Against The Law In Pollution of The Environment (original) (raw)

Juridical Analysis of Criminal Acts in Environmental Pollution in Accordance to the 32 Law of 2009 Concerning Protection and Management Environment

International Journal of Law, Environment and Natural Resources, 2024

This study aims to describe the regulation of criminal acts of environmental pollution in Indonesian positive law and to analyze the responsibility for criminal acts of environmental pollution according to Law Number 32 of 2009. This study uses normative legal research in the form of library research using three types of legal materials, namely primary, secondary and tertiary legal materials, qualitative descriptive research, normative juridical research, statutory and conceptual approaches. The results of the study stated that the regulation of criminal acts of environmental pollution in Indonesian positive law is regulated in Law Number 32 of 2009 concerning the Environment. This law stipulates that if environmental pollution and damage has already occurred, it is necessary to take repressive measures in the form of effective, consistent and consistent law enforcement against environmental pollution and damage that has occurred so as to apply the principle of primum remedium criminal law. The crime of environmental pollution is not only imposed on individual perpetrators of environmental crimes, but also on corporations. In addition, also to customary law communities based on the Constitutional Court decision No. 35/PUU-X/2012 by using conditionality in recognizing the existence of indigenous peoples as legal subjects which are still maintained as long as in reality they still exist and their existence is recognized, and confirmation of their existence is stipulated by Regional Regulations..

Problematic of Law Enforcement Against Environmental Damage in Indonesia

Anggi Saputra, 2023

This research aims to analyze environmental problems, especially in the aspect of law enforcement. The aspect of environmental law enforcement is a very important factor and needs to be paid attention to because it is the key to creating a healthy environment and controlling the government and society over excessive use of resources. In fact, there is a lot of abuse in the environmental sector from various angles, which results in more and more environmental pollution and has an impact on the future, but it is important to remember that in enforcing environmental law there is a problem regarding what punishment needs to be imposed on perpetrators who destroy the environment under criminal law, civil law or administrative law. However, all of these dilemmas can be explained when looking at the enforcement formula contained in environmental laws and regulations. This research uses juridical-normative research , with analytical descriptive research.

The Functionalization of the Ultimum Remedium Principle Towards the Implementation of Criminal Actions Environmental License in the Perspective of Environmental Criminal Law in Indonesia

Proceedings of the 1st UMGESHIC International Seminar on Health, Social Science and Humanities (UMGESHIC-ISHSSH 2020), 2021

Environmental law is a juridical instrument for environmental management which basically includes structuring and enforcement consisting of administrative law, civil law and criminal law. Environmental law enforcement is considered a tool (an end) which functions as a statutory regulation regulating waste quality standards. In Law Number 23 of 1997 concerning Environmental Management, there are several differences with the UUPPLH Number 32 of 2009, which is the application of the subsidiarity principle of criminal law in Environmental Law Enforcement. The application of the subsidiarity principle in environmental law enforcement according to this study is not measurable, subjective and has no legal certainty. There is a debate in the settlement of environmental disputes that must be analyzed, namely whether the application of criminal law is an ultimum remidium (last resort) or a premium remidium (the main effort). The type of research is normative legal research that uses qualitative juridical analysis techniques with literature study and document observation. So from the research results it can be concluded that in formal criminal acts, the role of administrative law must be prioritized in solving environmental problems, after these efforts are ineffective, then criminal law is optimized as a last resort. This is clarified by the UUPPLH on point 6, which states that the function of criminal law against formal environmental law offenses is ultimum remedium because criminal law is a complement to administrative law and civil law. However, for serious crimes and causing public unrest, environmental criminal law is not an ultimum remedium but a premium remedium.

Discourse on Creating a Special Environmental Court in Indonesia to Resolve Environmental Disputes

2020

The purpose of this study is to determine the regulation of laws and regulations regarding environmental justice in Indonesia and how the concept of building environmental justice in the justice system in Indonesia. This research can be useful both practically and theoretically, practically. The research method used by researchers is the evaluative analysis method, which is a method of gathering and presenting data obtained to analyze the actual situation and then rational analysis is carried out based on juridical references through library research. The results of the research Regulations on the environment are already available namely Law Number 32 of 2009 concerning Environmental Protection and Management and building an environmental justice system starting from improving human resources namely the Supreme Court by consistently educating and training judges with knowledge of aspects of environmental law life that will later handle environmental cases; The Supreme Court makes a ...

The Aspects of Environmental Law Enforcement in Indonesia and the Implementation of International Agreements in the Environmental Field in Indonesia

Nurani: Jurnal Kajian Syari'ah dan Masyarakat, 1970

Law enforcement is the process of enforcing or trying to implement legal norms as guides for traffic or legal relations in social and state life. In the environmental law enforcement system in Indonesia, there are three legal aspects described in the Environmental Protection and Management Act (UUPPLH), namely administrative law, civil law, and criminal law aspects. Where each aspect's law enforcement and law enforcement processes are distinct. The research method used was normative legal research. One component of environmental law enforcement is the use of civil law in environmental management. In the Environmental Protection and Management Act (UUPPLH) the process of enforcing environmental law through civil procedures is regulated in Chapter XIII Articles 84 to 93. In order to provide legal clarity in law enforcement, efforts are being made to solve environmental problems that emerge in Indonesia. Environmental law enforcement is an endeavor to ensure that regulations and re...

