By Timur Abimanyu, SH.

MH

IMPACT OF POLLUTION ON ENVIRONMENT

FLOODS CAUSE MOTHER CITY REGION

Background:

Frequent flood events that struck the capital city and around him is due to the
accumulation of garbage in the form of plastic objects, glass on the surface of the Kali
Ciliwung and lane West Flood Canal and the Eastern Canal, which resulted in pollution that
causes discoloration of water flow becomes more turbid than normal. Accumulation of
rubbish that no flow can be seen at the time that is flanked by Latuharhari Road and Jalan
Sultan Ageng, South Jakarta, as well as in the Tanah Abang, Central Jakarta. In fact, a
number of times the flow point had been the Jakarta government to make water tourism
route called "Waterway". Based on data from the insurer said Pintu Air Manggarai, who
said, that the garbage that came from a number of times / rivers in Jakarta and not only
coming from garbage disposal results but also citizens of the capital of garbage that comes
from upstream regions such as the Peak and the surrounding areas of Bogor, West Java .
 But in the dry season, trash tends to accumulate at the doors of Water (Manggarai),
because usually the water gate is closed a lot of waste involved, whereas in the rainy season,
the garbage tends to be more overlap. Based on one of the causes of flooding problems and
for prevention of flood prevention, the Ministry of Public Works to accelerate land
acquisition for the East Flood Canal (BKT), accelerated development of infrasturuktur BKT,
increasing Western Flood Canal (BKB), walkthroughs and cleaning of river channel,
dredging at the link -field drainage system, garbage cleaning, checking of operational flood
warning systems (flood warning system), as well as increased activity of post flood and the
establishment of crisis centers. "Anticipation programmed to walk since 2008", specifically
to the problem of BKT and BKB until early January 2009, has been excavated from the
floodway channel m 15 700 23 551 meters of the planned construction of six bridges along
with supporters also been completed of the 25 bridges planned.

Goals and Purpose:

Analyze the case channel flooding that often occurs in the capital city of Jakarta in
order to know in depth the cause of flooding, with a view to how far government efforts
capital city of Jakarta, in terms of flood control channel and how much effort to prevent the
flood channel, given to the In 2009 floods and flood channel continues to hit the capital city
of Jakarta as well as to examine more deeply, to how parahkan impact of pollution on the
Environment which were around the canal or river bantara surrounding the capital city of
Jakarta.
Framework Theory and Concepts:

Framework Theory and Concepts, based HLAHART definition which states: That
"the concept of a law that contain elements of power, based on certain obligations within the
legal phenomena visible from public life."

Under Law No. 23 of 1997 on the Environment that the "paragraph (a), namely that
the Indonesian environment as a gift and grace of God Almighty to the people and the
Indonesian people is a space for life in all its aspects and its dimensions in accordance with
Archipelago and paragraph (b) is that in order to efficiently utilize natural resources to
promote the general welfare as mandated in ¬ Act of 1945 and to achieve happiness of life
based on Pancasila, is necessary to implement sustainable development environment based
on an integrated national policy and comprehensive taking into account the needs of today's
generation and generations the future. "

Legal Basis:

The basic framework of the Act of 1945 Article 33 paragraph (3) that the Earth,
water and natural riches contained therein, that his command was assigned to the Republic
of Indonesia, should be used for the greatest prosperity of the people, MPR IX/MPR/2001
116D and Description 116 E, and Government Regulation No.51 of 1993 on environmental
impact analysis, PP. 51 of 1993 Ministerial Decree No. LH. 10 Th 1994 on environmental
impact analysis (LH Ministerial Decree No. 11 Th, 1994, Ministerial Decree No. LH. 12 Th,
1994, Ministerial Decree No. LH. 13 Th, 1994, Ministerial Decree No. LH. 14 Th, 1994,
Ministerial Decree No. LH. 15 Th 1994); Ministerial Decree No. LH. 42 Th, 1994, KEPKA
BAPEDAL No. 056 of 1994, Ministerial Decree No. LH. 54 Th, 1995, Ministerial Decree
No. LH. 55 Th, 1995, Ministerial Decree No. LH. 57 Th, 1995, Ministerial Decree No. LH.
39 Th 1996 and KEPKA BAPEDAL No. Technical Guidelines Review
299/BAPEDAL/11/1996 Social Aspects in the Preparation of Environmental Impact
Assessment. B3 Waste (hazardous and toxic substances): PP. 19 Th, 1995, PP 12 Th 1994
on changes in PP. 19 Th 1994; WATER POLLUTION: PP RI. No. 20 Th, 1990, decree LH.
No. 52/MENLH/101/1995 about Liquid Waste Quality Standard, LH decree. No.
58/MENLH/12/1995, Kepmen LH. No. 42/MENLH/101/1996 Kepmen LH. No.
43/MENLH/101/1996, and Chapter IX, Law no. 23, 1997 on Environmental Management.
Method:

In writing this paper, the authors use only primary data consists of the materials
field Knowledge of the data flood channel east and west channels, and Legal Knowledge of
the primary law products related laws regulating the flood channel and the impact of
environmental pollution, which consists of the Basic Policy and Enforcement Policy of
government policy in the run rule, and form materials from piece reviews at www.
yahoo.com/www.google.com and other print media relating to the title of the paper
mentioned above.

Problem Formulation:

There are several problems that are often overlooked, in the implementation of laws
against flooding along the canal that environmental pollution, which in practice has not met
the provisions of Law no. 23 of 1997 namely:

1. Until sejauhmanakan flood prevention channel that hit the capital city of Jakarta, which
comes on every rainy season?

2. What is with the construction of West Canal and East Canal to overcome or prevent the
capital city of Jakarta to terhidar from floods?

3. If so to what extent the responsibility of government to seek solutions to problems of

Lapindo mudflow victims, if you see the relevance of the Government Agency which has
given permission to the company that drilled the gas?

Assumptions:

Temporary assumption of the writing of this paper is as follows:

1. Floods that swept the capital city of Jakarta which has been an annual tradition, it can be
assumed bukana because riverbed narrowed, but also disebakan the cumulation of trash
on every door-door water, which is very disturbing function sluice gates as the river
water flow regulation / a lid on the banks of river.

2. With the construction of the East Canal and West Canal is an effort to cope with floods
that Dutch capital city of Jakarta, but it should be considered that especially for the East
Canal should be anticipated against the overflow of sea water will overflow at any time,
 should be considered also built the lakes rsebagai shelter rain water and waste water from
the top and bogor west java.

