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Constitutionale is a journal published by the Faculty of Law, University of Lampung under the Creative Commons Attribution-ShareAlike 4.0 International License

Volume 4 Issue 1, March 2023: PP: 49-60

Faculty of Law, University of Lampung, Bandar Lampung, Indonesia.

http://jurnal.fh.unila.ac.id/index.php/constitutionale P-ISSN:2723-2492 E-ISSN: 2745-9322

Constitutional Rights Guarantee and Integrated Licensing System for Sustainable Environmental Development in East Kalimantan

Dani Berlan Ramadhan1, Shaffira Maharannie Putri Arkian Arief2

1SDG Academy, Indonesia

E-mail: daniberlaramadhan@gmail.com

2SDG Academy, Indonesia E-mail: smpaa.unie@gmail.com

Article Information Abstract

keywords :

Environment, Licensing, Sustainable Development.

DOI:

https://doi.org/10.25041/constitutio nale.v4i1.2937

Sustainable development in East Kalimantan requires guarantees of constitutional rights and an integrated environmental licensing system. This is important because development that does not pay attention to environmental aspects can have a negative impact on people's quality of life and environmental sustainability.

The guarantee of constitutional rights is the first step in protecting people's rights to a healthy and sustainable environment. Meanwhile, an integrated licensing system can minimize adverse environmental impacts and increase compliance and transparency in decision- making. This study examines the importance of guaranteeing constitutional rights and an integrated licensing system in sustainable environmental development in East Kalimantan. The approach used is qualitative by using secondary data such as statutory documents and research reports. The research results show that constitutional rights guarantees and an integrated licensing system are essential in ensuring sustainable development in East Kalimantan.

Guaranteed constitutional rights can provide legal certainty and protection of people's rights to a healthy and sustainable environment. Meanwhile, an integrated licensing system can help maintain environmental sustainability and provide legal certainty for investments in sectors that have an impact on the environment. However, there are still challenges in implementing constitutional rights guarantees and integrated licensing systems, such as coordination between agencies, limited human and technological resources, and public awareness about the importance of protecting the environment. Therefore, good Submitted: Feb 27, 2023; Reviewed: March 20, 2023; Received: March 26, 2023

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coordination between the government, the community and the private sector is needed to protect the environment and ensure sustainable development in East Kalimantan.

A. Introduction

The environmental crisis is one of the significant challenges in this century besides the issue of global economic recession. Many developing countries experience these environmental problems as a result of various kinds of development activities aimed at improving people's welfare. It is undeniable that efforts to carry out development will definitely have an impact, both positive and negative, on the environment.

The environment has characteristics as a determining factor in development which tends to decline both in quantity and quality. Therefore it needs serious handling in the utilization of natural resources so that the concept of sustainable development can be realized.

Development has two sides, namely besides the interest to increase national production, which tends to cause environmental damage due to a production process. Meanwhile, on the other hand, there is an obligation to maintain and protect the quality of the environment.1

Where humans are entitled to a healthy, reasonable, and friendly environment. In Fundamental Rights, the Environment is one of the rights that cannot be separated from humans. The environment is also one of the human rights that cannot be separated from human life itself, both before birth and after death. So that the Environment, which is a person's Basic Right is also regulated and protected by the Constitution of the Republic of Indonesia in this case is the 1945 Constitution.

East Kalimantan is one of the islands that has many problems related to environmental permits, including high deforestation, one of the causes of which is the issuance of permits for land use and exploitation of natural resources that are not environmentally sound. In addition, there is a lack of coordination between related agencies in issuing environmental permits.

Licensing processes are often carried out separately by the relevant agencies, so coordination between agencies that are not optimal results in overlapping authorities and unclear licensing procedures which have an impact on the length of the licensing process.

Management and utilization of the environment and natural resources normatively must pay attention to the balance and sustainability of environmental functions and quality standards.2 Natural resources that exist today are not only intended for the present generation but must also pay attention to future needs. Thus the management and utilization of the environment and natural resources must be carried out in a controlled and reasonable manner.

