THE ROLE OF LAW IN ENVIRONMENTAL PROTECTION AND
MANAGEMENT
Introduction
Humans need a healthy and conducive living environment in their lives. A healthy,
pollution-free environment is the dream of every human being. Environmental changes are
largely determined by human attitudes and protection of the environment. In the utilization of
natural resources, both biological and non-living, it greatly affects the condition of the
environment and can even overhaul the system of life that is already balanced between life
itself and its environment. Humans in utilizing these ala resources must pay attention to their
purpose, and the effects caused by their use.
Environmental degradation has led to natural disasters. Damaged forests will cause
flooding, erosion, landslides and drought in the dry season. Forest destruction will also lead
to the reduction of water springs, where water is the source of life for all living things on this
earth. Without water humans cannot live well, even human life on this earth will become
extinct if it is not supported by the availability of sufficient water.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
Environmental pollution and damage, as a side effect (negative impact) of the use of
technology in industrial activities, as well as from the low quality of behavior (some citizens)
of the community, will undoubtedly cause problems in life and become an obstacle to the
realization of sustainable development for the improvement of human welfare, which is the
goal in environmental management, therefore it needs to be prevented and overcome (Alvi
Syahrin, 2009).
The exploitation of sand mining, pumice excavation, gold excavation will cause
ecological hazards. The destruction of the order of the natural balance system has a great
influence on the survival of creatures on this earth. Waste disposal into the sea will also
affect the existing marine ecosystem. Not only large waste disposal but also waste disposal
by small and medium-sized companies will have little or no impact on the existing
ecosystem. If we look at the rivers in the city, in terms of color, they have changed, not to
mention the addition of littering and disposal of vehicle wash marks, making the river even
dirtier.
The declining quality of the environment has threatened the continuity of human life
and other living things, as well as increasing global warming which has resulted in climate
change and this will exacerbate the decline in environmental quality. For this reason, it is
necessary to protect and manage the environment seriously and consistently by all
stakeholders.
Environmental damage that continues to be allowed will have an impact on future
generations. To anticipate that the environmental impact is not too severe and does not
endanger the next generation, it is necessary to have rules that regulate it and enforce it on
everyone who violates the laws and regulations. To anticipate this, in United States there are
many legal provisions that regulate environmental protection, namely Law No. 18 of 2008
concerning waste management, Law No. 19 of 2009 concerning the ratification of the
Stockholm Convention on Persistent Organics Pollutants, Law No. 32 of 2009 concerning
environmental protection and management.
Environmental protection and management based on Article 1 point (2) of Law
Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is a
systematic and integrated effort carried out to preserve environmental functions and prevent
pollution and/or damage to the environment which includes planning, utilization, control,
maintenance, supervision, and law enforcement.
Environmental impact control is an effort to carry out supervisory actions on an
activity carried out by everyone, especially companies that have a major impact on the
environment. In this case, environmental impact is defined as the effect of changes in the
environment caused by a business and/or activity.
Therefore, environmental protection and management efforts are an obligation for the
state, government, and all stakeholders in the implementation of sustainable development so
that the United States environment can remain a source and support for life for the people of
United States and other living things. The provisions of Article 1 point (3) of Law Number
32 of 2009 concerning Environmental Protection and Management, stipulates that sustainable
development is a conscious and planned effort that integrates environmental, social and
economic aspects into development strategies to ensure the integrity of the environment and
the safety, capability, welfare and quality of life of present and future generations.
Environmental management provides economic, social, and cultural benefits and
needs to be carried out based on the principles of prudence, environmental democracy,
decentralization, and recognition and appreciation of local wisdom and environmental
wisdom, so that United States environment must be protected and properly managed based
on the principle of state responsibility, the principle of sustainability, and the principle of
justice.
Based on the aforementioned problems, considering the many environmental
damages that occur by irresponsible people, it is necessary to write about the role of law in
order to reduce the rate of destruction of the environment. For this reason, the title of this
writing is entitled "The Role of Law in Environmental Protection and Management".
Problem Formulation
To limit the discussion so as not to spread too widely, it is necessary to limit it with
two problem formulations that are considered urgent. The formulation of the problem in this
paper is how the role of law in order to provide protection and management of the
environment.
Purpose of Writing
This writing aims to find out the role of law in order to provide protection and good
environmental management so that the environment can be enjoyed by the next generation in
the future.
Writing Method
The writing method used in this paper is the literature review method (library
research).
Theoretical Review and Discussion
Functions of Environmental Law
Environmental protection and management will not run optimally without adequate
legal instruments that specifically regulate environmental protection. The environment will
experience tremendous destruction without efforts to prevent and punish those who violate it.
The law has an important role to provide a deterrent effect to people who violate
environmental laws. If there is no law governing the environment, it will cause tremendous
damage to the environment. People arbitrarily use protected forests for personal interests
without caring about others. With the existence of environmental laws accompanied by
strictness to violators, it will minimize environmental damage. This is because the penalties
given by law to violators are very severe.
In environmental law enforcement, all forms of violations and crimes have been
regulated, for perpetrators both committed by individuals and entities with preventive and
repressive efforts. For this repressive action, there are several types of instruments that can be
applied and their application depending on the need, as consideration, among others, looks at
the impact it has. The types of instruments include (Subagyo, 2002):
Administrative Measures
Civil Action (Civil Process)
Criminal Action (Criminal Process)
Of the three instruments there is no priority scale or is the first and last order, so if
there is an assumption that criminal action is the last punishment in its application and if
other actions do not solve the problem. This is not entirely true, in fact this criminal action
only resolves unilaterally has not reached the sufferer, namely the group of people affected in
the form of recovery to its original state.
