The Criminal Law Enforcement Toward Violation of Environmental Permit (original) (raw)
Related papers
Against The Law In Pollution of The Environment
Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS)
This study aims to determine & analyze the forms of unlawful acts regulated in law Number 32 of 2009 Concerning Environmental Protection And Management and to find out the judges’ Considerations in Imposing Civil Decisios Againtst Pollution Perpetrators in Enviromental Cases Number 735/Pdt/G-LH/2018/PN.Jkt.utr. The method used in this research is using normative juridical research which is library law research conducted by reviewing library legal material to obtain theoretical secondary data, while the type of research used in this study is qualitative research and the nature of the research. Used is descriptive analysis, from the results of research violations of law Number 32 of 2009 Concerning Environmental And Management can lead to acts againts the law, the judge decided to grant part of the plaintiff’s demans because PT How Are You Indonesia was proven to have committed acts againts the law by polluting the environmental, life a result of the results of their ...
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..
Theoretical Foundation and Legal Content of the Categories of Legal Relations of Environmental Law
protmed.uoradea.ro
Given that human society has reached high levels of development, which involves using natural resources in huge volumes, an important issue that arises is environmental protection. This requires the set up of rules that would protect the environment, and the result is a distinct bundle of legal relations, the environmental ones. News of a scientific study on the relation of environmental law is emphasized by the existence of divergences from the correct application of legal norms and the development of appropriate legal framework that refers to environmental protection. The subject of the article focuses on the system of theoretical, methodological and applicative issues, related to the environmental law relations. Good knowledge of the characteristics of application of rules and principles related to environmental law relations will largely determine the proper functioning of the mechanisms of environmental protection.
The Protection of Eco-Systems Through Civil Law
2008
New Considerations Regarding the Right to a Non-Polluted Environment. For the second time the authors express ideas regarding an issue, which is important, both from a theoretical and practical point of view. The previous ideas were based not only on the former environmental law no. 9/1973-which did not contain precise provisions regarding the protection of the environment-but also on the international provisions and doctrine in the field. However, the new opinions are based on the provisions of the new law no. 135/1995 which states the right to a healthy environment. Nowadays, the necessity to ensure the prevention of pollution is a major problem, which needs to be solved in order to ensure the right to a healthy and civilized life to all citizens. An important goal in this field remains still the introduction in the Constitution of some provisions ensuring this important right.
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.
The Urgence of Environmental Law Enforcement
APLIKATIF: Journal of Research Trends in Social Sciences and Humanities
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 lega...
Protecting Environment through Criminal Sanction Aggravation
Journal of Indonesian Legal Studies
This paper aims to explores the provision of aggravating criminal sanction that protects environment in environmental legislation. By focusing on the four laws as its primary data source, this study employed doctrinal legal research. The results showed that the weight accorded to criminal sanctions in environmental legislation, has varied. The PPLH Law provides for the amplification of criminal threats directed at corporations by adding 1/3 (one-third) of the criminal sentence. Only companies are subject to the penalty aggravation provisions of the Mining Law, and they are only imposed with one-third of the maximum criminal provision of fines. In the PPPH Law, the imposition of criminal threats weight is simply related to the quantity component. If the culprit is a corporation or official, the criminal sanction aggravation is increased by one-third. In Plantation Law, if the offender is a corporate or a government official, then the criminal punishment is intensified. The environmen...
E3S Web of Conferences, 2020
The economic growth of the City of Semarang is influenced by the development of the manufacturing/ construction industry and construction has an effect on increasing pollution and/ or environmental damage. For this reason, one of the Government's efforts to provide protection and living environment management for its citizens is through environmental law enforcement. The main objective of law enforcement in cases of pollution and/ or environmental damage is to restore the environmental ecosystem and to improve the quality of the environment. Administrative legal instruments are considered the most appropriate for this purpose, because the characteristics of administrative sanctions are preventive through supervision and licensing and are repressive through the application of administrative sanctions. This study aims to find out how the enforcement of environmental law through administrative law, how the implementation of administrative sanctions as one of the instruments of law ...
Applying Criminal Penalties and Consequences in Enforcing Environmental Protection Compliance
Our present Environmental Laws adopting criminal sanctions as means of environmental protection compliance focus on punishing the lack of a permit or the violation of permit or other regulatory requirements and conditions set out by the Environmental protection agencies. The author argues that if the role of the criminal law is restricted to defining the conditions of an administrative permit, and the authorities at the same time determine the conditions of criminal liability, this may point to the fact that a more direct environmental protection by the criminal law, such as exists for traditional crimes, is more difficult to reach in achieving an environmental end. The paper highlights the serious weaknesses in this approach. To this end, the premise of the paper therefore is that we should have graduated approach to environmental crimes that are less dependent on administrative law, especially where a prohibited act has serious consequence of creating death, serious injury, or a significant risk of death or serious injury. When this is the case the author argued that it can lead to criminal liability irrespective of a violation of administrative obligations, making serious environmental abuse to be treated in the same as violators of traditional crimes. Thus, the main focus of this paper is how do we fit in the typology of environmental crimes to elicit environmental protection compliance?
Problems of Environmental Law: Possibilities for Legislative Changes
Rocznik Ochrona Srodowiska, 2021
Kazakhstan is a country experiencing tangible environmental problems. Currently, it faces numerous environmental problems such as air pollution, water pollution, exploitation of natural resources, negative consequences of mining, etc. In order to cope with environmental problems, a number of legislative acts have been enacted: the Environmental Code, the Water Code, the Forestry Code, a number of laws and government decrees that provide a legal basis for sustainable development. But, unfortunately, these laws and policies were not properly implemented due to issues such as inconsistency, weak enforcement, the presence of internal contradictions, gaps, and discrepancies, etc. As a result, the current legislation in the field of environmental protection does not meet the development objectives of our country, its lack of transparency hinders the development of the economy, and indistinctness reduces the competitiveness of domestic producers in the world market and the volume of investments attracted to the economy. Many aspects of the state's environmental activities remain unregulated from a legal point of view, which, on the one hand, leads to a deterioration in the quality of the environment and the plunder of natural resources, and on the other hand, creates Problems of Environmental Law: Possibilities… 225 conditions for the development of corruption. This study proposes individual solutions to problems in the environmental sphere by creating new legal norms, as well as eliminating contradictions between existing regulatory legal acts, systematizing legislation and establishing a unified practice of applying norms. It is concluded that the implementation of environmental human rights depends on the quality of regulatory legal acts and their effective application.