scholarly journals ADMINISTRATIVE SANCTION IN ENVIRONMENTAL LAW

2018 ◽  
Vol 6 (6) ◽  
pp. 22-37
Author(s):  
H. Bachrul Amiq
Keyword(s):  
Law Enforcement ◽  
Environmental Pollution ◽  
Environmental Law ◽  
Administrative Law ◽  
Environmental Laws ◽  
Legal Norms ◽  
The Public ◽  
Administrative Sanction ◽  
Administrative Sanctions ◽  
Better Than

Enforcement of administrative sanctions is part of the enforcement of administrative environmental laws. Law enforcement of the administrative environment itself can be done in a preventive and repressive manner. Administrative law enforcement that is preventive is done through supervision, while repressive law enforcement is done through the application of administrative sanctions. Supervision and application of administrative sanctions aims to achieve the adherence of the public to the legal norms of the administrative environment. Good supervision as part of preventive environmental law enforcement will prevent the violation of administrative law norms. Thus, environmental pollution resulting from such breaches can be avoided. This is better than the enforcement of repressive administrative sanctions after the offense. However, it does not mean that the review of enforcement of administrative sanctions is unimportant.

scholarly journals HUKUM LINGKUNGAN EFFEKTIVITAS SANKSI PIDANA DALAM PENEGAKAN HUKUM LINGKUNGAN

2020 ◽  
Vol 1 (2) ◽  
pp. 139-148
Author(s):  
Sahat Maruli Tua Situmeang
Keyword(s):  
Research Method ◽  
Environmental Law ◽  
Administrative Law ◽  
Environmental Crime ◽  
Environmental Laws ◽  
Legal Norms ◽  
Criminal Sanctions ◽  
Administrative Sanctions ◽  
Careful Assessment ◽  
Environmental Crimes

ABSTRACT   Application sanctions for the perpetrators of environmental crime whether committed by individuals and carried out by the corporation can be executed by means of administrative law, civil law or through criminal law. Of some sanctions in its application should be through a thorough and careful assessment in accordance with the characteristics, objectives and benefits of the application of sanctions. In this study, the authors conducted a study on the application of sanctions for perpetrators of environmental crimes, either in the form of administrative sanctions, and sanctions in the form of a court decision which is done through a civil action or criminal sanctions proposed by puitusan court investigator, so they will know particularly the effectiveness of any sanctions to be imposed criminal sanctions against the perpetrators of environmental crimes. The research method used in this research using normative juridical research method, by studying legal norms that exist that can be used as a guide for the implementation of laws that already exist. Through this study, the researcher has an opinion that the sanctions that are considered most effective to be applied to the perpetrators of environmental crime and the enforcement of environmental laws, namely by means of administrative law with the form of sanctions to freeze and / or revoke the business license of each corporation who have committed crimes environment.   Keywords: Environmental Crimes, Penalties Law, Environmental Law Enforcement   ABSTRAK   Penegakan hukum bagi para pelaku kejahatan lingkungan hidup telah diatur dalam bentuk sanksi sebagaimana yang telah dimuat dalam Undang-undang Nomor 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan Hidup.  Penerapakan sanksi bagi para pelaku kejahatan lingkungan hidup  baik yang dilakukan oleh perorangan maupun yang diakukan oleh korporasi dapat dijalankan melalui sarana hukum adminstrasi, hukum perdata maupun melalui hukum pidana. Dari beberapa sanksi yang telah diatur dalam Undang-undang Nomor 32 Tahun 2009 tersebut dalam penerapannya haruslah melalui suatu kajian secara seksama dan cermat sesuai dengan karakteristik, tujuan dan manfaat dari penerapan sanksi tersebut. Penelitian ini bertujuan untuk mengetahui efektifitas dari suatu sanksi, terlebih sanksi pidana yang akan dijatuhkan terhadap para pelaku kejahatan lingkungan hidup melalui metode penelitian yuridis normatif,  yaitu dengan mempelajari norma-norma hukum yang ada yang dapat digunakan sebagai suatu  panduan untuk terlaksananya undang-undang yang telah ada. Melalui penelitian ini, peneliti  memiliki suatu pendapat bahwa penerapan sanksi yang dianggap paling effektif  untuk diterapkan bagi para pelaku kejahatan lingkungan hidup dan dalam rangka penegakan hukum lingkungan yaitu melalui sarana hukum administrasi dengan bentuk sanksi membekukan dan/atau mencabut ijin usaha setiap korporasi yang melakukan kejahatan lingkungan. Kata kunci : Kejahatan Lingkungan Hidup, Sanksi Hukum, Penegakan Hukum Lingkungan

scholarly journals Administrative Law Aspects of Bringing Employees of Prosecution Authorities to Disciplinary Liability