Event of catastrophic floods that hit the city of Jakarta, is as a result of the impact
of pollution on the environment is often the case in the capital city of Jakarta in the form of
trash door-door water, lack of water leach fields consist of and many housing located near
the banks rivers or canals in the Jakarta area. On the basis of tersebutlah, it is necessary to
implement environmental management to preserve and develop the ability to live a
harmonious environment, harmonious and balanced in order to support the implementation
of sustainable development environment, where the implementation of environmental
management must be based on Law no. 4 / 1982 on Basic Provisions for Environmental
Management, to achieve sustainable development goals Cq Law. 23 of 1997 on
Environmental Management.

Understanding the Environment.

Is unity with all things space, power, situation and that human beings, including
humans and behavior that affect the sustainability of livelihood and welfare of human beings
and other living creatures, along with environmental management as an integrated effort to
preserve the environmental functions, including structuring policies, utilization,
development, maintenance, restoration, monitoring of environmental control. On the basis of
understanding, it is necessary to do sustainable development and environmentally sound
living as a basic and well-planned effort, to integrate the environment including the
resources into the development process that ensures the ability, prosperity and quality of life
of the present generation and future generations. Therefore it must be the availability of
global resources that are as environmental elements that consist of human resources, natural
resources both living and non-biological and artificial resources.

Background The occurrence of flooding in Canal Capital Territory.

Jakarta Flood Canal is a canal which made for Ciliwung river flow passing outside
Batavia, not in the middle of the city of Batavia, which was the brainchild of Prof H van
Breen from Burgelijke openbare Werken or abbreviated BOW is the forerunner of the
Department of Public Works, which was released in 1920 . The study was carried out after
the big flood hit Jakarta two years earlier and the core concept is to control water flow from
upstream rivers and adjust the volume of water entering the city of Jakarta and including the
buildup of water in affected areas is low. Between 1919 and 1920, making the idea of
Manggarai Flood Canal in the south up to the Muara Angke Batavia on the north coast has
been implemented. As a regulator of water flow, also built water gate water gate Manggarai
and Rubber.

With the help of the Netherlands Engineering Consultants, tersusunlah "Master

Plan for Drainage and Flood Control of Jakarta" in December 1973. On the basis of this
master plan, as written in a fix Soehoed Greater Good Water, flood control in Jakarta, which
will rest on two canal that circles most of the city. Where the canal will accommodate all the
water flows from the south and dumped into the sea through the downstream parts of the
city. Later, the canal will be known as the West Flood Canal and the East Flood Canal. This
is one of Jakarta's flood control efforts in addition to the manufacture of reservoirs and pump
placement in areas lower than sea level. In the master plan was designed a control system by
creating a channel that cuts off the flow of a river or canal in West Jakarta. This canal is a
canal expansion relic flood Van Breen (West Flood Canal / BKB). But in reality, as most of
these channels flow through dense residential areas and for land acquisition and preparation
and implementation required a very long and as a result of the creation and expansion of the
West Flood Canal was delayed.

After the floods in West Jakarta in January 1979, the central government with local
government of Jakarta seek solutions to reduce the potential for inundation in the future.
Dengn a Flood Plan for the expansion of the Western Canal was replaced with the
manufacture of other flood control network, the network of canals and drainage Drainage
Systems named Cengkareng. Development of the Western Canal Flood flood channel which
is often called the Kali Malang (West), starting in 1922, with the upstream region starts from
Manggarai westward through the Grass Market, Upper Hamlet, and then veer to the
northwest in the area of Rubber Bury. Next to the Tanah Abang, Tomang, Grogol,
Pademangan, and ended up in a reservoir at the mouth of the Pluit area.

Meanwhile, to cope with flooding due to local rainfall and flow from upstream in
the eastern part of Jakarta, then built the East Flood Canal (BKT). Just like BKB, BKT
refers to the master plan which then comes "The Study on Urban Drainage and Wastewater
Disposal Project in the City of Jakarta" in 1991, and "The Study on Comprehensive Water
Management Plan River in Greater Jakarta" in March 1997. Both are made by the Japan
International Cooperation Agency. " Besides functioning to reduce the threat of flooding in
13 areas, to protect residential, industrial, and warehousing in eastern Jakarta, East Flood
Canal, is also intended as a water conservation infrastructure to recharge ground water and
raw water sources and water transportation infrastructure.

Flood East Kanala planned to accommodate the flow of Cipinang Kali, Kali Sunter,
Buaran Kali, Kali Jati Kramat, and Kali Cakung. Catchment area (catchment area) is
covering approximately 207 square kilometers or approximately 20,700 hectares. BKT
development plan contained in the DKI Jakarta Provincial Regulation No. 6 of 1999 on
Spatial Planning 2010 DKI Jakarta Province. And BKT will cross 13 villages (two villages
in North Jakarta and 11 villages in East Jakarta) with a length of 23.5 kilometers. The total
construction cost of Rp 4.9 trillion, consisting of land acquisition cost Rp 2.4 trillion (taken
from APBD DKI Jakarta) and the construction cost of Rp 2.5 trillion from the state budget
funds the Department of Public Works.

Due to the manufacture of BKT, need to release land area of 405.28 hectares
consisting of 147.9 acres in North Jakarta and 257.3 hectares in East Jakarta. As of
September 2006, the land that had been released 111.19 acres at a cost of about Rp 700
billion, and for the year 2007, the release of 267.36 hectares implemented at a cost of Rp 1.2
trillion.

Scope of Potential Environmental Impacts Pecemaran Flood Disaster in Jakarta.

The scope of the impact Environment, catastrophic flooding in the Jakarta area due
to the flood control facilities in the East and West Jakarta is still very minimal, which
particularly in Eastern and Northern regions where that is landscap city development in the
area is as a business area, industrial warehousing, and tourism (resorts, marina docks, and
sports facilities). And as already mentioned above, that the main function for flood
prevention in the city of Jakarta Flood Canal is a must serve the West and the East Flood
Canal with the help of a small lake as a reservoir and the absorption of rainfall and waste
water from the top and Bogor, West Java.
1. Instrumental approach to the flood channel region of Jakarta.

Based on the principles, objectives and targets, where environmental

management organized by the principle of State responsibility, the principle of
sustainability, and aims to realize the principle benefits of sustainable development
environment in order to complete development of the Indonesian and the development of
Indonesian society who believe, and devoted entirely to God Almighty. Where everyone
has the equal right to good environment and healthy and have the right to environmental
information relating to the role in environmental management with the obligation to
maintain the preservation of environmental functions as well as prevent and control
pollution and environmental destruction in accordance with laws laws and regulations.

The need to supervise surveillance conducted against any business or activity by

appointing officials who are authorized to conduct surveillance on the environment, in
this case is the Central Government, Local Government and Regional Head, which was
formed specifically by the Central Government. Local Government (Governor) is
authorized to conduct coercive orders against the person in charge of activities to prevent
and end the violation, as well as overcome consequences caused by a violation, to
conduct rescue and authority can be submitted to the Regent / Mayor, where such
violation can be sanctioned form of revocation of business licenses or activities.

