INTERNATIONAL ENVIRONMENTAL LAW ENFORCEMENT USING ISO 14001 IN THE WTO FREE TRADE SYSTEM AND ITS IMPLEMENTATION IN INDONESIAN LAWFerdi
ISO 14001 is an international standard that contains guidelines (guidence) for management. International Environmental Law and national environmental law have not been able to achieve optimal enforcement of environmental law because it only contains rules in the form of a liability approach. Law enforcement must be done with other approaches such as the economic approach, especially marketing, namely the market based incentive approach. This approach provides incentives for goods and services companies holding ISO 14001 certificates, namely environmental management standards (EMS). The research problem is how the environmental management standard (EMS) of ISO 14001 helps the enforcement of International Environmental Law and Indonesian Environmental Law as well as what forms of implementation in Indonesia. The research method used is a normative juridical approach supported by a sociological juridical approach. Analysis of legal material is done descriptively through a comparative approach to management science, especially marketing management. The results show that EMS has been recognized by World Trade Organizations (WTO) member countries as a world trade standard. ISO 14001 has been required in trade by developed countries such as Europe, the United States, China etc. ISO member countries have also required ISO 14001 in the export and import of their goods and services. Companies are competing to get EMS certificates so that their products sell well in the market. One of the requirements for obtaining an ISO 14001 certificate is that each company has a commitment to uphold national and international environmental law. Indonesia as a member of ISO and WTO has implemented ISO 14001 as the Indonesian National Standard (SNI 14001). ISO 14001 has also been included in various laws such as Law Number 32 Year 2009 concerning Environmental Protection and Management.