LAW ENFORCEMENT ON ENVIROMENTAL CASE PROSECUTION OF DAMAGING THE ENVIRONMENT EXPRESSLY

 LAW ENFORCEMENT ON ENVIROMENTAL CASE

PROSECUTION OF DAMAGING THE ENVIRONMENT EXPRESSLY

I. INTRODUCTION

As a country that is actively doing development, Indonesia has become a magnet for the lucrative developed Countries to invest in Indonesia. It is inevitable that in Indonesia there are still a lot of poverty , which is certainly in need of a way out in the form of job openings .Juoro Umar said , " The expansion of employment opportunities is still an outstanding issue to be tackled to date . Opportunities created by the development has been relatively very small compared with the amount of accumulated labor force who need placement. "With the opening of the vast employment opportunities would require a huge investment and also requires land as a means of making the infrastructure of the new procurement jobs. It certainly requires a comprehensive setting, where land acquisition is certainly going to lead to the possibility of the destruction of the environment. 

In addition an investment vehicle productivity activities , such as factories, also directly or indirectly impact on environmental sustainability .To that required the hard work of the Government , in this case of the Law Enforcement Apparatus for continuously monitoring and prosecution of violations of the movement of the economy means that impact on environmental sustainability.

 
II. POLLUTION AND WASTE AT AROUND

Accumulation of garbage in the river, factory smoke which causes air pollution, blackened puddle of water in rivers, felling trees in the forest and piled garbage on the beach / ocean, are a common sight in Indonesia. Already a plural thing, when people carelessly throw garbage in the river or in any place that is not a trash can. Nor was it a strange thing when we see the smokestacks blackened smoke without filter / filter inside the chimney. Moreover, the behavior of people who smoke in any place .As stipulated in point b Considering Law No. 32 of 2009 on the Protection and Management of the Environment, stated, "The development of the national economy as mandated by the Constitution of the Republic of Indonesia Year 1945 organized by the principles of sustainable development and environmentally sound, "Then it's time we immediately change our behavior in all our country's national development efforts.”

Especially in the current era of globalization, in which capital flows from other countries enter our country and according to Umar Juoro, "Utilization of foreign capital in economic growth support - resistance which is related with obstacles in the savings rate, the limited absorption capability (absorptive capacity) and export - import, "Then the addition will create jobs will also affect much to the preservation of our environment .The development industry requires raw materials and not a little of which is taken from our own environment, such as timber, petroleum and other minerals. 

Processing to get the results of the industry will also affect the state of our environment, ie with the increasing number of factory chimneys that are not equipped with a filter, factory wastes are dumped in rivers and at sea, wastes dumped material the way in the soil backfilled. All of the settings require a more powerful, so that no further burden the state of our environment is damaged. 

Required Environmental Law firm against all forms of violations in all environmental issues, so that we can pass on to our children, a clean environment , healthy and humane , so that future generations would appear that the successor will also appreciate the presence and environmental sustainability. Soerjono Soekanto said, "On the one hand it is true that the law is a means of social control, but on the other hand the law also serves as a means to expedite the process of social interaction (law ​​as facilitation of human interaction). "In addition, as in the case of d Considering the points mentioned" that the environmental quality has been diminishing threaten the survival of life of humans and other living things so we need protection and environmental management seriously and consistently by all stakeholders," the Government issued Law No. 32 of 2009 on the Protection and Environmental Management, replacing Law No. 23 of 1997 on Environmental Management .

With the issuance of Law No. 32 of 2009 on the Protection and Management of the Environment, the expectation of Soerjono Soekanto who said, "The law occupies an essential function in society, especially in the ease or launch a process of social interaction that occurs between individuals, between individuals with and among groups," can occur. It is understandable that in the establishment of a business, especially the business is located in a residential area will get a rejection or opposition from the local community. 

An example is the effort slaughterhouses, where animals barking, animal offal washing company, drying, curing or salting materials of animal and business premises to store or carry blood or animal waste. Every business is going to start his business and the business will have an impact on people's lives and the environment around. It would need to understand and comply with the Act No. 32 of 2009 on the Protection and Management of the Environment. Therefore, any businessmen who will open a business in an area, then the effort will be the opening of the bullet made ​​the existence of an Environmental Impact Analysis. Considering case in point 11 of Law No. 32 of 2009 states "Environmental impact analysis, which is hereinafter referred to as the EIA, is an important study on the impact of a business and / or planned activities on the environment necessary for the decision-making process regarding business and / or activity." Without the EIA , it is feared will happen environmental destruction, as set out in points 16 terms Considering Law No. 32 of 2009, which states, " Environmental damage is an act of people who pose a direct or indirect alteration of the physical, chemical, and / or biological environment that exceeds the standard criteria of environmental damage. "In the current development, then as revealed by Umar Juoro," Hope that was shed in the industrial sector for the success of such a large development in Indonesia, where the development itself is increasingly considered as a dimension of a twin with the central point on growth coincided with equity. " With the increasing number of employment would also improve the welfare of citizens so as expected with the prosperous society, will increase the level of legal awareness citizens, especially in the law enforcement environment. 