2020 ◽  
Vol 12 ◽  
pp. 59-61
Author(s):  
Vladilen V. Strelnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Administrative Law ◽  
Practical Implementation ◽  
Scientific Article ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
The Public ◽  
Legal Documents

The scientific article analyses issues related to the practical implementation of legal norms governing the procedure for disciplinary liability of prosecutors. A theoretical analysis of the interpretations of disciplinary responsibility in the public service formulated by leading legal scholars was carried out. A comparative legal analysis has been carried out of the regulations governing the procedure for the imposition of disciplinary penalties in State bodies, including law enforcement agencies and the legal documents governing these issues in the prosecutor’s office.

scholarly journals IMPLIKASI POLITIK KEBIJAKAN HUKUM PIDANA DALAM UUPLH

2018 ◽  
Vol 25 (2) ◽  
pp. 147
Author(s):  
David Aprizon Putra
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Code ◽  
Administrative Law ◽  
Political Elites ◽  
Political Choice ◽  
Environmental Laws ◽  
Set Up

Political Law is one of the discourses that control the existence of law.One of the realm of law that has recently received the spotlight and serious attention. Particularly related to the legal political option is the environment law that increasingly strong day include criminal law enforcement in law enforcement. There are some weak things that then have negative implications, against the enforcement of environmental laws related to the lack of cautious political choice. Since 1982 in Law No. 4 of 1982 on the Principles of Environmental Management which was changed in 1997 into Law No. 27 of 1997 on Environmental Management, the legal politics of criminal law policy has been conducted, that the criminal law policy in the realm of the environment is already a choice of legal politics in the realm of environmental law. Law Number 32 Year 2009 About PPLH as the latest generation, adds Chapter XV of the Criminal Code in its charge of 23 Articles. Law Number 32 Year 2009 contains a much more complete criminal provision than Law Number 23 Year 1997. Although there is still much to be fixed on the provisions of Law Number 32 Year 2009. Base on research shows that there are special procedural laws that regulate formal law enforcement. It is based on the principle of ultimum remedium which means that the implementation of the criminal law must wait until the effectiveness of administrative law is upheld. To minimize obstacles in enforcing environmental laws which are sometimes used by political elites to seek profit, formal laws against environmental crimes should be set up specifically with the Act.

scholarly journals PENERAPAN ASAS ULTIMUM REMEDIUM DALAM PENEGAKAN HUKUM PIDANA LINGKUNGAN HIDUP

2019 ◽  
Vol 3 (1) ◽  
pp. 15-22
Author(s):  
Imam Budi Santoso ◽  
Taun Taun
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Water Quality Standards ◽  
Environmental Laws ◽  
Administrative Sanction ◽  
Principle Of Legality

The enforcement of environmental law in Indonesia today is growing , environmental laws and regulations are continuously equipped for sustainable development. But, enforcement of environmental law is still not as expected, in environmental law enforcement there are several ways of settlement that must be taken, administratively, alternatives dispute resolution and criminal law, but in criminal law enforcement regulated in Article 100 paragraph (2) of Law Number 32 Year 2009 on Environmental Protection and Management, criminal acts can only be applied if the administrative sanction is not complied with or violation is more than one time, then in explanation point 6 of Law Number 32 Year 2009 on Environmental Protection and Management, enforcement of environmental criminal law should pay attention to the principle of ultimum remedium which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful, and the application of the ultimum remedium principle applies only to certain offensive crimes, namely the prosecution of violations of waste water quality standards, emissions, and disturbances. However, if it is related to the legality principle contained in Article 1 paragraph (1) of the Criminal Code and the basis of criminal abrogation, the ultimum remedium principle is contradictory, criminal law should continue based on the principle of legality and stopped by the ultimum remedium principle on the basis of criminal sanction, whereas the basis of criminal abrogation has been clearly defined in the Criminal Code.

scholarly journals Normative and individual acts as tools of public administration activity in the field of television and radio broadcasting

2021 ◽  
pp. 65-70
Author(s):  
A. Kalimbet ◽  
M. Sidor
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Public Interest ◽  
Administrative Law ◽  
Repeated Application ◽  
Legal Norms ◽  
The Public ◽  
Current Trends ◽  
Radio Broadcasting ◽  
Life Circumstances