Based on an instrument approach to disasters that occurred in Jakarta canal,

disebebakan several factors causing the number of the garbage that accumulates both on
the surface of the river / canal and at the gates of the water, the occurrence of
pedangkalan canal / river that the longer the less the accommodation and the narrowing of
the width river or canal because of the mushrooming of housing communities located
near the mouth of the river or canal is located in DKI Jakarta. Based on factors such
intrumerntal approach, which led to the emergence of a river or canal water becomes
turbid and cause flooding in the rainy season because the flow of a river or canal can not
be smoothly, hampered by above.

In addition to these problems, there are still other problems that flies carrying the
virus that meets dense settlement west banks of the canal flood times eastern banks of
imes that can cause various diseases that endanger human skin, see the facts and
 phenomena that occur where the River polluted still exploited citizens to support the
everyday purposes including washing clothes, as in the West Flood Canal, District Tanah
Abang, Central Jakarta. Rivers in Jakarta could no longer meet the needs of clean water,
because most of the rivers have been polluted waste originating from households and
industry.

2. Natural Law Approach to the flood channel region of Jakarta.

In the natural law approach can not be separated from the Forestry Law which
regulates the rights of control over forests and forest products, which according to Law
no. 5 / 1967 on Basic Provisions on Forestry (LN.8/1967, TLN. 2832), Forest is a field of
trees that grow as a whole is a living natural living communion with the natural
environment by the Government designated as a forest, industry, wood firewood, bamboo,
rattan, rumpu the grass and the animals such as wildlife hunting, wildlife beautiful.

Under Customary Law as the basis for the development of law, in holding the
unification of law is not choosing the Customary Law as the main basis of development
the new Land Law, which is consciously held entity which includes the institutions and
elements, both contained in the Customary Law and Legal New / Legislation in force. In
general, people see and interpret the Customary Law is only as positive law as law which
is a series of legal norms, which become the handle together in public life. This is quite
different from the norms of written law, which expressly stated deliberately by the
Legislative Authority in the form of legislation, norms of customary law as an unwritten
law are formulations of experts (legal) and judges. Formulations are based on the reality
series on attitudes and behavior of members of indigenous peoples in implementing the
concept and principles of law, which is a manifestation of the legal consciousness of
citizens these customary laws in resolving concrete cases/impact of environmental
pollution facing area of the environment.

As described above, where the natural law approach based on factors floods in
DKI Jakarta is already a natural heritage and starting from the city Jakarta is known as
Batavia. Flood Canal in Jakarta made for Ciliwung river flow passing outside Batavia,
which was the brainchild of Prof H van Breen from Burgelijke openbare Werken or
abbreviated BOW is the forerunner of the Department of Public Works, heavy floods hit
Jakarta on the first date is to control water flow from upstream stream and adjust the
volume of water entering the city of Jakarta and included accumulation of water in low
areas, that are drawn from Manggarai in the south up to the Muara Angke Batavia on the
north coast has been implemented. As a regulator of water flow, also built water gate
water gate Manggarai and Rubber.

With the help of the Netherlands Engineering Consultants, tersusunlah "Master

Plan for Drainage and Flood Control of Jakarta" in December 1973, with this master plan
is based on flood control in Jakarta, which will rest on two canal that circles most of the
city and the canal will accommodate all water flow from the south and dumped into the
sea through the downstream parts of the city. This canal is a canal expansion relic flood
Van Breen (West Flood Canal / BKB), but in reality, the flow channel through dense
residential areas located in the middle of the city of Jakarta at the present time.

The problems to cope with flooding due to local rainfall and flow from upstream
in the eastern part of Jakarta, then built the East Flood Canal (BKT), which refers to the
master plan that has "The Study on Urban Drainage and Wastewater Disposal Project in
the City of Jakarta" in 1991 , and "The Study on Comprehensive Water Management Plan
River in Greater Jakarta" in March 1997. Both are made by the Japan International
Cooperation Agency, "which serves to reduce the threat of flooding in 13 areas, protect
the settlements, industrial estates and warehouses in the eastern part of Jakarta, the East
Flood Canal, for the purpose of water conservation infrastructure to recharge ground
water and source water raw water and transportation infrastructure.

Review Environmental Law Against Floods in Jakarta.

Aspects of the study of environmental laws against floods dijakarta, can be seen
from many factors: pollution violations against the flow of the river floodplain area of the
western channel and flood channel east of Rights, which is derived from wastes indrustri,
limah-chemical waste from hospitals and perumaha wastes in the form of trash and foam
coming from residents who live near the riverbanks. Violations of the law against
penceman environmental impact caused flooding in the city, caused by lack of
enforcement that is governed by Law No. 23 of 1997 regarding environmental
management.
 Problems associated with violations of the impact of pollution and on the
prosecution of the perpetrators of pollution should be done by the Environmental
Prosecutor, but so far in terms of prosecutions conducted by the Attorney or the Attorney
General representing the state to conduct such prosecution. Environmental pollution
impact resulting flood canal in Jakarta, which have been considered less effective against
the implementation of Law No. 23 of 1997 on Environmental Management, it is based on
the violations committed by large and small industries as well as by individuals/
communities who live near the banks of the river in the city. On the basis of views and
assessment of environmental laws against the flood disaster in Jakarta, where the
provisions of the EIA and the provisions of the Act. 23 of 1997 seems to have been
ignored and non-functioning of environmental law, as can be seen from the legal
instruments, such as environmental police and prosecutorial environment that still run by
the public police and public prosecutors, which can only act if the presence of report
violations of the Environment. Therefore it should Act. 23 of 1997 on Environmental
Management complement the advice and infrastructure to carry out its legal functions of
the perpetrators of environmental violations that impact caused flooding in the city.

Disaster Due to Flooding in Jakarta as seen from the method of approach and Function of
Law:

Against pollution of the environment that resulted in catastrophic flooding in

Jakarta due to the method in terms of approach and function of the law, which is based on
the provisions of the EIA and the Law No. 23 of 1997 on Environmental Management not
work with as it should.

Event Occurrence of Flood Disaster in Jakarta.

