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International Journal of Sustainable Development and Planning • Open Access • Volume , Issue , Pages - • December

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Ecocides as a Serious Human Rights Violation: A Study on the Case of River Pollution by the Palm Oil Industry in Indonesia

Setiyono J. , Natalis A.

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Faculty of Law, Universitas Diponegoro, Jalan Prof. Soedarto, S.H., Semarang, 50275, Indonesia

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Abstract

This study aims to analyse ecocides as a gross violation of human rights through a case study of river pollution conducted by palm oil companies in Indonesia. This article is methodologically distinctive from doctrinal legal research, primarily through a literature review. There are three main reasons for incorporating environmental concerns as an extraordinary crime of ecocide into serious human rights violations, especially those committed by several palm oil companies in Indonesia, namely: The quality of the Environment is the essence of human life that complements human dignity; environmental concerns and crimes in the tradition of extraordinary crimes are a response to the inability of national and even international environmental laws; and ensure restitution, rehabilitation and compensation to all victims of ecocide crime. © 2021 WITPress. All rights reserved.

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Ecocides; Environmental law; Palm oil companies; River pollution; Serious human rights violations

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EDITOR IN CHIEF

Prof. Fausto Cavallaro University of Molise (Italy)

Prof. Leticia Pérez-Calero Pablo Olavide University (Spain)

Prof. Xiaoning Zhu

University of Science & Technology B eijing (China)

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Prof. Fabiana Forte

University of Campania“Luigi Vanvitell i” (Italy)

Prof. Mara Balestrieri University of Sassari (Italy)

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Konstantinos Aravossis

National Technical University of Athen s (Greece)

Alessandro Balducci Politecnico di Milano (Italy)

Joanna Barnes

University of the West of England (U K)

Socrates Basbas

Aristotle University of Thessaloniki (G reece)

Elias Beriatos

University of Thessaly (Greece)

Montserrat Zamorano University of Granada (Spain)

Colin Booth

University of the West of England (U K)

Carlos Borrego

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Roman Brandtweiner

Vienna University of Economics and Business (AU)

Samuel Brody

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Ni-Bin Chang

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Marcelo Conti

Universita di Roma 'La Sapienza' (Ital y)

Maria da Conceicao Cunha University of Coimbra (Portugal)

Luca D'Acierno

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Antonio Galiano Garrigos University of Alicante (Spain)

Aspa Gospodini

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Kostas Katsifarakis

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Enrico Larcan

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Danila Longo

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Giulio Lorenzini

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Robert Mahler

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Irina Malkina-Pykh SPbGIPSR (Russia)

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Ulrike Pröbstl-Haider BOKU (AU)

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Delft University of Technology (Nether lands)

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Ecocides as a Serious Human Rights Violation: A Study on the Case of River Pollution by the Palm Oil Industry in Indonesia

Joko Setiyono^*, Aga Natalis

Faculty of Law, Universitas Diponegoro, Jalan Prof. Soedarto, S.H., Semarang 50275, Indonesia Corresponding Author Email: [email protected]

https://doi.org/10.18280/ijsdp.160807 ABSTRACT Received: 28 September 2021

Accepted: 23 November 2021

This study aims to analyse ecocides as a gross violation of human rights through a case study of river pollution conducted by palm oil companies in Indonesia. This article is methodologically distinctive from doctrinal legal research, primarily through a literature review. There are three main reasons for incorporating environmental concerns as an extraordinary crime of ecocide into serious human rights violations, especially those committed by several palm oil companies in Indonesia, namely: The quality of the Environment is the essence of human life that complements human dignity; environmental concerns and crimes in the tradition of extraordinary crimes are a response to the inability of national and even international environmental laws; and ensure restitution, rehabilitation and compensation to all victims of ecocide crime.