Normative and individual acts as tools of public administration activity in the field of television and radio broadcasting The article highlights the essence of normative and individual acts of subject of public administration used in the field of television and radio broadcasting. Emphasis is placed on the need to take into account current trends in national legislation and the views of European scholars on the transformation of the institution of forms of government in the institution of tools of public administration. It is noted that the administrative actions of subject of public administration aimed at ensuring the public interest can take a variety of external forms, and thus take the form of tools of public administration. The general features of public administration tools are singled out, among which: competence of subject of public administration, standardized form, possibility of appeal; as well as a comparative characterization between normative and administrative acts as tools of public administration, the main difference of which is determined by the range of persons covered by the act and the possibility of its repeated application. It is necessary to issue regulations by subjects of public administration in the field of television, which is a by-law that aims to decipher the abstract provisions of laws and give them a specific and holistic content. It was found that the issuance of regulations is an effective operational way to regulate the dynamic legal relations in this area. It is determined that the result of consideration and resolution of administrative cases in a certain order, which arise during the implementation of the relevant subjects, public administration in the field of television and radio broadcasting is the adoption of individual acts, which in turn are the basis for the emergence, change and termination of administrative legal relations in the field of television and radio broadcasting. Attention is paid to the fact that administrative law enforcement as a form of activity of subject of public administration in the field of television and radio broadcasting is aimed at individualization of legal norms in relation to specific subjects and specific life circumstances. Such activity is characterized by the issuance of individual acts, which is the result of consideration and resolution of administrative cases opened in a certain order.

scholarly journals Deconstruction of the ultimum remedium basic concept on protection and management tropical biodiversity

2021 ◽  
Vol 912 (1) ◽  
pp. 012045
Author(s):  
D K Dewi ◽  
A Syahrin ◽  
Suhaidi ◽  
M Ekaputra ◽  
T A D Putra
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Environmental Law ◽  
Administrative Law ◽  
Deterrent Effect ◽  
Water Quality Standards ◽  
Legal Research ◽  
Tropical Biodiversity ◽  
Biological Potential ◽  
Administrative Sanctions

Abstract The biological potential in Indonesia is no longer managed and protected. So far Indonesia has had biologically related laws and regulations, but its implementation is still weak and less effective. Therefore, Law No. 32 of 2009 on Environmental Protection and Management or called UUPPLH mentioned the management and protection of biodiversity based UUPPLH namely two principles in law of criminal provision, the principle of remedium ultimum which is an effort, and the principle of premium remedium that takes care of the law. So far many mistakes in interpreting the application of the principle of remedium ultimum which is said to make it difficult for law enforcement to enforce environmental criminal laws and can shackle law enforcements in carrying out task of environmental law enforcement. In addition, it is also said that the principle of remedium ultimum can also harm the environment due to violations of waste water quality standards, emissions, and disturbances that take precedence is the administration of administrative sanctions, meaning that there is no deterrent effect on perpetrators. Therefore, it is necessary to deconstruct the principle of remedium ultimum in the proper enforcement of environmental criminal law including structuring and enforcement (compliance) which can also be a view of criminal law that can be used as an instrument in the framework of protection and management of tropical biodiversity, especially the environment and can bring consequences for the intertwining of criminal law with administrative law. The results of the research are based on UUPPLH that can protect biodiversity by Indonesia and reconstruct the principle of ultimum remedium in environmental law. Research methods using normative legal research on philosophical.

scholarly journals PENERAPAN ASAS ULTIMUM REMEDIUM DALAM PENEGAKAN HUKUM PIDANA LINGKUNGAN HIDUP

2018 ◽  
Vol 3 (1) ◽  
pp. 15-22
Author(s):  
Imam Budi Santoso ◽  
Taun Taun
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Water Quality Standards ◽  
Environmental Laws ◽  
Administrative Sanction ◽  
Principle Of Legality