Floods almost every time I hit the city of Jakarta, has an annual stadiri that must
be faced by society / jakarta city dwellers, and as to which has been described above on
the channel banjit prevention, has been done since the government is to make the
development of West Canal and the Eastern Canal water flow around the city of
Jakarta. Berdasrakan sustainable flood disaster event the Department of Public Works
(PU), plans to implement the project of East Flood Canal (BKT) and the West Flood
Canal (BKB) the end of 2007, but the problems facing the implementation of the project
is where a lot of obstacles such as deliverance land that still require a more active handlers
anymore besides penundang funds should have been prepared. Handling solutions to
flooding are no longer contextually to the situation in Jakarta., Where the academics have
suggested the project would be a solution BKT only about 10%., Which mustinya
government prefers a comprehensive solution to address the flooding, which should be the
main focus is the trigger floods in Jakarta worsening of the condition of 13 basins, and
lakes there, as well as recharge area is much reduced. According data from 48 lakes in
Jakarta and there is currently only five are still functioning. "With the planned 278
hectares of green open space (green space) according to the spatial structure that was
prepared in 1965-1985, now leaving only 9%. Land conversion due to the development
process has sacrificed at least 58 points that should be green space. Based on expert
research from the Institute of Environmental Research University of Trisakti, had
proposed a redesign of BKT and BKB design to better suit the factual conditions of
Jakarta, by doing sodetan / solving BKT placed along the region Cipinang changed more
to the south, namely in Ragunan or Pasar Minggu and that became the location Cipinang
permasalahannnya that low will make the river flow from upstream flooding the
settlements remain in the vicinity such as Halim, Cipinang Makassar, and Cipinang
Muara, before entering and accommodated in the same BKT and proposals for the area
sodetan / West Canal Flood solving. And according to other researchers, where the water
problem at the Agency for the Assessment and Application of Technology (BPPT),
proposed that the government activate the dam in the middle of the river passing through
Jakarta, and there is the middle of the reservoir and Ciliwung Cisadane River, also can
function as a supplier of water clean in the dry season.

Against Environmental Pollution in the vicinity of Canal in Jakarta.

It has been described above, that of environmental pollution around the canals in Jakarta,
both on the East Canal and West Canal residents often seen many houses that are dideakat
lip canal / river, the amount of accumulation of organic and non organic waste that causes
stink and cause a change in river water and pollution from industrial wastes in the form of
liquids that are considered highly toxic. Kendalan-pollution constraints are resulting in
water flow of the river / canal, both on the East Canal and West Canal which resulted in
the emergence of flooding in the rainy season in areas of Jakarta harena river or canal
flow can not be run smoothly, especially when the peak area and bogor , West Java was
unable to accommodate the outpouring of rain.

In addition to these problems, also may result in spatial problems of water

infiltration which was nearly lost due to the construction of the building / hospitality and
large scale industrial buildings, and was almost reduced greening area in the form of trees
that can inhibit the decrease of bulk hujang and serves as water absorption. The impacts of
environmental pollution, in order to find the way keluarnnya with annual floods that hit
the city of Jakarta can be avoided with a careful plan, which builds on the provision of
environmental procedures and regulations set forth by the EIA Law.23 of 1997 on
Environmental Management.

Functions Of Law As a Social Impact of Pollution Controls on the existing canals in

Jakarta and surrounding areas.

Channel that often floods hit Jakarta is actually not a new news and the
townspeople jakarta already responded with a sense of despair, which was due to lack of
social control that is within the terms of the imposition of criminal sanctions against
agents that cause environmental pollution in Jakarta, Sebagimana determined by Law
no. 23 of 1997, and the provisions of the EIA arrangements that are considered not to
function in the implementation of prevention of environmental pollution around the banks
of rivers or canals in the urban area of Jakarta. Causes of occurrence of flood disasters in
the region of Jakarta, due to the occurrence of several factors that have put aside the
provisions set forth by the Law No.23 year 1997 on Environmental Management, Law
No. 7 / 2004 on Water Resources cq PP No.42 / 2008 on Water Resources Management
and Law 24/2007 on Disaster Management. Actually the law was already a basis to
prevent the city from flood jakarta unavoidable that almost every year attend the city
flooded. Not yet unrealized action against the perpetrators of environmental pollution
caused flooding in Jakarta, because it is less specifically from local government officials
in Jakarta, in granting sanctions against perpetrators of environmental pollution around
the banks of rivers or canals in the city of Jakarta.
Penalties Penalties are governed by Local Government.

Aspects of violations of the impact of environmental pollution as stipulated by

Government Regulation no. 85/1999 concerning the management of B3 waste, which is
industrial waste, including waste B3 a very dangerous and toxic and disrupt people's lives
around the banks of a river or canal. While the threat of penalties stipulated in the Act. 23
of 1997, only a set of sanctions in the form of administrative sanctions as contained in
Article 25 through Article 27 and criminal sanctions as contained in Article 41 through
Article 48. Against administrative sanction is imposed as punishment for perpetrators of
violations against the environment, in the form of revocation of business permit/activities
related to environment and result in the business/activity stops in total, with the obligation
to restore the environment back those that have been contaminated.
While criminal sanctions as a punishment is a deliberate, negligence, omission or false
information perform acts that cause pollution or destruction of which caused pollution to
the threatened imprisonment of at least 5 years or until as severe as 15 years or a fine of
at lack Rp.100.000.000, - or up to Rp. 500,000,000 - according to the level of abuse /
neglect committed by the perpetrators of the business / industry. Occurrence is caused by
terealisasikannya no legal basis and social control prencemaran supervision of
environmental impacts around the banks of a river or canal in the city. Setting Act. 23 of
1997 regarding environmental management is as a legal umbrella to underlie all activities
that impact the environment, which certainly would impact human life, which in
particular on flood prevention in the area of Jakarta.

Efforts to realize and prevent the pollution and flood control canal in Jakarta and
surrounding areas.

In an effort to realize the flood canals in the city of Jakarta is by expanding the
canal is in fact west banjirkanal melintasai dense residential area located in the middle of
the city of Jakarta and to overcome the problem of flooding due to local rainfall and flow
from upstream in the eastern part of Jakarta, then built East Canal Flooding (BKT), with
reference to the master plan is completed, "The Study on Urban Drainage and Wastewater
Disposal Project in the City of Jakarta" in 1991, and "The Study on Comprehensive Water
Management Plan River in Greater Jakarta" in March 1997.Both are made by the Japan
International Cooperation Agency, "which serves to reduce the threat of flooding in 13
areas, protect the settlements, industrial estates and warehouses in the eastern part of
Jakarta, the East Flood Canal for the purpose of water conservation infrastructure to
recharge ground water and raw water sourcesand water transportation infrastructure. Both
functions are very influential seakali canal towards flood prevention in the city.
Kuhususnya for the construction of the east flood canal, the Government has prepared a
budget of Rp. 2, 7 trillion and the additional cost is included in Anggra income and
expenditure (budget) amendment in 2007. According to the opinion of the Department of
Public Work projects targeting the East Flood Canal (BKT) DKI Jakarta should be
completed by the end of 2008 which was actually planned until the year 2009, in the
realization of the Government faced with the problems of lack of budget and land
acquisition problems where people live around the flood channel east . Acceleration of
completion BKT become one focus of employment Department of Public Works to
address the problem of flooding in Jakarta, while according to the judge Djoko, BKT
infrastructure does not necessarily able to free Jakarta from flooding but at least to reduce
flooding in the eastern part of Jakarta, such as areas of Cawang to Priok.
Assuming BKT also a capacity of 300 cubic meters per second, the water runoff berdebit
approximately 1,000 cubic meters per second will be overflowing. Jakarta is also difficult
to be free from flooding because about 40 percent of mainland Jakarta are below sea level
(MSL), including 16 in the form of natural water storage pond, where (lake), lakes, and
reservoirs. In the downstream, namely Jakarta Bay, the situation also deteriorated with
symptoms of sea level rise due to global warming, that is 45 cm in 30 years. If built BKT
with capacity of 300 cubic meters per second, still not enough to drain or collect all the
runoff water. If there is a maximum runoff, flood the Western Canal (BKB) and the rivers
that pass Jakarta could not hold water because of high water runoff can be 1.3 meters
above normal. Thus the authors trace analysis problems based on the problems of internal
and external factors based on analysis based on the basic policy or policies of the
government's imposition of dapak environmental pollution that causes floods in the city of
Jakarta.
Problem Based Internal Factor Analysis.