In an effort to maintain and control the negative impacts of environmental and natural resource exploration activities, an active role is required from parties as policy makers to regulate and regulate all forms of exploration and exploitation of natural resources, especially in the environmental field through instruments known as permits.

One of the relevant previous studies is the study by Suryanto and Widodo on analyzing the effectiveness of an integrated licensing system in environmental management. The study concludes that an integrated licensing system can increase the effectiveness of environmental management, especially in reducing the negative impacts of development projects. The results

1 Shafira Arizka Maulidyna, "Politics of Environmental Law in Environmentally Friendly Sustainable Development Policy in Indonesia," Urnal of Social Sciences Humanities LPPM University of Jambi XXIX, no. 265 (2022): 265–92, https://doi.org/10.28946/sc.v29i2.1814.

2 Muhammad Akib, Global and National Perspective Environmental Law, Ed. Rev-Cet.5 (Depok: Raja Grafindo Persada, 2021).

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of this study can be used as a reference in implementing an integrated licensing system in East Kalimantan, taking into account the factors that influence its effectiveness.3

This paper will explain the importance of integrated licensing as a government instrument in efforts to regulate and regulate with the aim of directing or controlling as well as preventing and protecting particular objects, especially in the environment and natural resources field. By using empirical normative legal research methods, normative research methods aim to produce normative or theoretical views related to a topic or problem under study, while empirical research methods aim to test hypotheses or produce empirical facts based on observation, measurement, or experiment. Using a statutory and conceptual problem approach. With secondary data sources consisting of primary legal materials, secondary legal materials,

Based on the problems described above, the goal to be achieved from this paper is to find out how the constitution guarantees the fundamental rights of the people to obtain a Healthy Living Environment. As well as to find out how the implementation of environmental permits can realize sustainable development, which in particular will add to scientific studies in the field of State Administrative Law and Constitutional Law.

The discussion in this paper is a novelty from research with a similar theme, in which an ideal concept will be presented regarding the provisions of the Basic Rights of Indonesian Citizens to the need for a good and healthy environment. Then efforts to realize the ideal concept mandated by the constitution are carried out through a State Administrative Law instrument called the Integrated Licensing for the Environment Sector. So that there will be continuity between Constitutional Law and State Administrative Law which is different from previous studies. The benefits of this paper in general will increase public knowledge in general regarding the fundamental rights of the community in obtaining a healthy environment based on the constitution and the management of environmental permits in sustainable development.

B. Discussion

1. The Constitution Guaranteeing the Basic Rights of the People in Obtaining Environment Healthy living

For countries with a constitutional democratic system, the study of constitutional law is very important. This is because the constitution is the fundamental law that forms the basis for all statutory regulations. All provisions in statutory regulations are unlawful if they conflict with the constitution.4 The constitution is a higher law or even the highest and fundamental because the constitution itself is a source of legitimacy or the basis for ratifying other forms of law or legislation.5

The constitution has undergone a transformation and functions as a principle or basic rule in the administration of a state which in its journey must keep up with the times (the living constitution).6 Thus the constitution has an essential meaning in its implementation, which must be carried out in earnest either through a form of legislation or policy products from State Administrators. In relation to environmental protection, the norms in the constitution,

3 Widodo Suryanto, "Analysis of the Effectiveness of an Integrated Licensing System in Environmental Management,"

Journal of Civil and Environmental Engineering 4, no. 1 (2020): 47–54.

4 Muslim Lobubun, Yohanis Anthon Raharusun, and Iryana Anwar Biak-Papua Law College, "Inconsistency of Legislation in the Administration of Regional Government in Indonesia," Diponegoro University 4, no. 2 (2022): 294–322.

5 SH Prof. Dr. Jimly Asshiddiqie, Indonesian Constitution and Constitutionalism, ed. Tarmizi, Ed. 2. Cet. (Jakarta: Sinar Graph, 2017).

