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Sunariyo
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Journal : Awang Long Law Review

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THE EFFECTS OF CRIMINAL LAW ON LEGAL SUBJECTS OF WASTE MANAGEMENT THAT DAMAGES THE ENVIRONMENT Sunariyo; Hasibuan, Imelda
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1183

Abstract

Article 28H of the 1945 Constitution of the Republic of Indonesia establishes constitutional and human rights for all citizens, outlining principles for managing the environment. These principles include state responsibility, justice, and sustainability. Despite the constitutional emphasis on the right to a good and healthy environment, environmental crimes are prevalent in Indonesia, particularly where companies dispose of waste directly into rivers, leading to pollution. While Article 28H, paragraph (1) underscores the right of individuals to live prosperously in a physically and mentally healthy environment, the reality contradicts these rights. Business activities in certain regions, especially along rivers, do not align with these principles. The prevalent criminal acts often involve improper waste disposal into rivers, causing environmental degradation. It is essential to consider Law No. 32 of 2009 on Environmental Protection and Management to tackle these challenges. According to Article 1, 14 of this legislation, environmental pollution is defined as human activities leading to the introduction or involvement of living beings, substances, energy, or other environmental elements, exceeding the quality standards set for environmental conditions. This study employs a normative juridical research method that incorporates three distinct approaches. The first approach is the statutory approach, involving a thorough examination of legal regulations relevant to the central focus of the research. The second approach, the conceptual approach, involves comprehending the legal concepts that underlie the research, including the values ​​inherent in the norms. Lastly, the case approach analyzes legal norms or principles applicable to Environmental Criminal Offenses, encompassing regulations, accountability, and possible legal consequences. Environmental pollution can be explained based on Article 1, number 14 of Law No. 32 of 2009 concerning Environmental Protection and Management.
THE EFFECTS OF CRIMINAL LAW ON LEGAL SUBJECTS OF WASTE MANAGEMENT THAT DAMAGES THE ENVIRONMENT Sunariyo; Hasibuan, Imelda
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1183

Abstract

Article 28H of the 1945 Constitution of the Republic of Indonesia establishes constitutional and human rights for all citizens, outlining principles for managing the environment. These principles include state responsibility, justice, and sustainability. Despite the constitutional emphasis on the right to a good and healthy environment, environmental crimes are prevalent in Indonesia, particularly where companies dispose of waste directly into rivers, leading to pollution. While Article 28H, paragraph (1) underscores the right of individuals to live prosperously in a physically and mentally healthy environment, the reality contradicts these rights. Business activities in certain regions, especially along rivers, do not align with these principles. The prevalent criminal acts often involve improper waste disposal into rivers, causing environmental degradation. It is essential to consider Law No. 32 of 2009 on Environmental Protection and Management to tackle these challenges. According to Article 1, 14 of this legislation, environmental pollution is defined as human activities leading to the introduction or involvement of living beings, substances, energy, or other environmental elements, exceeding the quality standards set for environmental conditions. This study employs a normative juridical research method that incorporates three distinct approaches. The first approach is the statutory approach, involving a thorough examination of legal regulations relevant to the central focus of the research. The second approach, the conceptual approach, involves comprehending the legal concepts that underlie the research, including the values ​​inherent in the norms. Lastly, the case approach analyzes legal norms or principles applicable to Environmental Criminal Offenses, encompassing regulations, accountability, and possible legal consequences. Environmental pollution can be explained based on Article 1, number 14 of Law No. 32 of 2009 concerning Environmental Protection and Management.
Co-Authors A Halim Achmad Nazril Anggie Selviana Aswin Zulfahmi, Aswin Bayu Prasetyo, Bayu Cindy Eka Amalia Clara Ridha Nur Sinta Dian Ardianti Diana Rosmawati Elvina Elvina Windy Oktavia Fajar Romadhon Hasanah Ina Hasibuan, Imelda Heni Wardana Ikhwanul Muslim Karno, Novyra Fitriany Lestari, Neneng Lilis Mela Meliani Muhammad Wahyudi Nabila Ratu Adelia Nafsyiah Fadhilah Najwa Rofifah Narendra Pirmansyah Al Buchory Nasywa Kayla Nayla Meydina Yasmine Nazwa Anabella Nur Rahmayani Mukhlis Nurhalisa Olga Luthfia Andani Rahma L Nafsyiah Fadhilah Rahma, Rahmawati Bakhri Rama Afriza Laksana P Rico Anggara Eddiyatama Putra Risna Rizki Juliana Sahara Safar Nasa Safira Nur Apriliani Sahbila Salwa Salsabila Aulia Ridwan Sherly Kartika Devi Sherny Denisa Sari Shevira Amelia Putri Uut Rahayuningsih Yulianingrum, Aullia Vivi