By analyzing the formulation of problems that are internal factors, is an attempt

to channel flood that hit the capital city based on internal factors and represents a very
fundamental problem started since the Pemrintahan Netherlands, where the problem of
flooding that hit the city of Jakarta with efforts membangunan Flooding and Flood Canal
Western Canal East which should be immediately implemented for the city to avoid a
flood disaster. The efforts of the Government of DKI in BKB and BKT is experiencing
constraints on Financing problems and issues surrounding land acquisition and BKT BKB
very difficult to overcome and require a very long time. Actually the construction of BKB
and BKT can not fully cope with the flood disaster in Jakarta, the only area that will
minimize flooded and it can be helped by making the lakes in the middle of the river and
river estuary Ciliwung Angke, assisted lakes Other small as a water catchment areas
which are considered a lower area of the riverbank. Establishments pemeritah
responsibility is very maximum, given in the realization of development and BKT BKB
very many constraints faced, besides the problem of financing, land acquisition also the
problems that arise will always be there and that is the problem of hazardous waste and
garbage organic and non-organizational. And this rubbish is not only caused by the
residents of Jakarta, but waste shipments from the peak area and Bogor, West Java. Hence
the need for a strict regulation, against the effects of environmental pollution around the
flood plains by imposing sanctions and the provision severely for those who have made
violations of the provisions set forth by Law no. 23 of 1997, with the purpose for the
creation of a comfortable life around river.

Analyzing External Factors.

Analysis of the formulation of problems that are external factors, is a realization

of the internal factors that have been carrying out Law. 23 of 1997 regarding
environmental management, which is free from the effects of pollution, one of which is
free from accumulation of rubbish and maintained cleanliness of the water content of
various waste streams. Will be the possibility, based on external factors will become
tourist attractions, such as stransportasi water (water way) which surrounds the city of
Jakarta, provided that water levels can be adjusted according to needs such as in Holland,
where the canals in the Dutch State can serve as a local tourist transport as well as foreign
wisataan. Analysis based on internal and external factors must be supported with basic
policy and policy implementation of the Law no. 23 Tahn1997 and EIA policies that can
maximum extent possible to conduct surveillance and pollution on the environment which
affect the environmental damage around the riverbanks.

analysis results :

1. The floods that struck the city of Jakarta is as a result of the impact of pollution on the
environment is often the case in the capital Jakarta, which form stacking trash-door
sluice, and the lack of water catchment area consisting of perpohonan and many
housing located near the banks of the river or existing canals in Jakarta
area.Necessary to implement environmental management to preserve and develop the
skills environment harmonious and balanced development in order to support the
implementation of environmentally sustainable, based on Law no. 4 / 1982 on Basic
Provisions for Environmental Management, to achieve sustainable development goals
Cq Law. 23 of 1997 on Environmental Management.

2. Jakarta Flood Canal is a canal built for Ciliwung river flow passing outside Batavia,
not in downtown Batavia, Burgelijke openbare Werken or abbreviated BOW is the
forerunner of the Department of Public Works, which was released in 1920 and on
studies conducted after the big flood hit Jakarta two years earlier and the core concept
is to control water flow from upstream rivers and adjust the volume of water entering
the city of Jakarta and including the accumulation of water in low areas.

3. With the help of the Netherlands Engineering Consultants, tersusunlah "Master Plan
for Drainage and Flood Control of Jakarta" in December 1973, based on master plan
for flood control in Jakarta, which will rest on two canal that circles most of the city
and the canal will accommodate all water flow from the south and dumped into the
sea through the downstream parts of the city. Later, the canal will be known as the
West Flood Canal and the East Flood Canal.

4. After the floods in West Jakarta in January 1979, the central government with local
government of Jakarta seek solutions to reduce the potential for inundation in the
 future. With an expansion plan of West Canal Flood replaced with the manufacture of
other flood control network, the network of canals and drainage Drainage Systems
named Cengkareng. To the east, built the East Flood Canal (BKT), which refers also
to the master plan and completed "The Study on Urban Drainage and Wastewater
Disposal Project in the City of Jakarta" in 1991, and "The Study on Comprehensive
Water Management Plan in River Greater "in March 1997, made by Japan
International Cooperation Agency."

5. Environmental Impact pencemran, catastrophic flooding in the Jakarta area is caused

due to flood control facilities in the East and West Jakarta is still very minimal, which
particularly in Eastern and Northern region which is the landscap development where
the city is in the area as a business area, warehousing industry, and tourism (resorts,
marina docks, and sports facilities).

6. The need to supervise surveillance conducted against any business or activity by

appointing officials who are authorized to conduct surveillance on the environment, in
this case is the Central Government, Local Government and Regional Head, which
was formed specifically by the Central Government. Local Government (Governor) is
authorized to conduct coercive orders against the person in charge of activities to
prevent and end the violation, as well as overcome consequences caused by a
violation, to conduct rescue and authority can be submitted to the Regent / Mayor,
where such violation can be sanctioned form of revocation of business licenses or
activities.

7. Instrument approach to disasters that occurred in Jakarta canal, disebebakan several

factors causing the number of the garbage that accumulates both on the surface of the
river / canal and at the gates of the water, the occurrence of river that the longer the
less the accommodation and the narrowing of the width of the river or canal because
the mushrooming of housing communities located near the mouth of the river or canal
in DKI Jakarta. Based on these factors intrumerntal approach, which led to the
emergence of a river or canal water becomes turbid and cause flooding in the rainy
season because the flow of a river or canal can not be smoothly, hampered by above.
8. There are other problems: the effect of pollution with the emergence of flies carrying
the virus that meets the dense settlement west banks of the canal flood times mapun
eastern banks of times banjit canal that can cause various human skin, diarrhea and
see the facts and phenomena that occur where the river is polluted still exploited
citizens to support the everyday purposes including washing clothes, as in the West
Flood Canal, District Tanah Abang, Central Jakarta. Rivers in Jakarta could no longer
meet the needs of clean water, because most of the rivers have been polluted waste
originating from households and industry.

