Implications of Renewal in Enforcement of Environmental Law in Indonesia Through Criminal Sanctions as the Ultimum Remedium Post Omnibus Law

Abstract

The change of criminal sanction scheme from primum remedium to ultimum remedium after the passage of the Omnibus Law, brought a new impact on environmental law in Indonesia. Because, according to some parties, this change can improve the investment climate in Indonesia, but on the other hand it considers this as a step in weakening environmental law enforcement in Indonesia. This type of research uses the method of Juridical-normative approach that will be analyzed in a qualitative descriptive in reviewing and analyzing the enforcement of Environmental Law in Indonesia through the change of criminal sanctions into ultimum remedium in the Omnibus law. Environmental law enforcement scheme that prioritizes administrative sanctions over criminal sanctions raises a problem for this country, because criminal sanctions are still seen as one of the most appropriate sanctions in reducing the level of destruction and environmental problems that occur in Indonesia. This is inseparable from the enforcement of Environmental Law as an important aspect in maintaining environmental sustainability in accordance with the mandate of the Constitution.