional environment.
Keywords: Government responsibility- Community aspirations- Environmental law- Law enforcement