Keywords:

serious human rights violations, ecocides, river pollution, palm oil companies, environmental law

1. INTRODUCTION

Oil palm plantations hurt the ecosystem function of production forests or secondary forests [1]. Land clearing and draining of peatlands in converting forest to oil palm produce carbon dioxide emissions. Oil palm can indeed absorb carbon dioxide and oil potential to substitute fuels, but the use of biodiesel is still not able to compensate for the carbon emissions caused by forest conversion for oil palm plantations [2]. On the other hand, chemical substances for fertilisers, pesticides, and insecticides are directly responsible for the decline in water quality and aquatic habitats [3].

Based on a study conducted by Rasmus Kløcker Larsen and Tom Gill, there are several crucial issues related to water pollution by the palm oil industry, including water turbidity as a result of land clearing; poisons due to the use of pesticides, a decrease in the population of fish and aquatic plants; Palm- Oil Mill Effluent (POME) and other waste from oil palm either released directly into rivers or stored which will overflow during the rainy season; reducing or diverting the flow of water used for the process of drying and irrigating land;

deforestation that can increase the risk of flooding in the area around the plantation, especially the risk of flash floods in the rainy season; draining of community land directly adjacent to plantations involves lowering the water level affecting wells, forcing villagers to leave traditional rice farming to work in palm oil production [4].

Indonesia faces extraordinary environmental challenges in global warming, pollution, loss of biodiversity, deforestation, agrarian conflicts and degradation of natural services [5]. The ecological crisis is getting worse every day, which is likely to worsen if the government has no serious effort to deal with it.

The exploitation of natural resources will threaten the security of human life faster than the restoration of natural ecosystems [6].

In 2019, the Indonesian Forum for the Environment

released several environmental damages and ecological disasters in Indonesia. That 86% of environmental damage, agrarian conflicts and ecological disasters stem from inequality over natural resources. The exploitation of natural resources comes from legal activities or obtaining permits from the government [7].

In this case, the corporation is suspected of being the leading actor for not complying and ignoring the prevention of environmental damage because it prioritises expansion and profit [8]. Therefore, environmental issues are only considered administrative arrangements and sanctions in the form of warnings, coercion, suspension or revocation of permits as regulated in Law No. 32 of 2009 concerning Environmental Protection and Management [9].

In the Indonesian environmental regime, environmental crimes are only administrative, civil and criminal offences.

Environmental crimes in Indonesia have led to ecocides, namely, a systematic and massive crime against the Environment, having a broad and long-term impact and causing the peace and security of human life to be threatened.

Several researchers have researched ecocides, for example, the Research of Polly Higgins and his colleagues in 2013 [10].

The study entitled "Protecting the Planet: A Proposal for a Law of Ecocide" aims to record several examples of crimes and catastrophic losses. Environment and human and non-human species and various forms of response have called for models of justice and law that are more effective and appropriate than currently prevail. Research conducted by Martin Crook and Damien Short in 2014 [11]. The research, entitled "Marx, Lemkin and the Genocide Ecocide Nexus", aims to encourage genocide scholars to attempt a paradigm shift in the greatest traditions of science and integrate the synthesis of genocide sociology and sociology environment to a theoretical apparatus that can illuminate the relationship between, and uncover the drivers of, ecocide and the social death of genocide. Research conducted by Lidgren [12]. The research International Journal of Sustainable Development and

Planning

Vol. 16, No. 8, December, 2021, pp. 1465-1471 Journal homepage: http://iieta.org/journals/ijsdp

1465 Joko Setiyono^*

Joko Setiyono

Indonesia

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Antecedents to Leadership: A CB-SEM and PLS-SEM Validation

Hussein-Elhakim Al Issa^1*, Mohammed Khalifa Abdelsalam²

1Queen Margaret Business School, Queen Margaret University, EH21 6UU Edinburgh, UK