The enforcement of environmental law in Indonesia today is growing , environmental laws and regulations are continuously equipped for sustainable development. But, enforcement of environmental law is still not as expected, in environmental law enforcement there are several ways of settlement that must be taken, administratively, alternatives dispute resolution and criminal law, but in criminal law enforcement regulated in Article 100 paragraph (2) of Law Number 32 Year 2009 on Environmental Protection and Management, criminal acts can only be applied if the administrative sanction is not complied with or violation is more than one time, then in explanation point 6 of Law Number 32 Year 2009 on Environmental Protection and Management, enforcement of environmental criminal law should pay attention to the principle of ultimum remedium which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful, and the application of the ultimum remedium principle applies only to certain offensive crimes, namely the prosecution of violations of waste water quality standards, emissions, and disturbances. However, if it is related to the legality principle contained in Article 1 paragraph (1) of the Criminal Code and the basis of criminal abrogation, the ultimum remedium principle is contradictory, criminal law should continue based on the principle of legality and stopped by the ultimum remedium principle on the basis of criminal sanction, whereas the basis of criminal abrogation has been clearly defined in the Criminal Code.

scholarly journals SINERGI PELAKSANAAN PENEGAKAN HUKUM LINGKUNGAN INDONESIA

2014 ◽  
Vol 3 (3) ◽  
pp. 237
Author(s):  
Eka Merdekawati Djafar
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Environmental Law ◽  
Law Enforcement Officers ◽  
Law Enforcement Agencies ◽  
Environmental Laws ◽  
The Public ◽  
The Creation ◽  
The Law

Enforcement of environmental laws is expected to be carried out in synergy by law officers who are scattered in various law enforcement agencies in general and particularly in relation to environmental management. Understanding of the substance of environmental law should not be done partially adherence to environmental laws, both by the public and law enforcement officers itself so to create a legal substance is completely and thoroughly that understanding can be removed to the sectoral legislation. Likewise strongly support the creation of culture law enforcement of environmental law implementation synergies among law enforcement officers. It is intended that the law enforcement agencies have the same perception of the implementation of environmental law enforcement. Keyword : “ Law enforcement” and “ Environmental Law”

scholarly journals Aspek Hukum dalam Penyelenggaraan Bisnis Perhotelan

2020 ◽  
Vol 20 (3) ◽  
pp. 1033
Author(s):  
Hernawati RAS ◽  
Dani Durahman
Keyword(s):  
Law Enforcement ◽  
Environmental Law ◽  
National Development ◽  
Environmental Issues ◽  
Law Reform ◽  
Legal Certainty ◽  
Criminal Sanctions ◽  
Consumer Rights ◽  
Hospitality Business ◽  
Administrative Sanctions

The development of the law as part of a national development known as law reform is carried out thoroughly and integratedly. The hospitality business is growing rapidly as the economy develops, within the restrictions on the scope of the Hotel's business, there is a legal device that regulates the permit and protection of consumers. Hospitality businesses that do not have amdal permits Environmental law enforcement can be done by sanctioning administrative sanctions. Administrative sanctions, settlement of environmental issues outside the court and even criminal sanctions have been stipulated in Law No. 32 of 2009. The aspect of protection to Hospitality Consumers must be in accordance with the provisions of Law No. 8 of 1999, hospitality business must provide legal certainty in providing protection to consumers where currently there are still many hotels that do not provide information about consumer rights and obligations and the development of social responsibility (social responsebility). 

scholarly journals Administrative Sanction Decisions, the More Favorable Law Application and Trust on Judiciary

2020 ◽  
Author(s):  
Gürsel Özkan
Keyword(s):  
Criminal Law ◽  
Administrative Law ◽  
Constitutional Court ◽  
Criminal Offence ◽  
Administrative Act ◽  
The Law ◽  
Administrative Sanction ◽  
Set Up ◽  
Council Of State ◽  
Administrative Sanctions

In terms of administrative sanctions, application of the more favorable law means that when the law in force the time an act was committed and a law subsequently brought into force is different, the law which is more favorable should be applied. EHRC states that applying more stringent punishment to an offender on the grounds that more stringent punishment was in force when the time criminal offence was committed. Misdemeanors have been considered within the scope of criminal law by the Constitutional Court and the Constitutional Court accepts that the principle of the application of the more favorable law should be applied to misdemeanors. Danıştay (the Turkish Council of State) decides that “it should be take into account in terms of administrative sanctions, when a law which is the ground of punishment is set aside or more favorable law is brought into force”. Since administrative acts are reviewed during annulment cases, a law brought into force after an administrative act cannot affect the act retrospect. A law which is enters into force after an administrative act established, could set up a rule which has retrospective affect only if the rule clearly is an amnesty. After an administrative fine is imposed, applying criminal law principals to administrative law and administrative sanctions, in other words, rendering decision of annulment on the ground of the principle of the more favorable law betrays the trust on judicial bodies and law.

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