6 Pan Mohamad Faiz, "Environmental Protection in a Constitutional Perspective Environmental Protection in a Constitutional Perspective," Journal of the Constitution 13, no. 4 (2016): 766–87.

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which mention the environment and sustainable development certainly have great legal influence. These provisions will affect various policies in efforts to protect and manage the environment both at the national and regional levels. In addition, the constitutionality of environmental principles will give birth to legal rules that must apply at various levels of government, starting from the provinces, cities, and districts.7

In relation to the environment, the term Green Constitution is known, which seeks to encourage sustainable development from an environmental perspective. However, recognition of the Green Constitution is still very limited only through the mandate of Article 44 UU- PPLH which states that the preparation of laws and regulations at the national and regional levels must pay attention to the protection of functions and principles of environmental protection and management.8

Guarantees for a healthy environment for all Indonesian people have been regulated in the Constitution of the Republic of Indonesia in Article 28 H of the 1945 Constitution with the aim of zoom out and prevent environmental violations. Based onHeinhard Steiger CS, the right to a good and healthy environment is a subjective right as a form of overall human protection. The right to a healthy environment is often referred to as a fundamental right that must be protected without sacrificing the survival of others.9

According to the Constitution, Indonesia has legal products which are also legal instruments in regulating human relations with the environment, which are contained in Law Number 32 of 2009 concerning the Protection and Management of the Environment (UUPPLH) as provisions governing the enforcement of environmental law from environmental aspect. State Administration, Criminal, and Civil where Constitutional Law is a legal instrument that has an important position inimplementationEnvironmental Law through licensing and supervision of its implementation.

In the context of discussing the Environment, Environmental Law is a field of Indonesian law that is referred to as the field of functional law because it regulates environmental rights in terms of State Administration, Criminal, and Civil Affairs. The Indonesian constitution is also known as the Green Constitution, which is specifically regulated in the provisions of Law Number 32 of 2009 concerning the Protection and Management of the Environment or UUPPLH.

The Green Constitution is the rules in the constitution that are used as a reference in the formation of laws and regulations under it so that all provisions originate from the constitution which is oriented towards preserving the function of the Environment.10 The term Green Constitution in the Indonesian constitution because the Indonesian Constitution expresses and stipulates in detail the fundamental rights of every person to obtain a healthy environment and protection of the environment itself.

Based on Jimly Asshiddiqie's thoughts, the Green Constitution or the Green Constitution stipulates environmental sovereignty or ecocracy in which the environment is no longer an

7 Mohammad Faiz.Ibid.

8 I Gede Yusa and Bagus Hermanto, "Implementation of the Green Constitution in Indonesia: Guarantee of Constitutional Rights for Sustainable Environmental Development," Journal of the Constitution 15, no. 2 (2018): 306, https://doi.org/10.31078/jk1524.

9 Ulfa Reskiani et al., "Optimizing the Green Constitution: Strengthening Environmental Legal Norms in the Judicial System in Indonesia," NomokrasiI: LeDHaK Journal, Faculty of Law UNHAS 1, no. 2 (2023): 41–55.

10 Satriya Nugraha, "Embodiment of a Green Constitution in Non-Peat Land Management for Indigenous Peoples of Central Kalimantan," Proceedings of the National Seminar on the University of PORI Palangka Raya 1, no. 4 (2022): 238–52, https://doi.org/https://doi.org/10.54683/puppr.v1i0.26.

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arbitrary object in human thought but a subject that has its right to be preserved and protected from damage.11

The concept of Green Constitution is also related to Green Democracy which gave birth to the term democracy in the development of Green Constitution which refers to the concept of democracy from environmental philosophy by Henryk Skolimowsky which considers the relationship between one individual and another individual and their environment in the principle of development.12

In the 1945 Constitution it is stated that the state has to prosper the people, which is regulated in detail in the provisions of Article 33 of the 1945 Constitution where Indonesia adheres to constitutional environmental and economic norms. This means that in implementing the State's economy, it is also necessary to pay attention to the Environment, which is an integral provision included in the concept of Sustainable Development. So in practice, there is an essential role for legal politics, in this case the State Administrative Officer or the Government where the constitution on environmental protection and the fundamental right of the people to obtain a healthy environment can work with the state system, accompanied by the government's environmental policy.

