THE STATE RESPONSIBILITY FOR THE ENVIRONMENTAL DAMAGE OF MOUNT

This study aims to determine responsibility of the State against the Damage of the Environment at Mount Bawakaraeng and also to know the prevention efforts Damage Environment at Mount Bawakaraeng Area. This research was conducted in Gowa Regency and Makassar City of South Sulawesi. The research method used empirical-normative method , it is intended that the authors describe the overall data obtained through interview, literature study, and observation result. The results are then analyzed and associated with the formulation of legislation and taken conclusions or answers to answer the problems examined by the author. The results of this study indicate that the Ministry of Environment and Forestry with the obligations attached to it in managing the forest in this area of Mount Bawakaraeng still can not be categorized as running maximally, either coordination of related institutions and handling in providing responsibility to Damage Environment Living on Mount Bawakaraeng.


ISSN: 2320-5407
Int. J. Adv. Res. 6(7), 346-352 347 forms of participation has emerged. This includes the need of individuals, groups and organizations to participate in environmental impact assessment. they live and work.
Based on the fragmented Agenda 21 above, one of the fundamental prerequisites for the achievement of sustainable development is the participation of the community in decision-making. At the national level, each individual is entitled to access information relating to the environment held by the public authorities and the opportunity to participate in the decision making process Country mustfacilitate and encourage public awareness and participation by providing information widely. 3 International environmental law is a field that has significant success in history. Continuing international evolution, environmental law is vital for global efforts to identify and respond to problems. Even when faced with less complex dilemmas, however, international environmental law is part of not just a portion of the solution. International environmental law has limits. According to the Secretary-General of the United Nations, Ban Ki Moon, "Law affects the future of humanity, and. . . the future of the planet " 4 Based on the above quotation it can be concluded that international environmental law is very influential on global issues in the future.
Indonesia's Environmental Protection And Management (PPLH) has a fundamental position in Indonesian legislation. This affirmation lays down the "State Obligations" and "Government Duties" to protect all Indonesian human resources (as a component of human resources) and the entire Indonesian blood spill as a component of biological resources and non-biological natural resources (abiotic) components for the happiness of all Indonesians and all mankind. 5 As one of the countries that is claimed to be the lungs of the world, Indonesia has the largest tropical rain forest to the 3rd in the world, after Brazil and Congo, about 99, 6 million hectares of forest area in Indonesia. 6 Given Indonesia's vast natural wealth, it is certainly not an easy task in protecting and managing the environment, in accordance with the results of the United Nations Conference on Environment held in Stockholm in 1972 and a Declaration on the Environment of the Earth Summit in Rio de Janeiro Year 1992 which agreed on the principle of development decision-making should take account of the environmental and human dimensions and the Sustainable Development Summit in Johannesburg in 2002 which addresses and mitigates the deterioration of environmental quality.
Awareness of a healthy environment is still very minimal, both the awareness of society and the role of government in creating a healthy environment, as one example; Mount Bawakaraeng, an ecologically important water catchment area of this mountain has an important position as a source of water storage that includes at least five administrative areas namely: Makassar, Gowa, Bantaeng, Bulukumba and Sinjai, South Sulawesi. Biological richness which later became the source of life of the surrounding community and the inherent cultural values are very strong in the area of Mount Bawakaraeng provide its own charm to tourists, nature lovers and academics/ researchers. However, the current condition of Mount Bawakaraeng is very concerning, filled with a lot of garbage, proven in some climbing post formed garbage hills, even some climbers who hung their garbage among the trees, not only garbage, another factors causing damage to Mount Bawakaraeng are the fallen tree, forest burning and possibly felled only to open the path for climbers, The condition of the trees that once shade is now thinning. 3  Thus, looking at the problem is quite complex in Indonesia in general and in the area of Mount Bawakaraeng in particular, it is very urgent to be able to do protection and environmental management is good and right.

Research Questions:-
In connection with the background of such thoughts, it can be identified the main issues to be discussed, are as follows: 1. What is the form of State responsibility for Environmental Damage in Mount Bawakaraeng? 2. How is Environmental Damage prevention efforts in Mount Bawakaraeng Area?
Research Methods:-In conducting research in the field, the authors choose the location of research in Gowa Regency and Makassar City of South Sulawesi, with object and research subjects in Bawakaraeng Mountain Area, Site selection is based on the consideration that in the place will be obtained data related to scientific studies. Determination of this location is expected to provide significant data in accordance with the title and problems in this study.
The type of research used by the author is the normative empirical research. Peter Mahmud Marzuki explains that normative legal research is a process to find a rule of law, legal principles, and legal doctrines to answer the legal problems faced. 7 While empirical research is a research conducted directly from the community as the first source through field research, empirical legal research provides an important meaning to the analysis that is quantitative and empirical, so that the steps and technical design of the research follow the pattern and research of social science, especially sociological science (socio -legal research). 8 Furthermore, the type of normative legal research is conducted by collecting legal materials both primary, secondary and/or tertiary. In order to obtain an answer or solution to environmental pollution problems in the Bawakaraeng Mountains area of Gowa Regency of South Sulawesi Province and will be correlated with a juridical analysis approach to national environmental law by looking at the culture of the local culture.
Soerjono Soekanto argues that normative and empirical legal research can be carried out separately or in combination, 9 therefore the writer took the initiative to combine this research intonormative emp iris research in order to enrich the li terasi jurisprudence through multi methods.