9. Flood Canal in Jakarta made for Ciliwung river flow passing outside Batavia, which
was the brainchild of Prof H van Breen from Burgelijke openbare Werken or
abbreviated BOW is the forerunner of the Department of Public Works, heavy floods
hit Jakarta on the first date is to control water flow from upstream stream and adjust
the volume of water entering the city of Jakarta and included accumulation of water in
low areas, that are drawn from Manggarai in the south up to the Muara Angke Batavia
on the north coast has been implemented. Where as a regulator of water flow, also
built water gate water gate Manggarai and Rubber, and the Netherlands Engineering
Consultants, tersusunlah "Master Plan for Drainage and Flood Control of Jakarta" in
December 1973, with this master plan is based on flood control in Jakarta, which will
rely on two canal that circles most of the city and the canal will accommodate all the
water flows from the south and dumped into the sea through the downstream parts of
the city.

10. Problematic to deal with flooding due to local rainfall and flow from upstream in the
eastern part of Jakarta, then built the East Flood Canal (BKT), which refers to the
master plan that has "The Study on Urban Drainage and Wastewater Disposal Project
in the City of Jakarta" in 1991 , and "The Study on Comprehensive Water
Management Plan River in Greater Jakarta" in March 1997. Both are made by the
Japan International Cooperation Agency, "which serves to reduce the threat of
flooding in 13 areas, protect the settlements, industrial estates and warehouses in the
eastern part of Jakarta, the East Flood Canal, for the purpose of water conservation
 infrastructure to recharge ground water and source water raw water and transportation
infrastructure.

11. Aspects of the study of environmental laws against floods dijakarta, with artifacts of
various factors namely pollution violations against the flow of the river channel
floodplain area of west and east flood canal, which originates from indrustri wastes,
chemical wastes from hospitals and waste- perumaha waste in the form of trash and
foam coming from residents who live near the riverbanks.

12. Conducted development of West Canal and East Canal waterways around the city of
Jakarta. Berdasrakan sustainable flood events Department of Public Works (PU),
plans to implement the project of East Flood Canal (BKT) and the West Flood Canal
(BKB) the end of 2007, but the problems facing the implementation of the project is
where a lot of obstacles such as deliverance land that still require a more active
handlers anymore besides penundang funds should have been prepared.

13. Handling solutions to flooding are no longer contextually to the situation in Jakarta.
Where the academics have suggested the project would be a solution BKT only about
10%., Which mustinya government prefers a comprehensive solution to address the
flooding, which should be the main focus is the trigger floods in Jakarta worsening of
the condition of 13 basins, and lakes there, as well as recharge area is much
reduced. According data from 48 lakes in Jakarta and there is currently only five are
still functioning. "With the planned 278 hectares of green open space (green space)
according to the spatial structure that was prepared in 1965-1985, now leaving only
9%. Land conversion due to the development process has sacrificed at least 58 points
that should be green space.

14. Environmental pollution around the canals in Jakarta, both on the East Canal and
West Canal housing is often seen many people who are dideakat lip canal / river, the
amount of accumulation of organic and non organic waste that causes stink and cause
a change in river water and pollution of industrial waste in the form of liquids that are
considered highly toxic. Kendalan-pollution constraints are resulting in water flow of
the river / canal, both on the East Canal and West Canal which resulted in the
 emergence of flooding in the rainy season in areas of Jakarta harena river or canal
flow can not proceed smoothly.

15. Lack of social control in terms of the imposition of criminal sanctions against agents
that cause environmental pollution in the city of Jakarta, determined by Law no. 23 of
1997, and the provisions of the EIA arrangements that are considered not to function
in the implementation of prevention of environmental pollution around the banks of
rivers or canals in the urban area of Jakarta and the causes of the emergence of flood
disasters in the region of Jakarta, due to several factors have put aside the provisions
set forth by the Law No.23 year 1997 on Environmental Management, Law No. 7 /
2004 on Water Resources cq PP No.42/2008 on Water Resources Management and
Law 24/2007 on Disaster Management and not realization of action against the
perpetrators of environmental pollution caused flooding in Jakarta, because it is less
specifically from local government officials in Jakarta, in granting sanctions against
perpetrators of environmental pollution around the banks of rivers or canals in the city
of Jakarta.

16. Aspects of violations of the impact of environmental pollution as stipulated by

Government Regulation no. 85/1999 concerning the management of B3 waste, which
is industrial waste, including waste B3 a very dangerous and toxic and disrupt
people's lives around the banks of a river or canal. While the threat of penalties
stipulated in the Act. 23 of 1997, only a set of sanctions in the form of administrative
sanctions as contained in Article 25 through Article 27 and criminal sanctions as
contained in Article 41 through Article 48. Against administrative sanction is imposed
as punishment for perpetrators of violations against the environment, in the form of
revocation of business permit / activities related to environment and result in the
business / activity stops in total, with the obligation to restore the environment back
those that have been contaminated.

17. Efforts to realize on flood prevention channel in jakarta city that is by expanding the
canal west flood canal, which in fact melintasai dense residential area located in the
middle of the city of Jakarta and to overcome tweaking to cope with flooding due to
local rainfall and flow from upstream in eastern Jakarta , then built the East Flood
 Canal (BKT), which refers to the master plan that has "The Study on Urban Drainage
and Wastewater Disposal Project in the City of Jakarta" in 1991, and "The Study on
Comprehensive Water Management Plan River in Greater Jakarta" in March
1997.Both are made by the Japan International Cooperation Agency, "which serves to
reduce the threat of flooding in 13 areas, protect the settlements, industrial estates and
warehouses in the eastern part of Jakarta, the East Flood Canal for the purpose of
water conservation infrastructure to recharge ground water and raw water sourcesand
water transportation infrastructure.

Referency
ANTARA di Jakarta, Jumat, sampah yang mengalir di sejumlah titik di Kali Ciliwung dan Banjir Kanal Barat
itu didominasi oleh benda berbahan plastik seperti botol dan gelas bekas air mineral.

Arie Herlambang,Efektivitas Kanal Timur juga dipertanyakan di Pusat Kajian dan Penerapan Teknologi
Lingkungan Badan Pengkajian dan Penerapan Teknologi (BPPT). Ia beralasan, aliran sungai-sungai
di wilayah hilir Kanal Timur sering terganjal air laut saat pasang naik. "Ancaman masuknya air laut
harus dicermati," kata Arie seraya mencontohkan banjir besar dua tahun lalu terjadi justru di wilayah
yang rencananya jadi muara Kanal Timur ini. "Jangan sampai air pasang menahan laju air dari hulu.
Kalau terjadi, ini namanya memindah banjir ke timur,".

