Mubarok, Nafi (2019) Penegakan Hukum Pidana Lingkungan di Indonesia. Al-Jinayah: Jurnal Hukum Pidana Islam, 5 (1): 1. pp. 1-29. ISSN p-ISSN: 2460-5565 e-ISSN: 2503-1058
4 1 a Penegakan Hukum Pidana Lingkungan.pdf - Published Version
Available under License Creative Commons Attribution Non-commercial.
Download (144kB)
Abstract
The definition of environmental crime is to pollute and damage the environment, as stipulated in 98-115 UUPPLH. In UUPPLH there are two principles in the use of criminal law facilities, namely as ulmitimum remedium and remedium premium. Whereas in its formulation, there are formal criminal and material criminal acts, even formal and material ones, namely Article 98 paragraph (2), (3) and article 99 paragraph (2), (3) UUPPLH. Criminal Law Subjects in UUPPLH are individuals, legal entities and environmental officials. Enforcement of criminal law in the field of environment in Indonesia is currently not in line with community expectations. Judging from the legal structure, because (1) judicial products are not sensitive to environmental crisis and sense of justice, (2) weakness in terms of law enforcement infrastructure, (3) environmental officials who commit environmental crimes in various forms, and (4) failure of government bureaucracy because it is insensitive to ecological premises. As for the substance of the law, because horizontally there are many policies that overlap and do not take sides with the interests of the environment, both in formulation and in its application. For legal culture, because (1) there are perceptions from law enforcement officials that environmental cases are ordinary cases, (2) still poor legal culture, (3) lack of socialization to the public regarding environmental law, and (4) economic downturn
Item Type: | Article |
---|---|
Creators: | Creators Email ["eprint_fieldname_creators_NIDN" not defined] Mubarok, Nafi nafi.mubarok@uinsby.ac.id 2014047401 |
Uncontrolled Keywords: | Environmental criminal law; Indonesia; environmental protection and management |
Subjects: | 18 LAW AND LEGAL STUDIES > 1801 Law > 180111 Environmental and Natural Resources Law |
Divisions: | Karya Ilmiah > Artikel |
Depositing User: | Dr. Nafi Mubarok |
Date Deposited: | 31 Mar 2023 04:08 |
Last Modified: | 31 Mar 2023 04:08 |
URI: | http://repository.uinsa.ac.id/id/eprint/2919 |