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All Journal Reformasi Hukum
Saufika, Tutu Sara
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Law, Crime, Criminology & Criminal Justice

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Implications of ‘Polluter Pays Principle' in Criminal Liability of Business Actors for Environmental Pollution through Wastewater Nugroho, Mikael Adrian Tri; Salsabilla, Tengku Marisha Alda; Saufika, Tutu Sara; Manihuruk, Tri Novita Sari; Yusuf DM, Mohammad
Reformasi Hukum Vol 28 No 1 (2024): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i1.932

Abstract

The Polluter Pays Principle (PPP) underlies the liability of business actors related to environmental pollution through wastewater. The problem is how this principle is applied in enforcing the law against perpetrators who pollute the environment through industrial activities. This paper aims to analyze the implications and urgency of PPP implementation in the legal liability of business actors for environmental pollution through wastewater. The research method used is normative legal research. The results show that implementing PPP related to environmental pollution through wastewater in law enforcement has significant implications in criminal law. This principle encourages the responsibility of businesses for the waste generated from their activities, forcing them to consider the cost of restoring the environment and cleaning up the impacts caused by the waste. Although Law No. 32/2009 on Environmental Protection and Management provides a strong legal foundation, there are obstacles to implementing PPP, such as the legal process's length and the high proof level. To address this, legal reforms are needed that speed up the legal process, increase the capacity of law enforcement agencies, and establish clear guidelines for determining proportional sanctions
Co-Authors Manihuruk, Tri Novita Sari Nugroho, Mikael Adrian Tri Salsabilla, Tengku Marisha Alda Yusuf DM, Mohammad