Study of Criminal Sanctions for Environmental Pollution and/or Damage

  • Farahwati Farahwati Lecturer at the Faculty of Law, University of 17 August 1945 Samarinda, Indonesia
Keywords: Criminal Sanctions, Environmental Pollution and Damage

Abstract

Environmental pollution and damage due to forest fires in Indonesia is a quite serious problem. Therefore, there is a need for law enforcement efforts which have an important role. Law enforcement can be used as a rule to overcome environmental problems guided by Law Number 32 of 2009 concerning Environmental Management and Protection. The development of environmental crime modes that can endanger and damage the environment is a challenge for the government to create a healthy and clean environment. There is still weak enforcement of environmental criminal law against perpetrators of environmental pollution and destruction. This research aims to examine/analyze criminal sanctions against perpetrators of environmental pollution and/or damage. The research method used is a normative legal research method that uses a library approach. The data sources used are secondary data sources consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The research results show that Criminal law regulations for environmental crimes aim to prevent environmental damage and/or pollution. Law enforcement in environmental matters is regulated in environmental law. Environmental law is a juridical rule for every environmental management and protection. The existence of law enforcement efforts that can be carried out to prepare for the challenge of environmental degradation which is getting worse every day is very important. Law Number 32 of 2009 concerning Environmental Protection and Management, aims as an effort to overcome it or as a guideline for human behavior towards the environment. Crimes against the environment must be implemented from the aspect of criminalization policy, the aspect of criminal responsibility and the aspect of punishment. Aspects of punishment in environmental criminal law include the formulation of minimum and maximum sanctions in the provisions of the articles. Law enforcement officers to be able to understand the meaning contained therein.

Published
2023-12-20
How to Cite
Farahwati, F. (2023). Study of Criminal Sanctions for Environmental Pollution and/or Damage. International Journal of Social Science Research and Review, 6(12), 249-261. https://doi.org/10.47814/ijssrr.v6i12.1795