Allen, Linda. “ Capital Markets And Institutions “: A Global View.New York, Brisbane, Singapore : Jhon
Wiley & Sons’s, Inc., 1997.

Asmon, I.E.” Pemilikan Saham Oleh Karyawan: Suatu Sistem Demokrasi Ekonomi Bagi Indonesia”, dalam
Didik J.Rachbini, ed , Pemikiran Kea rah Demokrasi Ekonomi. Jakarta, LP3ES, 1990.

ANTV, Tgl 8 Juni 2006, Kompas,Tgl 8 Juni 2006, Try Harijono, Jawa Pos,Tgl 2 Juni 2006, Surya, Tgl 10
Juni 2006, iit/ant., Marcilinus, anggota Ikatan Ahli Geologi Indonesia dan Koran Tempo, tgl 16 Juni
2006.

Arsyad, Lincolin. “ Ekonomi Pembangunan”, Penerbit : Sekolah Tinggi Ilmu Ekonomi YKPN, Edisi ke 4,
tahun 2004.

Bronkhorst,C; ”L’atat de necessite.In : Netherlands Report, etc.Pescara 1970 (See Bibl.No. 63)pp.341-352.On
Necessity.`

Black and Daniel, “ Money and Bangkok”, Contemporary Pranctices, Politik and Isues Business Publication
INC.Plano, Texas 1991.

Beaver, William H. “ The Nature of Mandated Disclosure”, dalam Richard A. Posner dan Kenneth E.Scott, ed,
Economic of Corporation Law and Securities Regulation.Boston, Toronto : Little Brown &
Company, 1980.

Black, Henry Campbell.Black’s Law Dictionary, Sixt Edition.ST.Paul. Minn: West Publishing Co, 1990.
Cabut PSC Lapindo, Solusi Terhadap Ancaman Bencana Bagi Masyarakat di Sekitar Blok Brantas, http://
www.walhi. or.id/ kampanye/ cemar/industri/ 060728_psclapindo_ rep/

Coffe, Jhon C.Jr.” Market Failure And The Economic Case For A Mandatory Disclosure System”.Virginia
Law Review, vol. 70, 1984.
Corgill, Dennis.S.” Insider Trading, Price Signals, and Noisy Information”. Indiana Law Journal, vol. 71,
1996.

Downes, John dan Jordan Elliot Gooman, “ Dictionary of Finance and Investment Term “Diterjemahkan oleh
Soesanto Budhidarmo. Jakarta : PT.Elex Media Komputindo”,1991.

Direktur Eksekutif WALHI Jawa Timur, Ridho Saiful Ashadi, dikutip Surabaya Pagi, 7 Juni 2006, isa,
herinta).
Eman Suherman, Kepala Sub-Bidang Amdal Badan Pengendalian Dampak Lingkungan Hidup Daerah
(BPLHD) DKI Jakarta, “Masalah lain yang belum tuntas adalah persetujuan analisis mengenai
dampak lingkungan (amdal). Jangankan sampai tahap amdal, kerangka acuan proyek ini saja belum
kelar. "Kerangka acuan AMDAL yang diajukan belum memenuhi syarat.

Eisert, Edward G “ Legal Strategis for Avoiding Class Action Law Suit Against Mutual Funds”. Securities
Regulation Law Journal. Vol.24, 1996.

----------(en) BBC: Ahli geologis menentukan bahwa penyebab musibah adalah pengeboran Lapindo

Fischel, Daniel R.” Efficient Capital Markets, The Crash, and the Fraud on the Market Theory”. Delaware
Journal of Corporate Law, vol. 74, 1989.

Frederic.S.Mishkin, The Economics of Money, Bangking and Financial Market, Sixth Edition, Addison
Wesley Longman USA, 2001.

Goelzer, Daniel L. Esq.” Management’s Discussion and Analysis and Environmental Disclosure”.Preventive
Law Reporter, Summer, 1995.

Grossfeld, Berhard.” The Strenght and Weakness of Comparative Law”.Oxford : Clarendon, Press, 1990.

Gilson, Ronald J.dan reiner H. Kraakman.” The Mechanisms of Market Efficiency”.Virginia Law Journal, vol.
24, 1997.

Harzel Leo & Richard Shepro.” Setting the Boundaries for Disclosure”.Delevare Journal of Corporate Law,
vol. 74 1989.

Hidayat, Ade, Marthen Selamet Susanto, dan Sri Unggul Azul Sjafrie.I.Putu Gede Ary Suta. “Menuju Pasar
Modal Modern’. Jakarta : Yayasan SAD Satria Bhaktu, 2000.

------------http://www,google.com, sumber data dari artikel yang terkait.

----------- Hot Mud Flow in East Java, Indonesia, Blog.
----------- Holm, C. Muckraking in Java’s gas fields. Asia Times Online. 14 Juli 2006.
----------- Hot Mud Flow in East Java, Indonesia, Blog.
----------- Hamid, A. Bahaya Lumpur Lapindo. ICMI Online. 20 Juni 2006.
----------- Hot Mud Flow in East Java, Indonesia, ibid.
----------- Hessen, R. Capitalism. The Concise Encyclopedia of Economics.
----------- Heilbroner, R. Socialism. The Concise Encyclopedia of Economics.
----------- Hardin, G. The Tragedy of the Commons. SCIENCE 162 (1968): 1243-48.
INNChannels, ”Jakarta - Rencana Departemen Pekerjaan Umum (PU) memulai proyek Banjir Kanal Timur
(BKT) dan Banjir Kanal Barat (BKB) akhir 2007 ibarat menggantang asap. Pasalnya, proyek ini
masih menemui kendala pembebasan lahan. Banjir pun kembali mengancam Ibukota’’.
Jalil, Sofyan.A.” Manipulation and Insider Trading”.makalah disampaikan pada “Pendidsikan dan Latihan
Bagi Profesi Penunjang untuk Konsultan Hukum Pasar Modal”. Jakarta, 21 Juli 1997.
Jeffrey D. Snavely. “Centrak Bank v. First Intersyaye Bank” : Will the Death of the Salesman Stop the
Selling?” University of Toledo Law Review (Vol.26, Spring 1995), hal. 695.and Frank H.
Easterbrook dan Daniel R.Fischel, 1, The Economoc Structure of Corporate Law.(Cambridge,
Massachusetts, London : Harvard University Press, 1996), hal.296-297.
Jawa Timur, Kaya Migas = Kaya Bencana, http://www.walhi.or.id/ kampanye/ cemar/
industri/060730_lapindo_cu/
----------- JATAM, Dari Porong dengan Derita.
----------- Jawa Pos,Tgl 2 Juni 2006.
----------- (id) Portal Informasi Korban Lapindo
----------- (id) Hot Mud Flow in East Java, blog kumpulan berita
----------- (id) Situs Pemerintah Kabupaten Sidoarjo
----------- (id) Kliping Lumpur Panas Lapindo Brantas
----------- (id) Kliping Ledakan Pipa Gas Pertamina oleh Lumpur Panas Lapindo, library.org
----------- (id) Sebuah alternatif penanganan lumpur panas lapindo
----------- (id) Jangan Lagi Mereka Ditinggalkan, Kompas 24 Maret 2007
----------- (id) Lumpur Panas yang Bikin Mulas, Kompas 24 Maret 2007
Konsepsi Hukum Adat adalah “dirumuskan sebagai konsepsi yang komunalistik religius, yang memungkinkan
penguasaan tanah secara individual , dengan hak-hak atas tanah yang bersifat pribadi, sekaligus
mengandung unsure kebersamaan “. Sifat komunalistik menunjuk kepada adanya hak bersama
para anggota masyarakat hokum adat atas tanah, yang dalam kepustakaan hokum disebut Hak
Ulayat.

