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INDONESIA
Jurnal Perspektif Hukum
Published by Universitas Harapan Medan
ISSN : 27158888     EISSN : 27165027     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Perspektif Hukum has content in the form of the results of theoretical studies and studies that focus on various legal studies, including : Criminal law Civil Law Procedure Law Customary law Agrarian Law Administrative Law Constitutional Law Human Rights Law Islamic law
Arjuna Subject : Umum - Umum
Articles 73 Documents
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TANTANGAN PENEGAKAN HUKUM LINGKUNGAN INDONESIA TERHADAP PENCEMARAN LIMBAH INDUSTRI DALAM IMPLEMENTASI PRINSIP POLLUTER PAYS HUKUMasi Prinsip Polluter Pays Hukum Silitonga, Saritua; Lubis, Muhammad Dhobit Azhary
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
Publisher : Universitas Harapan Medan

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Abstract

Environmental law enforcement in Indonesia continues to face significant challenges in addressing criminal offenses related to industrial waste pollution. Although the Polluter Pays Principle has been formally incorporated into Indonesia’s environmental legal framework, its practical implementation remains inconsistent and often ineffective in ensuring environmental justice and deterrence. This study aims to examine the enforcement of environmental law in cases of industrial waste pollution by analyzing the extent to which the Polluter Pays Principle is applied within legal and policy discourses. Employing a qualitative approach, this research integrates normative–empirical legal analysis with critical discourse analysis of environmental regulations, court decisions, and policy documents. Data were collected through systematic legal document review and case-based analysis of industrial pollution incidents with criminal and administrative implications. The findings reveal a substantial gap between regulatory norms and enforcement practices, particularly in the allocation of environmental restoration costs to polluters. Moreover, the legal and policy language used in regulatory instruments and judicial reasoning tends to weaken the operational role of the Polluter Pays Principle as a mechanism of environmental accountability. This study underscores the urgency of strengthening environmental law enforcement through regulatory harmonization, consistent sanctioning mechanisms, and the reconstruction of legal discourse toward ecological justice and sustainable development. The results contribute both theoretically and practically to the advancement of environmental governance and law enforcement reform in Indonesia.
PERLINDUNGAN SUNGAI SEBAGAI RUANG EKOLOGIS PUBLIK DALAM PENEGAKAN TINDAK PIDANA LINGKUNGAN Muhammad Dhobit Azhary Lubis; Silitonga, Saritua
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
Publisher : Universitas Harapan Medan

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Abstract

Rivers constitute public ecological spaces that play a strategic role in environmental sustainability and in fulfilling the public’s right to a good and healthy environment. However, in practice, rivers in Indonesia continue to face serious threats from pollution and environmental degradation caused by human activities that are not yet effectively addressed through environmental criminal law enforcement. This study aims to analyze the protection of rivers as public ecological spaces within the framework of environmental criminal law enforcement and to assess its contribution to the fulfillment of the right to a healthy environment. This research employs a normative legal research method using statutory, conceptual, and case-based approaches, particularly through the analysis of court decisions related to river pollution. The findings indicate that, normatively, environmental regulations provide an adequate legal foundation for river protection; nevertheless, their implementation remains constrained by challenges in evidence gathering, the application of corporate criminal liability, and inconsistencies in sentencing practices. The study further reveals that the integration of environmental criminal law enforcement with an ecological restorative approach has significant potential to strengthen river protection and promote ecological recovery. Therefore, this research emphasizes the importance of reinforcing environmental criminal law enforcement as a strategic instrument to safeguard rivers as public ecological spaces and to ensure the public’s right to a good and healthy environment.
TINDAK PIDANA KORUPSI PENYALAHGUNAAN DANA RETRIBUSI SAMPAH DI PERCUT SEI TUAN Studi Putusan No: 94/Pid.Sus.TPK/2022/PN.Mdn Maghfirah Haitami
Jurnal Perspektif Hukum Vol. 6 No. 1 (2025): Juni 2025
Publisher : Universitas Harapan Medan

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Abstract

Corruption is a serious problem that hinders development and harms society. Misuse of waste retribution funds that should be used to improve the quality of waste management services is often allocated in a non-transparent and unaccountable manner, resulting in significant losses for society and the environment. Waste retribution, which should be used to improve the quality of waste management services, is often allocated in a non-transparent and unaccountable manner. This study examines corruption in Indonesia using a normative legal research method, which focuses on the analysis of legal norms governing the eradication of corruption. The implementation of the law often faces various challenges, including the lack of coordination between law enforcement agencies, complex bureaucracy, and the ongoing culture of impunity. This study concludes that the provisions for criminalizing corruption in Indonesia, as regulated in Law No. 31 of 1999, provide an important legal framework for eradicating corruption. The implementation of the corruption law faces various challenges, including the lack of synergy between law enforcement agencies and a complex bureaucracy. Analysis of the misuse of retribution funds shows that Corruption in the management of funds harms society and worsens the quality of public services. The effectiveness of criminalizing corruption requires reforms that include increasing the capacity of law enforcement agencies, strengthening oversight mechanisms, and public education regarding participation in preventing corruption.

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