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Sri Yunita; Mita Agresia Gurning; Nazwa Azzahra; Eka Guspi Anti Siregar; Tien Parsaulian Hutagalung +1 more

International Journal of Studies in International Education 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

In carrying out economic development in Indonesia, it has an impact on the rampant environmental damage which means the rampant environmental crimes that occur in Indonesia. Basically, these development activities contain the risk of environmental pollution and damage. Lack of supervision of environmental management permits by authorized agencies, law enforcement officers who are less than optimal in enforcing environmental law and weak criminal sanctions and compensation applied to business actors who violate, cause a lack of deterrent effect on business actors who violate. In addition, the desire of business actors who only prioritize profit and do not care about environmental recovery by ignoring the management of solid waste of Hazardous and Toxic Materials (B3) which can have a fatal impact on the environment. Management of hazardous and toxic waste (B3) in Indonesia is guided by Government Regulation Number 101 of 2014 concerning Management of Hazardous and Toxic Waste (B3) and Law Number 32 of 2009 concerning Environmental Protection and Management. B3 waste is a waste or waste whose nature and concentration contain toxic and hazardous substances so that directly or indirectly it can damage the environment, disrupt health, and threaten the survival of humans and other organisms. B3 waste is not only produced from industrial activities but household activities can produce several types of this waste. The method used is normative legal research by examining the regulations and laws that regulate it. This study aims to determine the relationship between positive legal regulations and the problem of B3 waste and how to overcome this B3 waste so that the environment is maintained.    

Yudha Yosephine Tambunan; Aditia Sinaga; Muhammad Rafli Firdausi

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

In today's criminal justice discourse, restorative justice has gained traction. A restorative justice system has been included into the institutional policy of several law enforcement agencies. Additionally, it is included in the 2020–2024 National Medium-Term Development Plan (RPJMN). Since restorative justice is beneficial to and compatible with environmental conservation, it has also been developed in the field of environmental law. In light of this, the present study examines restorative justice as a broad idea within the context of Indonesian environmental legislation. This paper also highlights issues and considers critically whether the normative juridical approach of restorative justice may be used to address environmental crimes.

Dekky Tiara Pra Setia; Markoni Markoni; Wasis Susetio; I Made Kanthika

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Environmental damage in Indonesia is getting worse day by day. This condition has directly threatened human life. Environmental law enforcement is an action and/or process of coercion to comply with the law which is based on the provisions of statutory regulations. The aim of this research is to analyze efforts to resolve cases against corporations that damage the environment in Indonesia. Case Study Batam District Court Decision Number 932/Pid.Sus/2020/PN Btm. The method used in this research is normative juridical, namely library legal research carried out by examining library materials or secondary data. The results of his research are that law enforcement against corporations that damage the environment can be subject to criminal sanctions, administrative sanctions, and civil lawsuits can also be filed by the government. This is regulated in Law Number 32 of 2009 concerning Environmental Protection and Management. The criminal sanctions received by PT. Kayla Alam Sentosa, who has intentionally committed an act that results in exceeding the Standard Criteria for Environmental Damage, is subject to a fine of Rp. 6,000,000,000,- (six billion rupiah). The conclusion is that criminal liability for corporations as perpetrators of environmental crimes is also subject to criminal penalties, apart from criminal penalties, they can also be subject to administrative sanctions, namely in the form of revocation of business permits. If it is deemed that the impact of environmental damage is greater than the criminal fine imposed, the corporation can also be sued civilly.

Suryani Alawiyah; Irwan Triadi

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The seriousness of the Indonesian government in paying attention to the environment is manifested in the existence of Law Number 32 of 2009 concerning Environmental Management by regulating criminal liability for corporate legal subjects subject to criminal penalties. This is because many environmental crimes are committed by corporations and may also be carried out by corporate shareholders as policy controllers of a corporation. Against the background of environmental criminal acts which are often committed by corporations and even shareholders are also involved in these criminal acts, this article aims to provide an illustration that shareholders can also be given criminal sanctions. The method used in this research is normative juridical with a literature study approach. The results of this research explain that corporations that commit environmental crimes are clearly regulated in Law Number 32 of 2009 so that criminal sanctions can be given to provide deterrence to corporate perpetrators, but for corporate shareholders involved it is not yet explicitly regulated in Law Number 32 of 2009. 2009 because they have not adopted the Piercing the corporate veil doctrine and the alter ego doctrine as in Law Number 40 of 2007 concerning Limited Liability Companies in article 3 paragraph (2) which eliminates the immunity rights of shareholders so that they can be punished.