Kertas Posisi WALHI Terhadap Kasus Lumpur Panas PT. Lapindo Brantas,
http://www.walhi.or.id/kampanye/cemar/industri/070707_lumpurlapindo_kp/

Karmel, Roberta S.” Is the Shingle Theory Dead”.Washington & Lee Law Review, vol 52, 1995.

Koesnadi Hardjasoemantri. “Hukum Tata Lingkungan. Edisi ke.7.Cet. Yogyakarta: Gadjah Mada University
Press.

Karnaen Perwataatmadja dan Muhammad Syafe’I Antonio, “Apa dan Bagaimana Bank Islam”, PT.Dara Bhakti
Prima Yasa Yogyakarta, 1992., Kasmir, “ Bank dan Lembaga Keuangan lainnya”, Pt.Raja
Grafindo, Jakarta, 1997.
-------------- Kompas edisi Senin , Tanggal 19- 06 tahun 2006.
----------- Koran Tempo, 16 Juni 06.
----------- Kompas, 8 Juni 2006.

Lynn A. Stout, Op.cit, hal 615.lihat juga Marvin G. Pickholz dan Edwar B.Horahan III, “The SEC’s Version of
the Efficient Market Theory and Its Impact on Securities Law Liabilities”,Washington and Lee
Law Review.(Vo;.39, 1982).

------------ Lapindo Press Release, 15 Juni 2006.

Lumpur, Kesengajaan ataukelalaian?, http:// www.walhi. or.id/ kampanye/ cemar/ industri/060719_lumpur_li/

Marc I. Steinberg, I. Understanding Securities Law, Second Edition, (New York, San Fransisco : Matthew
Bender & Co.Inc, (1996).
------------ Marcilinus, anggota Ikatan Ahli Geologi Indonesia.
N. Lapolwa dan Daniel S. Kuswandi, “ Akintansi Bank”, Lembaga Pengembangan Perbankan
Indonesia,Jakarta,1993. Pandu Suharto, “ Sejarah Pendirian Bank Perkreditan Rakyat”, LPPI,
Jakarta 1988.

Prof.DR.H.Zainuddi Ali, MA, Sosiologi Hukum. Penerbit : Yayasan Mayarakat Indonesia Baru. Palu, Hal. 2.

Prasetiamartati, B. Potensi Komunitas dalam Pengelolaan Ekosistem Terumbu Karang: Menilik Kasus Pulau
Tambolongan, Sulawesi Selatan. INOVASI Vol.6/XVIII/Maret 2006.

Seminar Hukum adat dan Pembangunan Hukum Nasional. Lembaga Pembinaan Hukum Nasional Departemen
Kehakiman, Yogyakarta Tahun 1975 “ Hukum Adat adalah hokum aslinya golongan rakyat pribumi,
yang merupakan hukum yang hidup dalam bentuk tidak tertulis dan mengandung unsure-unsur
nasional yang asli, yaitu sifat kemasyarakatan dan kekeluargaan, yang berdasarkan keseimbangan
serta diliputi oleh suasana keagamaan “

Saptariani, N. Potret Perspektif Keadilan Gender dalam Pengelolaan SDA di Indonesia. Jurnal Perdikan.

Soejono Soekanto, Mengenai Sosiologi Hukum, Bandung, PT. Citra Bakti, 1989.
Teguh Pudjo Mulyono, “Anlisis Laporan Keuangan untuk Perbankan”, Penerbit Djambatan ,
Jakarta, 1999.

---------- Surya, Tgl 10 Juni 2006, iit/ant.

---------- Undang-Undang No. 23 Tahun 1997 tentang Lingkungan Hidup.
Undang-Undang No. 24 Tahun 1992 Pasal 1 angka 1 : “menyatakan : Ruang adalah wadah yang meliputi
ruang daratan, ruang lautan dan ruang udara sebagai satu kesatuan wilayah tempat manusia dan
makhlik lainnya hidup dan melakukan kegiatan serta memelihara kelangsungan hidupnya”.
----------- WALHI, Sidoarjo Surabaya, Jawa Timur, tanggal 7 Juni 2006.
----------- Wikipedia Indonesia, Banjir Lumpur Panas Sidoarjo 2006.
----------- Wikipedia Indonesia, Lapindo Brantas, dan lihat website BPMIGAS.
----------- www.detiknews.com.
----------- www.kompas.com.
----------- www.metrotvnews.com.
----------- www.walhi.or.id.
---------- www.antara.co.id.
---------- www.antara.co.id.
---------- www.indymedia.org.
----------- www.indymedia.org.
----------- Zallum, A.Q. 1988. Al-Amwal fi Daulah al-Khilafah (terj.). Hizbut Tahrir.

Zainuddin menilai, ”ketimbang membangun kanal baru, lebih baik membenahi saluran-saluran yang sudah ada.
Misalnya, kata dia, mengeruk muara, membongkar atau mendesain ulang bangunan yang
mempersempit alur dan menghalangi sampah, serta mengembalikan alur sungai. Zainuddin juga
mengusulkan pembenahan di wilayah hulu dan daerah resapan dengan penghijauan. "Kalau ini
dijalankan, Proyek Kanal Timur bisa ditunda untuk 50 tahun ke depan," kata dia. Alternatif lain,
kali ini usulan Arie, adalah membangun waduk di hulu untuk menahan air saat musim hujan dan
cadangan air di musim kemarau. Usulan klasik, memang. Tapi kita sering lupa, ide kuno pun
sering kali manjur”. Sumber: Majalah Tempo.