The Government's role in guaranteeing the fundamental right of the people to obtain a healthy Environment is manifested in the form of an Environmental Permit for any business or activity that has a negative impact on the Environment. Meanwhile, the State itself has powers that can influence politics, the economy, repressive and persuasive powers that can carry out the task of managing the Environment, and force through its institutions to comply with laws and regulations in the Environment. Based on the description above, the State and Government synergize in the field of Environment in terms of strengthening environmental policies into a Constitution with solid legitimacy. Which in this case can be in the form of Environmental Licensing in a business or activity that may have an impact on the Environment.

2. Implementation of Environmental Licensing in Realizing Sustainable Development The implementation of Environmental guarantees can be assessed through three aspects, namely availability, accessibility, and acceptability. Availability or availability means where there is availability to assist policy making in creating a healthy and good environment for the community. Accessibility means that a healthy and good environment can be owned and accessed by everyone without any discrimination. While acceptance implies providing good and healthy environmental quality for the community with policies and program implementation that must be supported by good human and technological resources.

Talking about environmental licensing will be very closely related to the problem of illegal exploitation of the environment and natural resources. The exploitation of natural resources occurs in many sectors, such as forestry and mining. The state is basically very disadvantaged due to the illegal management of natural resources because the state loses revenue through taxes on exploited natural resources. Meanwhile, operations carried out illegally will certainly not be in accordance with the procedures stipulated in laws and regulations, so the potential for pollution and damage will increase and impact the needs of future generations.

11Taufiqurrohman Syahuri, et al. “Environmental Arrangements in the Perspective of the Indonesian Constitution,”

İlköğretim Online vol. 20, no. 3 (2012): 417-423, 10.17051/ilkonline.2021.03.41

12 Lusi Puspita Sari, "Constitutionalization and Implementation of the Green Concept in the 1945 Constitution," Proceedings

of the National Seminar 2 Tarumanagara University, no. 1 (2022): 815–24,

https://doi.org/https://doi.org/10.24912/pserina.v2i1.20075.

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As an example, we can find data on the number of cases of illegal natural resource management that have occurred in East Kalimantan Province as follows:

Table. 1. Data on Illegal Cases of Natural Resource Management in East Kalimantan for 2019

Regency/ City

Number of Illegal Natural Resource Management Cases

Forestry Mining

2018 2019 2018 2019

Paser 4 4 - -

West Kutai 5 7 - -

Kutai Kartanegara - 4 6 5

East Kutai 9 11 - -

Berau 7 9 - 1

Penajam Paser Utara 1 6 3 -

Mahakam Ulu - - - -

Balikpapan 7 2 - -

Samarinda - - 4 7

Bontang - - - -

Total 33 43 13 13

Source: East Kalimantan Police

From the data table above, we can see that in fact there is still a lot of illegal management and exploitation of natural resources. Therefore, to preserve the environment, we need a legal instrument that can regulate and regulate and control the management and utilization of the environment and natural resources. The legal instrument that can be used in efforts to control and regulate the environment is integrated licensing in the environmental sector. The permit aims to prevent and overcome problems that arise in the environmental sector. The provisions in UUPPLH Article 18 Paragraph (1) state that:

"Every business and/or activity that creates a large and significant impact on the environment is required to have an analysis of environmental impacts in order to obtain a permit to carry out a business and/or activity."