As Soerjono Soekanto opinion, "Legal awareness is actually a consciousness or values ​​contained in man of an existing law or of the law that is expected to exist." In environmental management , which is not less important is the management of waste , which as mentioned in points 20 things weight that Act No. 32 of 2009, which states, "Waste is a residue of a business and / or activity." Against this waste requires a special treatment in the form WASTE DUMPING or, as referred to in point 24, which is "dumping (disposal) is the activity of throwing, placing, and / or importing waste and / or materials in an amount, concentration, time, and specific location with specific requirements to certain environmental media. "Ignorance and reluctance to dispose of waste properly, it will be fatal against environmental damage. The existence of waste, either directly or indirectly affect the environment around us, quoting the opinion of Dr. M. Soerjani as stated in the book of John Salendeho that says, "The problem faced was to change the quality of the environmental impact threshold that can or cannot be tolerated, because the face is not a small problem because the heavy and light industrial waste in Indonesia today has reached less over 20,000 industry types, how is tomorrow with changes and developments accelerates so high ? "

III. ENVIRONMENTAL LAW ENFORCEMENT

As we all know that " environmental law is needed and necessary in order to keep the environment and natural resources utilized in accordance with the carrying capacity of the environment 's ability or condition itself. Which is a constraint in the implementation and enforcement of environmental laws, among others, is the difference between the perception among law enforcement agencies to understand and interpret the laws that exist , the cost to handle the completion of the environmental cases is limited, proved to have occurred pollution or environmental destruction is not a job easy, and the last is the lack of public participation, transparency, and democratization in the management of natural resources and the environment. "Many obstacles in the enforcement of environmental laws, such as, that the national development resulted in the growth of the industry both in the form of heavy industry international factories, industrial agriculture, which produces various types of agricultural fertilizers and seeds such as agriculture and light industry. " Home Industry or Industry home-based, all of which will impact the hazardous waste for environmental sustainability.

Therefore we need the courage of the law enforcement authorities to undertake environmental law enforcement for the sake of ensuring a sustainable environment and provide comfort for us all.
Act 23 of 1997 provides three kinds of law enforcement that law enforcement administrative, civil and criminal. Among the three available forms of law enforcement, law enforcement administration is considered as the most important law enforcement efforts. 

This is because the administrative law enforcement is more addressed to the effort to prevent pollution and environmental destruction. In addition, law enforcement administration also aims to punish perpetrators of pollution and environmental destruction. However, the government felt that the rule of law by Act No. 23 of 1997 is still not enough to prevent damage to our environment, so then the government issued Law No. 32 of 2009 on the Protection and Management of the Environment. In Article 2 of Law No. 32 of 2009 mentioned about the principle of the Law No. 32 of 2009, namely: Protection and environmental management carried out by the principle :

a.    State responsibility;

b.    Preservation and sustainability;

c.    Harmony and balance;

d.    Integration;

e.    Benefits;

f.     Prudence;

g.    Justice;

h.    Ecoregions;

i.      Biodiversity;

j.      Polluter pays;

k.    Participatory;

l.      Local wisdom;

m.   Good governance, and . regional autonomy.

While the purpose of the Protection and Management of the Environment, is as set out in Article 3 of Law No. 32 of 2009, which states: Protection and management of the living environment are :

a.    Protect the territory of the Republic of Indonesia of pollution and / or damage to the environment;

b.    Ensure the safety, health, and human life;

c.    Ensure the survival of living beings and ecosystem sustainability;

d.    Preserving the environmental functions;

e.    Achieve harmony, harmony, and balance of the environment;

f.     Ensure the fairness of the present generation and future generations;

g.    Ensure compliance and protection of environmental rights as part of human rights;

h.    Controlling the use of natural resources wisely;

i.      Sustainable development, and anticipate global environmental issues .

Environmental Law Enforcement by Law No. 32 of 2009 is comprised of enforcement oversight, administrative, Lawsuit Civil, Administrative and Criminal lawsuit, all of which require the involvement and participation of the community so that environmental sustainability is maintained. Public participation is stipulated in Article 70 of Law No. 32 of 2009, namely :

(1)  The public has the same rights and opportunities as wide as possible and to play an active role in the protection and management of the environment;

(2)  The role of the community can be:

a.    social control;

b.    provision of advice, opinions, suggestions, objections, complaints , and / orc . delivery of information and / or reports;

(3)  The role of society is made to :

a.    raise awareness in the protection and management of living environment;

b.    increase independence, empowerment, and partnerships;

c.    develop community capacity and initiative;

d.    foster community responsiveness to social supervision, and

e.    develop and maintain the culture and local wisdom in the context of environment conservation.

Where have raised public awareness to participate in preserving the environment around it, it is no longer necessary to have criminal sanctions for environmental vandal. However, the Government still had to tighten licensing for businesses that will open up their business and can have devastating effects on the environment.

Environmental Law Enforcement Supervision manner, as provided in Article 71 through Article 75 of Law No. 32 of 2009, Environmental Law in Administrative enforcement under Article 76 through Article 83 of Law No. 32 of 2009 , enforcement of Environmental Law in Lawsuit civil, set forth in Article 87 through Article 92 of Law No. 32 of 2009, enforcement of Environmental Law in Administrative Claims under Article 93 of Law No. 32 of 2009 , while enforcing Environmental Laws in Criminal regulated in Article 94 through Article 120 Law Number 32 Year 2009 Number .Although Law No. 32 of 2009 has been set up in detail on Enforcement of Environmental Law in Indonesia, but the government's firmness in enforcing environmental law affects the preservation of the environment around us.

IV . CONCLUSION

From the descriptions above, then we can take the following conclusions :

1.  The environment has a huge influence to people's lives;

2.  The development and economic growth in Indonesia , will affect the quality of our environment;

3.  Law No. 32 of 2009 on the Protection and Management of the Environment in lieu of Law Number 23 Year 1997 on Environmental Management , has been set up in detail concerning the protection and enforcement of environmental law in Indonesia;

4.  Governments need firmness and community participation in the efforts of Environmental Law Enforcement .