scholarly journals IMPLIKASI POLITIK PENEGAKAN HUKUM PIDANA DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP TERHADAP UPAYA PENEGAKAN HUKUM LINGKUNGAN HIDUP

2018 ◽  
Vol 3 (1) ◽  
pp. 81
Author(s):  
David Aprizon Putra
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Criminal Law ◽  
Environmental Law ◽  
Administrative Law ◽  
Procedural Law ◽  
Laws And Regulations

Abstract: Since 1982 in Law Number 4 of 1982 concerning Environmental Management Principles which was later amended in 1997 to become Law Number 27 of 1997 concerning Environmental Management, legal politics regarding criminal law policy has been carried out. Law Number 32 of 2009 concerning Protection and Management of the Environment (UUPPLH) as the latest generation, has included criminal provisions in Chapter XV, which consists of 23 articles. The results of the study show that criminal law enforcement against formal offenses has a special procedural law, because it relates to the principle of ultimum remedium, meaning that the use of criminal law against formal offenses must wait until administrative law enforcement is declared ineffective. In order to avoid difficulties in enforcing environmental law that is sometimes used by certain elites to seek profits by looking at the gap in the weak regulations in the laws and regulations, the legislation, especially regarding formal law, must be clearly arranged, firm, not multiple interpretations.Keywords: Politic Criminal Law Enforcement, Environmental Law Enforcement

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 KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

2016 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Eman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
Criminal Sanctions ◽  
Procedural Law ◽  
State Administration ◽  
The One ◽  
Level Of Understanding

<p>Abstract</p><p><span>The use of criminal sanctions as the main sanction has indicated the extent to<br /><span>which the level of understanding of the legislators to the problem of "crime and<br /><span>punishment". At least show that the limited understanding of the use of criminal<br /><span>sanctions also affect the determination of criminal sanctions in administrative<br /><span>law. "Errors" in the formulation of the implications for the difficulty and<br /><span>confusion in the law enforcement, because there is a gap of two disciplines,<br /><span>namely the criminal law on the one hand and on the other hand administrative<br /><span>law, which has its own procedural law. This confusion will lead to ambiguity in<br /><span>the resolution of cases of violation of administrative law contains criminal<br /><span>sanctions, whether enforcement will be carried out by law enforcement agencies<br /><span>within the criminal justice sisitem or whether officials of the state administration<br /><span>in the sphere of administration? Such circumstances, of course, will lead to the<br /><span>existence of legal uncertainty for the community.<br /><span>Kata Kunci: <em>sanksi pidana, hukum pidana, hukum administrasi</em></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span></p>

Design and Development of the Environmental Protection Mobile Enforcement System

2014 ◽  
Vol 937 ◽  
pp. 526-530
Author(s):  
Ya Qiong Wang ◽  
Ying Jiong Zhao
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Internet Of Things ◽  
Environmental Protection ◽  
Environmental Law ◽  
Administrative Law ◽  
Shanxi Province ◽  
Environmental Status ◽  
Supervision And Management ◽  
And Function

With analyzing the environmental status of law enforcement and job demands, the environmental protection mobile enforcement system was developed based on Android platform and SOA architecture. Using this system, the ability of environmental law enforcement supervision and management was improved, and various environmental administrative law enforcement issues were solved under the limited environmental management resource. Taking Shanxi Province as an example, the environmental protection mobile enforcement system was designed and developed in term of data integration, sharing resources, standardize management and function expansion. This system can been connected to the environmental Internet of Things system which was proved practical.

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 CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

Verwaltung zwischen Gestaltung, Transparenz und Kontrolle

2019 ◽  
Keyword(s):  
Public Participation ◽  
Public Administration ◽  
70Th Birthday ◽  
Environmental Law ◽  
Administrative Law ◽  
Public Law ◽  
Short Introduction ◽  
Philosophical Perspective ◽  
Procedural Law ◽  
Key Issues

The present volume combines contributions to the symposium on the occasion of Ulrich Ramsauer’s 70th birthday, acknowledging his activity in the fields of public law, especially environmental law and planning regulations, administrative procedural law and public administration, which has lasted more than 40 years. The contributions deal with key issues in the current discussion in administrative law: accelerated proceedings (Peter Wysk), public participation (Hans-Joachim Koch) and Europeanisation (Jörg Berkemann). In his introduction, Ivo Appel presents a short introduction to the concept of administrative legal science as a managing science. The contribution by Jochen Wagner offers an overarching thematic connection from a philosophical perspective, titled “Integration through friendship”. At the same time, he considers integration as one of the essential responsibilities of the state today.

scholarly journals The Impact of Environmental Management Plans on Firms’ Compliance with Governmental Regulations and Environmental Laws

2015 ◽  
Vol 5 (1) ◽  
pp. 30
Author(s):  
Hlamulo Reply Makelane
Keyword(s):  
Environmental Management ◽  
Impact Assessment ◽  
Industrial Development ◽  
Environmental Law ◽  
Research Question ◽  
Environmental Damage ◽  
Environmental Standards ◽  
Environmental Laws ◽  
The Impact ◽  
Laws And Regulations