2School of Economics, Finance and Banking, University Utara Malaysia, Sintok 06010, Malaysia Corresponding Author Email: [email protected]

https://doi.org/10.18280/ijsdp.160801 ABSTRACT Received: 1 November 2021

Accepted: 6 December 2021

The main issue with this paper is to investigate the link between emotional intelligence and transformational leadership and the role of organizational culture as a moderator on that relationship by using two research methods: The covariance-based structural equation modeling (CB-SEM) and partial least squares (PLS-SEM). The study examined a complex model consisting of 60 indicators including moderator effects which used real data. This will help in understanding the respective differences of the two approaches in a setup comprising model specification and parameter estimation. The dual SEM approach represents an important -SEM method, to overcome the limitations of PLS-SEM. The findings show that both methods yield similar results with minor differences that may be attributed to their respective estimation requirements including model fit and complexity issues. After considering these results and findings from studies done in this line, the researcher concludes that future studies need to observe recommendations made to focus on the phenomenon and research design aspects and, not mere modeling. A study limitation is not testing SEM boundaries with non-normal data and small sample size. The study is first to apply SEM approaches to verify results of a complex leadership model that included moderator affects. A key implication is the insight gained about the application of standards and guidelines for clarifying the interpretation of the SEM theories and models for leadership and management research. This implies the equal use of the CB-SEM and PLS-SEM for future studies, without undue bias.

Keywords:

higher education, structural equation modeling (SEM), covariance-based SEM, partial least squares SEM, leadership

1. INTRODUCTION

Many management journals are inclined to prefer certain traditional research designs that they regard as more robust [1, 2]. Therefore, several scholars call for methodological innovations to increase questions researchers ask and improve the credibility of their solutions [3, 4]. Suggestions have included improving the quality criteria and using methods that avoid bias in quantitative research. The current study responds by paying special attention to the examination of two popular research methods in quantitative management research: the covariance-based structural equation modeling (CB-SEM) and partial least squares (PLS-SEM).

Structural equation modeling (SEM) explains the structure of the interrelationships expressed in a series of equations [5].

It refers to statistical techniques that examine relationships between independent and dependent variables within a proposed causal structure [6, 7], albeit multivariate techniques which help to explain theories with statistical efficiency.

However, SEM can only study one relationship at a time.

Despite this, SEM can define whole models and represent unobserved concepts. The aim of the present study is to assess the strengths and weaknesses of SEM in the context of leadership development. This is done by validating covariance-based SEM (CB-SEM) with variance-based SEM (PLS-

and effect relationships, but their results may or may not be the

same because of their different assumption and estimation procedures [5]. The CB-SEM and PLS-SEM were utilized to study the data by validating the requirements, specifications, and the results of each method. This study surveys university leaders for their transformational leadership (TL) by also examining the constructs of emotional intelligence (EI), and organizational culture (OC). Past studies found that EI-TL association inconsistent [8, 9] and little is known about OC moderation even though it has been found to influence both TL [10, 11] and EI [12, 13]. Therefore, the current study investigates EI-TL relationship and the role of OC as moderator.

The CB-SEM analyzes variables and error terms that are estimated together in one unified model. It can prevent measurement errors, but it would require variables to conform to some proportionality constraints. This then results in unbiased parameter estimates. The PLS-SEM, alternatively, does not allow modeling to have the measurement error and it does not require proportionality constraints. Thus, it produces biased parameter estimates. It weighs composites instead of common factors. Formative measurement generates identification difficulties in the CB-SEM but not in the PLS- SEM [14]. Nonetheless, careful consideration of the properties and capabilities of the CB-SEM and the PLS-SEM can be most beneficial after observing the recommendations made by Rigdon et al. [1]. The recommendation includes, first, to focus on the phenomenon and research design aspects and not just International Journal of Sustainable Development and

Planning

1403 Elhakim Al Issa^1*

Hussein-Elhakim Al Issa

Queen Margaret Business School, Queen Margaret University, EH21 6UU Edinburgh, UK

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Are There Opportunities for Sustainable Tourism in the Province of Manabí - Ecuador after COVID-19? TheCase Study of Puerto Lopez

Menéndez Delgado Erick Rodolfo¹, Díaz Ortega María Del Rosario², López Sánchez José Antonio^2*