Borrowing the opinion put forward by I Gede Pantja Astawa that as a welfare state that is embraced by Indonesia, the main task of the government is to realize the goals of the state, one of which is through public services and government participation in social life.13

In the framework of controlling the management and utilization of the Environment, one of the authorities of the government is to issue environmental permits. Licensing has the purpose and function of controlling government activities in certain matters which contain

13 I Gede Pantja Astawa, Functional Relations Between State Administrative Law and Law no. 4 of 1982 concerning Basic Provisions for Environmental Management and Their Implementation in the Thought Dimensions of State Administrative Law, 2nd (Yogyakarta: UII Press, 2002).

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guidelines that must be carried out by interested parties or authorized officials.14 Quoting what Dr. Helmi said that licensing is an authority and monopoly that can be carried out by the government, there is no other institution outside the government that can issue environmental management permits, and this is related to state principles. Power over the interests of the lives of many people.15

What was said by Dr. Helmi is in line with the constitutional mandate contained in Article 33 Paragraph (3) of the 1945 Constitution of the Unitary State of the Republic of Indonesia, which reads:

"Earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people."

From the perspective of State Administrative Law, a permit is a State Administrative Decree (KTUN) issued by an authorized State Administration Officer (TUN) whose contents are concrete, individual, and final.16

Thus it is clear that the implementation of permits, especially in the field of the Environment, is a government tool that is juridically preventive and is used as a controller of people's behavior. As stated by Dr. Ridwan HR one of the characteristics of the welfare state concept is the government's obligation to strive for the general welfare.17In relation to sustainable development, several principles are then used as the basis for the formation of Environmental Law, these principles are the principle of justice between generations, the principle of justice between generations, the principle of early prevention, the protection of biodiversity, the principle and internalization of environmental costs.18

With the full implementation of these principles in a licensing system that is integrated by the government and then supported by UUPPLH as a positive law that regulates the control and management of the Environment in Indonesia, then it is possible to achieve sustainable development. In protecting the Environment from high human needs, the Government regulates provisions regarding Environmental Permits to protect the Environment from human activities or efforts that have a negative impact on the Environment. Based on Article 4 of Government Regulation Number 22 of 2021, which stipulates that every business or activity plan that has an impact on the Environment must have an Environmental Impact Assessment (AMDAL), Environmental Management Efforts and Environmental Monitoring Efforts (UKL-UPL), and Environmental Management Statement Letter (SPPL).19 More details are regulated in Law Number 32 of 2009 concerning Environmental Protection and Management, which was amended by Law Number 11 of 2020 concerning Job Creation which was later revoked by Government Regulation in Lieu of Law (Perpu) Number 2 of 2022 concerning Job Creation.

Based on Article 22 Number 1 of Perpu Number 2 of 2022 concerning Job Creation which changed the provisions of Article 1 Number 12 of Law Number 32 of 2009 concerning Environmental Protection and Management, UKL-UPL or Environmental Management Efforts and Environmental Monitoring Efforts is a series of environmental management and

14 MH Adrian Sutedi, SH, Licensing Law in the Field of Public Services, ed. Tarmizi, Ed. 1 ct. (Jakarta: Sinar Graphic, 2011).

15 MH Dr. Helmi, SH, Environmental Licensing Law, ed. Tarmizi, first edition. (Jakarta: Sinar Graphic, 2012).

16 Yonnawati, "Law Enforcement of Administrative Sanctions Against Licensing Violations," JHM 3, no. 1 (2022), https://www.ptonline.com/articles/how-to-get-better-mfi-results.

17 Dr. Ridwan HR, State Administrative Law, Ed. Revision (Depok: Rajawali Press, 2018).

18dr. Helmi, SH, op. cit, p., 30

19 Gloria Cantika Karunia Putri Kaunang, Jemmy Sondakh, and Herlyanty Bawole, "An Analysis of the Environmental Impact of a Business or Activity According to Government Regulation Number 22 of 2021," Lex Crimen 12, no. 1 (2021).

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monitoring processes outlined in standards to be used as requirements for decision-making and outlined in business licenses or approvals from the Central or Regional Governments.