According to Takdir Rahmadi, environmental law is a field or branch of law that has
a peculiarity that Drupsteen calls a functional legal field (functioneel rechtsgebeid), in which
there are elements of administrative law, criminal law and civil law. Therefore,
environmental law enforcement can be interpreted as the use or application of instruments
and sanctions in the fields of administrative law, criminal law and civil law. State
administrative lawsuits are a means of State administrative law that can be used by citizens or
civil legal entities against government agencies or officials who issue State administrative
decisions that formally or materially contradict environmental laws and regulations. The use
of criminal law sanctions can only be carried out by government agencies. The use of civil
law instruments, namely civil lawsuits, can be carried out by citizens, civil legal entities and
also government agencies. However, when compared between the three areas of law, most
environmental legal norms fall into the area of State administrative law (Rahmadi, 2011).
The environmental criminal law contained in the 1997 UUPLH can be noted to have
progressed significantly. It is far more developed than the scope of the Criminal Code, as
well as the 1982 UUPLH. UUPLH 1997 is the basis of the criminal law system benchmark
for sectoral regulation, which contains criminal law instruments, such as land, mining,
forestry, fisheries, electricity, marine resources and so on. Determination of criminal law in
certain sectors that are not in accordance with developments, can use the provisions of
UUPLH as an alternative to overcome the lack of suitability.
UUPLH contains a relatively sophisticated criminal enforcement system that
combines with the common law system. In certain cases, there is, for example, criminal strict
liability, namely criminal liability without basing the aspect of 'fault'. Likewise, the
punishment system is not solely based on causality, namely by first proving whether or not
there is a causal relationship between the events, which is called a material offense, but also
based on formal actions that violate the specified article (Aristeus, 2012).
Environmental Law Enforcement System
Environmental law enforcement is closely related to obedience for users and
implementers of laws and regulations, in this case both the community and state
administrators, namely law enforcement. With a signal that the law is obeyed by the
community is a sign of the purpose of its creation regulations are achieved. Law enforcement
that contains compliance does not arise suddenly but through a process formed from the
awareness of every human being to carry out and not carry out according to the existing
regulations.
Environmental law enforcement is related to various aspects that are quite complex,
with the aim of maintaining and creating an environment that can be enjoyed by every human
being in a broad sense without disturbing the environment itself. In capturing the attitude of
irresponsible parties, a form of legislation has been created in the form of laws and various
implementing regulations (Siahaan, 2008).
To realize the objectives of environmental management through the prevention and
control of pollution, an appropriate legal approach strategy is needed in resolving
environmental cases by optimally utilizing the existence of Law Number 32 of 2009
concerning the Environment. As a supporter of the implementation of these rules,
government officials must be involved who correctly understand the implementation and
enforcement of environmental law as a functional law.
Environmental administrative law enforcement has several strategic benefits when
compared to civil and criminal law enforcement. And these strategic benefits, namely:
Administrative law enforcement in the environmental sector can be optimized as a
preventive tool.
Administrative law enforcement (which is preventive in nature) can be more cost-
efficient than criminal and civil law enforcement. Financing for administrative law
enforcement includes the cost of routine field supervision and laboratory testing,
which is cheaper than evidence gathering, field investigations, hiring expert witnesses
to prove causality in criminal and civil cases.
Administrative law enforcement has more ability to invite public participation. Public
participation is carried out starting from the licensing process, monitoring the
arrangement/supervision, and participation in filing objections and asking state
administrative officials to impose administrative sanctions.
An act regulated in environmental criminal law to be declared a criminal offense is
always associated with further regulation in administrative law, because in the formulation of
environmental crimes, an act is declared a criminal offense if it is carried out contrary to
administrative requirements.
The intertwining of criminal law and administrative law in criminal environmental
law, delege lata, is a fact that must be accepted and will make environmental law
enforcement better if it runs in synergy, or become an obstacle if it does not synergize.
According to Alvi Syahrin (2009), the criminal provisions as stipulated in the
UUPLH are intended to protect the environment by providing the threat of criminal
sanctions. The process of handling criminal offenses refers to the criminal procedure law,
namely Law No. 8 of 1981 on the Criminal Procedure Code (hereinafter abbreviated as
KUHAP). The criminal law enforcement process based on KUHAP consists of:
Reporting
Inquiry
Investigation
Prosecution
Trial
Verdict
Implementation and supervision of decisions
Based on the provisions in the Environmental Management Law, it can be said that
the environmental law enforcement system in United States consists of the compliance stage
and the enforcement stage and includes aspects of administrative law, civil law and criminal
law aspects, including aspects of international law. Therefore, the settlement of
environmental cases tends to provide opportunities to question aspects of the four branches of
law.
Environmental law enforcement at the compliance monitoring stage gives a very large
role to local governments that have apparatus from various sectors. In order for the role of the
apparatus in the regions to run effectively, of course, the ability of staff in the regions is
needed through training, the development of adequate data networks, and the establishment
of environmental funds.
Conclusion
Based on the discussion described above, it can be concluded that to realize the
objectives of environmental management through the prevention and control of pollution, an
appropriate legal approach strategy is needed in resolving environmental cases by optimally
utilizing the existence of Law Number 32 of 2009 concerning the Environment. As a
supporter of the implementation of these rules, government officials must be involved who
correctly understand the implementation and enforcement of environmental law as a
functional law. The existence of environmental law has an important role in order to
overcome the various environmental damages that have occurred so far. Not enough with the
rule of law, environmental law enforcement is also an inseparable part in order to provide
environmental protection and management.
