GRANTING ENVIRONMENTAL PERMITS WITH A RISK-BASED APPROACH IN INVESTMENT TO REALIZE SUSTAINABLE DEVELOPMENT BASED ON THE JOB CREATION LAW Ida Bagus Indra Wiratma Pidada, SH1 Dr.. I Ketut Kasta Arya Wijaya,SH. M.Hum, Dr. I Made Arjaya, SH.MH.
Warmadewa University
Abstract
This study examines environmental licensing that prioritizes a risk-based approach in investing which will be associated with the special laws and regulations of The Job Creation Law. The Job Creation Law has an economic approach to create jobs and improve the investment climate in a country. But on the other hand, related to the environment emphasizes more on conservation aspects. This is then a problem in the application of environmental permits. What are the potential and constraints that arise in implementing risk-based licensing in realizing sustainable development? The study used normative legal research using primary legal materials and secondary legal materials. As well as the engineering used, among others, statutory, conceptual, philosophical approaches. As for in this study found that there is a philosophical conflict between the Job Creation law and the Environmental Management Law. It can be seen from the aspect of orientation where the Job Creation Law is more investment-oriented, while on the other hand, the Environmental Management Law prioritizes conservation or maintenance. On the other hand, there is a tendency in the job creation law from the aspect of management to centribalization, while on the other hand, in the Environmental Protection and Management Law there are some that are the authority of the Regional Government.