1Facultad de Ciencias Económicas, Universidad Laica Eloy Alfaro de Manabí, km 1,5 vía Circunvalación, Manta 131407, Ecuador

2Instituto Universitario de Investigación para el Desarrollo Social Sostenible - Universidad de Cádiz, Avenida de la Universidad 4 Jerez, Cádiz 11406, Spain

Corresponding Author Email: [email protected] https://doi.org/10.18280/ijsdp.160802 ABSTRACT Received:7 March 2021

Accepted: 6 December 2021

In recent years, tourism in Ecuador has increased exponentially. The city of Puerto Lopez has shown unusual growth. This study is based on a comparison of the situation of the Ecuadorian town before and after the COVID-19 pandemic. To achieve this primary objective, three specific goals were set out: 1) To analyze the perception that tourists have of the Canton of Puerto Lopez. 2) To examine the influence that tourism has on the local economy. 3) To study the impact of the pandemic on tourism development in the region. To achieve these objectives, quantitative research was carried out based on two surveys on perceptions of tourism activity.

One was carried out before the arrival of Covid and the other after the pandemic. They are complemented by the collection of data from official statistics and stakeholder interviews. The main results also reveal opportunities for the tourism sector of Puerto López if we relate it to the SDGs_2030, as there is room for improvement in its current tourism model, and it can be made more sustainable from a social, economic and environmental point of view.

Keywords:

sustainable tourism, post COVID-19, development, Manabí-Ecuador, tourism perception

1. INTRODUCTION

Today's society is increasingly concerned about the impacts of human actions on the environment. Therefore, the current challenge is to continue to grow in economic terms while being environmentally sustainable and, at the same time, to improve the capacity of ecosystem resources to generate wealth in the future.

This economic-environmental background prompted a summit of developed countries more than 20 years ago that culminated in signing an agreement to mitigate environmental pollution at the Conference on Sustainable Development in Rio de Janeiro. The agreement document has evolved over the years, especially concerning reducing carbon emissions [1].

Since the Conference on Sustainable Development took place, other issues have been added. The accelerated growth of the world population, combined with technological development, is a challenge for the appropriate use of natural resources. This current world dichotomy urges us to take into consideration accurate measures to achieve sustainable economic growth.

To the background presented in the paragraph above, we have to add the negatives impacts of the COVID-19 pandemic, especially for the touristic sector, one of the world´s most affected economic sectors. According to the World Tourism Organization (WTO) 100% of the international destinations remain travel restrictions, and 72% have closed the boundaries and completely stopped international tourism [2]. These restrictions have originated a decrease of 22% the international tourist arrivals during the first trimester of 2020 compared with the same period in 2019. Some statistics predict a global

annual reduction of tourist arrivals between 60%-80% in 2020 compared with 2019, compromising millions of people's job incomes and advancing toward the Sustainable Development Goal [3].

Even the pandemic has affected all the touristic activities in economic terms; it is evident that the lack of visitors has reduced fuel consumption and human pressure's natural resources, reducing the negative environmental impacts. Since the middle of the last century was suddenly stopped due to the prevention measures determined by international organizations [4]. When this paper was written, it remains an uncertain scenario, which makes us reflect on the future of world tourism. Although the environment has improved its initial conditions, the current circumstances present a new challenge: economic recovery.

the pandemic restrictions, tourist activities are currently stopped. The scenario before the COVID-19 pandemic presented a value chain partially developed and a good tourist perception about the infrastructure available for the development of this activity. Due to the pandemic, the current scenario has changed since the signing and publication of governmental decree 1017 that returned the national roads circulation the entries of international flights, among others measures determined in this document [5]. The challenge, in this case, is being accurate in making decisions for recovering tourist trust in the sector and trying to return to normality in the future.

Therefore, the following research questions emerged as the basis for developing the objectives of the paper. Q1. How does International Journal of Sustainable Development and

Planning

1415

el Rosario², López Sánchez José Antonio , Díaz Ortega María Del Rosario

Spain