Results And Discussion:-
Regulations Relating to State Responsibility:-Conceptually, according Soerjono Soekanto in Irwansyah 10 that the core and meaning of law enforcement lies in the activities of harmonizing the value relationships laid out in steadfast rules and acts as a series of final value stages, to create, maintain and maintain the peace of life within society.
The responsibility of the state is a fundamental principle in international law that comes from the doctrine of international legal experts. The responsibility of the State arises when there is a breach of an international obligation to do something, whether such obligations under international treaties or by international custom. Black's Law Dictionary there is only a narrow sense of responsibility that is answerability or accountability . 11 In this regard, in particular within the scope of our own Environmental Law, we can refer to the Stockholm Declaration of 1972, essentially formulated as a duty to protect the environment, not only the environment within the national territory, but also the global environment. The Principle 21 of the Stockholm Declaration of 1972 sets forth : " .... the responsibility to ensure that activities within their jurisdiction or control do not cause Damage to the environment of States or of areas beyond the limits of national . jurisdiction. " The principle is intended as a preventive measure damage or pollution of the environment within the territory and is cross border. Twenty years later the Rio de Janeiro Declaration was born, still the same as the previous declaration of the declaration in "Rio" also discusses Environmental Degradation but focuses more on issues of pollution, climate change, ozone depletion, use and Law no. 23 of 2014 on Regional Government eliminates the authority of forest management at the district level City. According to this Law, the authority of forest management is shared between the Central and Provincial Governments. Central Government authorities in forest management include: 1. Implementation of forest governance. 2. Implementation of forest management plan. 3. Implementation of forest utilization and use of forest area. 4. Implementation of forest rehabilitation and reclamation. 5. Implementation of forest protection. 6. Implementation of processing and administration of forest products. 7. Implementation of Forest Area Management with Special Purpose (KHDTK).
While the authority of Provincial Government in natural forest management are: 1. Implementation of forest regulation on Forest Management Unit (KPH), except in KPH Conservation (KPHK). 2. Implementation of KPH management plan, except for KPHK. 3. Implementation of forest utilization in production forest and protection forest areas, including: 4. Utilization of forest area. 5. Utilization of non-timber forest products. 6. Collection of forest products 7. Utilization of environmental services, except for the utilization of carbon storage and/or absorption. 8. Implementation of rehabilitation outside State forest area. 9. Implementation of forest protection in protected forests and production forests. 10. Implementation of non-timber forest product processing. 11. Implementation of wood forest product processing with production capacity <6000 m / year. 12. Implementation of KHDTK management for religious purposes.
Based on the description of the above mentioned forest management authority, it is understood that the current strategic policy in forest management is the development of KPH. KPH is designed to strengthen local participation in proposed forest area utilization and management. Therefore, forestry planning at the micro level will be mostly done by KPH. The role of the Provincial Region in this case is very strategic to determine the forest management plan. In Law no. 23 of 2014 on Regional Government, one of the sub-affairs of the conservation areas whose management is handed over to the Regency / Municipality is the management of Tahura. The management of Tahura which is the authority of the Regency / Municipality is Tahura whose entire forest area is within the administrative area of the Regency / City. While the Tahura area of forest area cross District / City, forest management authority becomes the authority of the Provincial Government. The management of Tahura shall be carried out by a management unit established by the Governor or Regent / Mayor based on the criteria established by the Minister of Environment and Forestry. Manager of tahura in the form of Technical Implementation Unit from local government.
Based on the above description, it is clear that the authority of forest management today is mostly located in the Central Government. At the regional level, authorities in the implementation of forest area planning and utilization and some non-timber licensing are submitted to Provincial Areas. While Regency / City is given a limited portion of authority in managing the implementation of KPH as a forwarding authority of the Provincial Region at the Regency / City level. The management of Tahura shall be submitted to the Regency / City Government but on a limited utilization scale in accordance with the Norms, Standards, Procedures and Criteria established by the Central Government. The

Conclusion:-
Based on the results of research and discussion, the conclusions that can draw writer is as follows , Form of Responsibility State is the responsibility that must be obtained by every citizen given by the