Legal Politics of Environmental Protection and Management in Indonesia

Zenodo (CERN European Organization for Nuclear Research), 2022

This paper examines the position of Law No. 32 of 2009 concerning Environmental Protection and Management as a legal product based on the legal ideals of Pancasila and examines the legal politics of the position of Law No. 32 of 2009 concerning Environmental Protection and Management so that it can become a legal product that creates environmental sustainability. This paper uses a normative juridical method. The results of this paper indicate that Law No. 32 of 2009 concerning Environmental Protection and Management has a position under the goals of the Indonesian state, namely to create a good and healthy environment that makes people prosperous. It has been stated in Article 65 that everyone has the right to a good and healthy environment as part of human rights. The legal politics of Law Number 32 of 2009 concerning Environmental Protection and Management in accordance with the provisions of Article 28 H paragraph (1), Article 33 paragraph (3), (4) and (5) of the 1945 Constitution, which is the state's legal policy in managing the environment and use of natural resources.

Juridical review of criminal acts of environmental destruction that occurred in the tele forest, samosir regency

LEGAL BRIEF

This study aims to examine the environmental crimes that occurred in the forest area of ??Tele, Samosir Regency, with the background of the problem of how the regulation of criminal acts of environmental destruction is based on Law No. 32 of 2009; how efforts to overcome environmental crimes are based on Law No. 32 of 2009; and how the legal policy on environmental crimes is based on the decision of the District Court Number: 28/PID.SUS/PN.Blg. The research method used in writing this thesis is descriptive. The analysis leads to normative juridical material, namely another legal material. This research is an answer to the background of problems related to environmental crimes that occurred in the Tele forest, Samosir Regency.

Perspectives of sustainable development vs. law enforcement on damage, pollution and environmental conservation management in Indonesia

Journal of Water and Climate Change

This study uses a normative juridical method based on literature studies to obtain secondary data sourced from primary, secondary, and tertiary legal materials. Specifications of research are analytically descriptive. The data analysis method used is qualitative juridical. The results of the study show that overall government policies on environmentally friendly management have not been able to overcome the conflicts that often arise between the goals of environmental preservation and the goals of economic development. As a solution to overcome these obstacles, it is necessary to enforce criminal law, in addition to imposing material punishments (requiring proof) for crimes which are genetic crimes, it is also necessary to apply formal offenses (no need for proof) for crimes which are specific crimes. The process of enforcing environmental law from the aspect of criminal law will be more successful if it is handled by agencies that technically and institutionally deal with environme...

The Urgence of Environmental Law Enforcement

2022

People are a component of the environment. Where human involvement with the environment has an effect on other forms of life. The environment evolves in tandem with societal transformations. Human survival is extremely dependent on the environment. In the social perspective, the environment (ecosystem) is a unit that cannot be separated. The influence of environmental pollution on human growth and survival is unfavorable. If the environment (ecology) is healthy, it will have a favorable effect on the development of human life's carrying capacity. On the other side, driven by limitless human wants, there is frequently excessive and unregulated exploitation of the environment, resulting in environmental harm and contamination. To counteract the negative effects of excessive environmental exploitation, it is essential to have a social engineering tool, namely the law, in order to establish an orderly society (law as a tool of social engineering). This study employs a normative legal approach as its methodology. This study will examine normatively applicable legal structures pertaining to the environment in Indonesia, with an emphasis on the necessity of law enforcement (law as a tool of social engineering). This study employs a normative legal approach as its methodology. This study will examine Indonesian environmental legal structures from a normative perspective, focusing on the urgency of law enforcement. Specifically, the law to establish an orderly society (law as a tool of social engineering). This study employs a normative legal approach as its methodology. This study will examine Indonesian environmental legal structures from a normative perspective, focusing on the urgency of law enforcement.

Law Enforcement Against Environmental Pollution By the Way Kanan District Environmental Service

Unifikasi : Jurnal Ilmu Hukum, 2022

Environmental pollution can cause damage to ecosystems and have a negative impact on the environment. One of the causes of environmental pollution is rubber waste. To prevent this from happening, it is necessary to have supervision from the government, namely the Environmental Service and the community due to the existence of rubber waste disposal activities. The problem in this research is how to enforce the law on the disposal of rubber waste by the Environmental Service and what are the inhibiting factors in supervising the disposal of rubber waste in Way Kanan Regency. The method used in this research is normative and empirical, using a statute approach and in-depth interviews. The results of the study and the conclusion from these problems are that law enforcement carried out by the Environmental Service in carrying out monitoring instruments related to the disposal of rubber waste by business actors is still less than optimal and less firm because it is only waiting for reports from the public. Inhibiting factors in supervising the disposal of rubber waste in Way Kanan Regency are Lack of Human Resources, Insufficient Facilities and Infrastructure, Distances that are difficult to reach, and Lack of commitment from the person in charge of the business to protect the environment.