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Dhea Ifanda Mantali; Fenty Puluhulawa; Suwitno Yutye Imran

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article aims to determine the role of Law of the Republic of Indonesia No. 32 of 2009 concerning environmental protection and management towards the environment in Tambo'o Village which is experiencing environmental damage and pollution. This article also examines the factors that hinder the implementation of environmental pollution sanctions due to coconut shell burning and the implementation of criminal sanctions for environmental pollution according to Law Number 32 of 2009. In this study, the author uses an empirical legal research method. Namely by directly observing the field to obtain data related to coconut shell burning in Tambo'o Village. This study uses a descriptive approach in analyzing the data obtained. This study was conducted with residents who were selected purposively (sampling). The results of this study indicate that the role of Law of the Republic of Indonesia No. 32 of 2009 concerning environmental protection and management towards the environment in Tambo'o Village has not run according to expectations. And the factors that hinder the implementation of sanctions are due to weak law enforcement and suboptimal law enforcement. Many complaints from residents about the condition of their environment that has been polluted by smoke produced from burning coconut shells and the perpetrators have never been sanctioned by the government because of the lack of community and government participation in reporting cases of environmental pollution around them. The resolution of the deliberation is not good and stops there.    

Mifta Huljana Usman; Nirwan Junus; Julius T. Mandjo

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

  This journal discusses the influence of external and internal factors on delays in implementing environmental pollution approval and control at PT Royal Coconut. Through a case analysis approach, this research explores the impact of factors such as changes in environmental regulations, public pressure, and internal company policies on the timing of environmental approval implementation. We also consider internal organizational factors, such as risk management, corporate commitment, and technical capacity in the context of pollution control. This research explores the complex interactions between these factors and their impact on the implementation process of environmental agreements, providing in-depth insights for practitioners, policy makers and researchers interested in the field of industrial environmental management. Based on the research results, it shows that the basis for evaluating the implementation of environmental pollution control at PT Royal Coconut in West Limboto District is not in accordance with the approval, when viewed from Article 1338 of the Civil Code. The research results show non- compliance in the implementation of the agreement, which includes environmental violations and non- compliance with agreed obligations. In addition, there are several identified problems related to factors inhibiting the implementation of environmental pollution control agreements originating from internal and external factors of the company. such as, lack of legal and ethical awareness in business, lack of awareness of the impact of environmental pollution, lack of government education with the community regarding the dangers posed by factory waste, and lack of openness between the community and the management of PT Royal Coconut. So in realizing implementation it must require participation from the community and local government.

Mutawakkil Ibnu Arif; Mohamad Rusdiyanto U. Puluhulawa; Nuvazria Achir

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The aim of this research is to provide a clear picture of the handling of criminal acts of environmental pollution in waste processing at PT Royal Coconut Gorontalo.This research uses empirical legal research methods. Empirical legal studies themselves are studies that view law as reality, including social reality, cultural reality, and empirical studies of the world. This research took place at the Environment and Forestry Service of Gorontalo Province. The results of this research show that: Handling criminal acts of environmental pollution in waste processing at PT Royal Coconut Gorontalo has not been handled properly and correctly. Good and correct handling has not been implemented due to internal factors such as communication, supervision, individual, financial and others, as well as external factors such as community factors, law enforcement, culture, advice and infrastructure. Ineffective handling can have an impact on society. Waste from processing is very dangerous when it pollutes residents' areas, the impact that can be felt by the community is contracting disease and can even cause death if it is not handled according to waste processing procedures. Law enforcement against environmental pollution which triggers criminal acts in Gorontalo Province has not been implemented properly. This is due to several factors that have not been fulfilled optimally. This can be seen from various factors such as law enforcement not being optimal in terms of a persuasive approach, inadequate facilities and infrastructure with limited human resources, as well as community habits and culture which consider environmental pollution to be a normal and common occurrence.