Meanwhile, based on Article 22 Number 1 of Perpu Number 2 of 2022 concerning Job Creation which changes the provisions of Article 1 Number 11 of Law Number 32 of 2009 concerning Environmental Protection and Management, an AMDAL or analysis of environmental impacts is a significant study of the impact on the Environment from a business or activity that is planned to be used as a prerequisite for deciding on the implementation of a business or activity and outlined in a business license, or approval from the Central Government or Regional Government.

The AMDAL is a permit that is key in protecting the Environment by supervising the implementation, management, and protection of the Indonesian Environment. So that with the Environmental Investigation Agency (EIA), the community can calculate the risk of a business or activity to the Environment. However, the enactment of new provisions that delete and amend several provisions of Law Number 32 of 2009 concerning Environmental Protection and Management to simplify permits limits the role of the community. So that the application of EIA quickly becomes a link in the chain of licensing obligations which for a business is considered a credit agreement service or investment license.20

While UKL-UPL is a process that must be owned by every business or activity that is not included in the mandatory AMDAL stipulated by the Governor or Regent/Mayor, it is also one of the factors for violating Environmental Permits. This is because regional regulation can vary. Meanwhile, business actors themselves will violate an Environmental Permit if in an area, they do not stipulate provisions for the type of business that is obligatory for UKL-UPL without waiting for regulations to be made.21

In the Implementation of Environmental Permits in Sustainable Development, Legal Politics is one of the factors in violating Environmental Permits, which relates to the achievement of legal instruments in practice based on politics and views of the Government in formulating legal policies. Therefore, the importance of synchronizing and integrating a government policy and its implementation with statutory provisions and conditions on the ground is fundamental.

However, the enactment of Law Number 11 of 2020 concerning Job Creation which was later revoked by Perpu Number 2 of 2022 concerning Job Creation which changed and revoked several provisions of Law Number 32 of 2009 concerning Environmental Protection and Management had a negative impact on Environmental Licensing which became complex and considered profitable for entrepreneurs with investment objectives and corporate interests.

Government Regulation Number 2 of 2022 concerning Job Creation also explicitly states that the authority regarding Environmental Permits rests with the Central Government.

Meanwhile, the involvement of the Regional Government is essential because each region has weaknesses that can be anticipated and handled by the Regional Government to determine, implement and supervise sustainable development.22 In addition, in practice, many business

20 Juliadi Rusydi and Rika Santina, "Government Responsibility in Environmental Law Enforcement Viewed From the Perspective of Constitutional Law," Audi Et AP: Journal of Legal Research 02, no. 1 (2023): 54–63, https://doi.org/http://doi.org/10.24967/jaeap.v2i01.2064.

21 Dharmasisya Volume and Faculty Journal, "The Impact of the Absence of UKL/UPL Formation of Regional Regulations on Legal Certainty in the Implementation of Decentralization," Journal of "Dharmasisya" Master of Law Program FHUI 2, no. January (2023).

22 Alif Djangkung Djiwandana and Mochammad Erga Firmansyah, "Environmental Permit: Comparative Study of Alif Djangkung Djiwandana Regulations, Mochammad Erga Firmansyah Faculty of Law, University of 17 August 1945 Surabaya

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actors run businesses and activities that are different from the activity plans granted in accordance with the permits that have been granted. Thus, the role of the Regional Government is very important in monitoring and enforcing Environmental Permits.

Provisions regarding the authority of the Central Government and Regional Governments in Environmental Licensing make the concept of the division of a Province consisting of Regencies/Cities with their respective administrations regulated in laws and regulations according to the principle of autonomy and co-administration as regulated in the Law.

Provisions of Article 18 of the 1945 Constitution.23 Where the Indonesian constitution itself has accommodated the concept of decentralization and regional autonomy.

In the end, many business actors and activities whose implementation of their activities are different from the business or activity plans submitted to the Government become a way out for entrepreneurs in violating Environmental Permits in Indonesia. These incidents often occur due to a lack of supervision and enforcement of Environmental Permits, which is caused by a lack of facilities and infrastructure, including human resources and technology, as well as high costs which also result in not optimal enforcement of Environmental Permits.

