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 .