<p class="emsd"><span lang="EN-GB">Many developed and developing countries have enacted environmental laws and regulations to control water quality and the environment. However, human activities, such as agriculture, urban and industrial development, mining, and recreation, significantly alter the quality of natural environments and their potential use. The compliance of firms with environmental laws is of great concern to scientists, governments, and regulatory agencies. The presence of hazardous chemicals in water resources even in small amounts may cause massive environmental damage. Thus, governments pass environmental laws and regulations to monitor human activity and enforce compliance with environmental standards. This study investigates the potential to improve firms’ compliance with environmental standards by implementing an environmental management plan (EMP) within a public firm and a private firm in South Africa. EMP implementation is required to mitigate and manage environmental risk. This study asks the following research question: To what extent does EMP implementation enhance a firm’s compliance to environmental laws and regulations? Further, to what extent are the specific characteristics of a firm associated with various EMP categories? The study used methods of inspection, observation, impact assessment, implementation, and monitoring to answer the research question. In both firms under study, the results showed no compliance with environmental law during initial site inspection and impact assessment. However, the implementation of EMPs in both firms improved compliance with environmental laws to nearly one hundred percent. As a result, EMPs were successfully implemented and monitored, improving the firms’ compliance with environmental laws and reducing negative environmental impacts to an insignificant level.</span></p>

scholarly journals Juridical Analysis of Environmental Law Enforcement in Forestry Crimes Regulation in the Regional Autonomy

2020 ◽  
Vol 1 (1) ◽  
pp. 45
Author(s):  
Iswantoro Iswantoro
Keyword(s):  
Law Enforcement ◽  
Large Scale ◽  
Corporate Crime ◽  
Environmental Law ◽  
Administrative Law ◽  
Ecosystem Impacts ◽  
Regional Autonomy ◽  
Healthy Environment ◽  
State Administrators ◽  
Legal Sanctions

This paper discusses the UUPLH as the basis of Indonesia's environmental policy to prevent and overcome environmental pollution and destruction. A good and healthy environment is created; ecological law enforcement uses state administrative law instruments, civil law, and criminal law. At the law enforcement level, there are many obstacles. Due to the unclear formulation of offenses and various sanctions, the proof is quite difficult, except in being caught red-handed. Strictly speaking, preventive and repressive law enforcement measures against forest and land fires cases and their ecosystem impacts are still not adequate. This fact can be seen from the lack of resolution of forest and land burning issues that have been submitted to the court, and even almost none of the perpetrators of forest and land logging were charged with the legal sanctions above. As for the culture of law culture, the cases of forest and land fires are certainly large-scale corporations, which can even control political power. The state, in this case, state administrators, should consistently target corporate crime and focus on law enforcement efforts using available instruments.

scholarly journals Legal Aspects of Environment in Indonesia: an Efforts to Prevent Environmental Damage and Pollution

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Arifin Maruf
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Law ◽  
Legal Aspects ◽  
Environmental Damage ◽  
Welfare Benefits ◽  
Environmental Balance ◽  
Good Environment

Pollution and destruction of the environment are some of the severe threats to the conservation of the environment in Indonesia. The disturbed environmental balance needs to be restored as the giver of life and welfare benefits society by improving environmental protection, community development, and optimization of environmental law enforcement. It aims to maintain the existence of nature and aimed at solving environmental problems in Indonesia, primarily the caused by human activity. this case could be through civil, administrative, or criminal law so that it can cope with and take action against perpetrators of pollution, and the destruction of the environment and create a good environment, healthy, beautiful and comfortable for all people. Keywords: Environmental Law; Environmental Damage; Indonesia.

scholarly journals PELANGGARAN HAK ASASI MANUSIA DALAM KEBIJAKAN DAERAH DI BIDANG TATA RUANG DI KABUPATEN KUNINGAN

2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Haris Budiman
Keyword(s):  
Economic Growth ◽  
Environmental Management ◽  
Law Enforcement ◽  
Forest Fires ◽  
Environmental Law ◽  
Legal Certainty ◽  
Economic Stability ◽  
Related Substance ◽  
Political Risks

Guarantee legal certainty and economic stability is very important to keep the movement of the economy of a country. The formulation of the problem formulated a point of issue is how the environmental law enforcement in Indonesia on a case study of forest fires in Indonesia and How to influence environmental law enforcement to economic growth in Indonesia. The purpose of this study was to determine the environmental law enforcement in Indonesia on a case study of forest fires in Indonesia and How to influence environmental law enforcement to economic growth in Indonesia. This research could be useful in a practical and theoretical. The method used by the researchers are using a normative juridical approach. The results of the study Enforcement of Environmental Law in relation to the Criminal Law which is related substance of Law in Article 69 paragraph (1) letter H Law No. 32 of 2009 on the Protection and Environmental Management includes about a ban on land clearing by burning and action against the perpetrators for enforce the law and environmental law enforcement to economic growth in Indonesia affected by three (3) aspects, namely Products of law, justice system and political risks are always changing. Conclusions of law enforcement carried out by the legislation in force and the factors that influence economic growth is necessary to be noticed is the commitment of the highest officials responsible to the reciprocation of a country. Recommendation law enforcement must be carried out according the legislation without seeing the background of the company or individual that legal certainty to invest guaranteed and the reformulation of Article 69 paragraph (1) letter H Law No. 32 of 2009 on the Protection and Environmental Management.

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