Simplification of fast licensing by the Government in the form of Electronically Integrated Business Licensing Services (PBTSE) which is often referred to as OSS, is a Business Licensing that applies to all Ministries, Institutions, and Governments throughout Indonesia.24As stipulated in the provisions of Government Regulation Number 5 of 2021, whereby Environmental Licensing is carried out in a short time, is transparent and accountable at a low cost. However, in practice, Online Single Submission (OSS) Licensing Services have not been fully implemented in every Regional Government. Likewise with workers in the OSS Licensing Service who still do not understand the One Stop Service or One Stop Integrated Service (PTSP) policy. As well as its implementation which is still not in accordance with the provisions of the applicable laws and regulations.

Supported by the existence of simple and fast permits and regulations that are not harmonious between the regions and the central government, it is a reason for business actors or activities to violate Environmental Permits in carrying out businesses or activities that have an impact on the Environment.

C. Conclusion

A healthy environment is a fundamental right guaranteed by the constitution. As mandated in the 1945 Constitution, the State has an obligation to protect a healthy environment for the welfare of society. The Indonesian constitution uses the term Green Constitution in an effort to protect and manage the Environment in sustainable development.

In sustainable development, the constitution plays an important role as a principle or fundamental principle of its implementation, in which the Government's policy used in protecting the environment is Licensing. Even so, there are still many violations and illegal activities in East Kalimantan which have a negative impact on the environment, caused by different legal regulations at different levels of local government and the lack of adequate human resources and facilities to monitor and protect the Environment. Fast and transparent changes to provisions related to Environmental Permits with OSS are also a reason for business actors or activities to take actions that violate laws and regulations.

Preliminary PPLH Law Or Commonly Called Environmental Law Is Law," Journal of Evidence from Law 2, no. 1 (2023):

12–21.

23 Muhammad Salman Al-Farisi, "Decentralization of Authority for the Management of Minerals and Batura Mining,"

Journal of the Master of Laws Program, Faculty of Law, University of Indonesia 2, no. January (2023).

24 Farid Anfasa, "Accelerating Business Licensing Services in the Framework of Increasing Investment Potential in the Natural Resources Sector: Agriculture," Journal of the FHUI 2 Master of Laws Program, no. January (2023).

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D. Suggestion

The author suggests that the government maximizes an integrated Licensing System in efforts to protect and manage the environment, so that the government can ensure that every human activity that can have an impact on the environment is permitted and strictly monitored. This can help minimize negative impacts on the environment.

The Central Government also needs to pay attention to and ensure that the Environmental Licensing policy is implemented in the Regional Government based on the provisions of the applicable laws and regulations. The government also needs to conduct training for service officers so that community services in environmental licensing can implement good and easy licensing policies.

References

A. Book

Adrian Sutedi, SH, MH Licensing Law in the Field of Public Services. Edited by Tarmizi. Ed.

1 ct. Jakarta: Rays Graph, 2011.

Dr. Helmi, SH, MH Environmental Licensing Law. Edited by Tarmizi. First edition. Jakarta:

Rays Graph, 2012.

Dr. Ridwan HR. State Administrative Law. Ed. Revision. Depok: Rajawali Press, 2018.

Prof. Dr. Jimly Asshiddiqie, SH Constitution and Constitutionalism of Indonesia. Edited by Tarmizi. Ed. 2. Cet. Jakarta: Sinar Graphics, 2017.

Prof. Dr. Muhammad Akib, SH, MH Environmental Law in a Global and National Perspective. Ed. Pdt-Ce. Depok: Raja Grafindo Persada, 2021.

B. Journal

Anfasa, Farid. "Acceleration of Business Licensing Services in the Context of Increasing Investment Potential in the Natural Resources Sector: Agriculture." FHUI Law Masters Program Journal 2, no. January (2023).

Cantika Karunia Putri Kaunang, Gloria, Jemmy Sondakh, and Herlyanty Bawole. "Existence of Analysis Regarding the Environmental Impact of a Business or Activity According to Government Regulation Number 22 of 2021." Lex Crimen 12, no. 1 (2021).

Dharmasisya, Volume, and Faculty Journal. "The Impact of the Absence of UKL/UPL Establishment Regulations on Legal Certainty in the Implementation of Decentralization." "Dharmasisya" Journal of Law Masters Program FHUI 2, no.

January (2023).

Djiwandana, Alif Djangkung, and Mochammad Erga Firmansyah. “Environmental Permits: A Comparative Study of Regulations.” Journal Evidence Of Law 2, no. 1 (2023): 12–21.

I Gede Pantja Astawa. Functional Relationship Between State Administrative Law and Law No. 4 of 1982 concerning Basic Provisions for Environmental Management and Its Implementation in the Dimensions of State Administrative Law Thought. 2nd.

Yogyakarta: UII Press, (2002).

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Lobubun, Muslim, Yohanis Anthon Raharusun, and Iryana Anwar Biak-Papua College of Law. "Inconsistency of Laws and Regulations in the Implementation of Regional Government in Indonesia." Diponegoro University 4, no. 2 (2022)

Maulidyna, Shafira Arizka. "Environmental Law Politics in Environmentally Friendly Sustainable Development Policy in Indonesia." Urnal Science Socio Humanities LPPM Jambi University XXIX, no. 265 (2022)

Mohamad Faiz, Pan. "Protection of the Environment in a Constitutional Perspective Environmental Protection in Constitutional Perspective." Journal of the Constitution 13, no. 4 (2016)

Nugraha, Satriya. "The Embodiment of a Green Constitution in the Management of Non-Peat Land for Indigenous Peoples of Central Kalimantan." Proceedings of the National Seminar on the University of PORI Palangka Raya 1, no. 4 (2022)

Reskiani, Ulfa, A. Nurul Ainun Fitri Makmur, Nurul Awaliyah Ardini, and Ira Febrianti.

"Optimizing the Green Constitution: Strengthening Environmental Legal Norms in the Judicial System in Indonesia." NomocracyI: LeDHaK Journal, Faculty of Law UNHAS 1, no. 2 (2023)

Rusydi, Juliadi, and Rika Santina. "Responsibility of the Government in Enforcement of Environmental Law is Reviewed From the Perspective of State Administrative Law."

Audi Et AP : Journal of Legal Research 02, no. 1 (2023)

Salman Al-Farisi, Muhammad. "Decentralization of Authority for Mineral and Batura Mining Management." Journal of the Law Masters Program, Faculty of Law, University of Indonesia 2, no. January (2023).

Sari, Lusi Puspita. "Constitutionalization and Implementation of the Green Concept in the 1945 Constitution." Proceedings of the Tarumanagara University National Seminar 2, no. 1 (2022)

Widodo Suryanto, "Analysis of the Effectiveness of an Integrated Licensing System in Environmental Management," Journal of Civil and Environmental Engineering 4, no. 1 (2020)

Yonnawati. "Law Enforcement of Administrative Sanctions Against Licensing Violations."

JHM 3, no. 1 (2022)

Yusa, I Gede, and Bagus Hermanto. "Implementation of the Green Constitution in Indonesia:

Guarantee of Constitutional Rights for Sustainable Environmental Development."

Journal of the Constitution 15, no. 2 (2018): 306. https://doi.org/10.31078/jk1524.

C. Regulations

The 1945 Constitution of the Republic of Indonesia

Law Number 32 of 2009 ConcerningProtection and management of the environment Government Regulation in Lieu of Law Number 2 of 2022

Government Regulation Number 22 of 2021

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Regarding the legal certainty of payments for Health Service Providers (PPK) and Health Services for BPJS Patients, based on Article 11 letter d of Law Number 24 of 2011 concerning