KEBIJAKAN HUKUM PIDANA DALAM MENANGGULANGI MASALAH TINDAK PIDANA LINGKUNGAN HIDUP Dl INDONESIA

Hartiwiningsih Hartiwiningsih

Abstract

In general, thecondition ofpenallaw enforcementonenvironmental cases hasnotbeenexpectedby
many people. Various cases of environmental penal law have beenincreased andleading toorganized transnational crimes. The driving factors include policies government undermine toenvironmental aspect weakpenallaw enforcement, inappropriatepunishmentgiven andimplemented, differentperception among lawenforcement institutions, low environmental awareness amongprivate sectors, the lawenforcement institution wasnotneutral, anddeficiency in formulatingpenalacts, penalsanctions andpenalresponsibili
ties ongeneral environmentallawandsectoralenvironmentallaw. Lawrequired The results ofthis research follows. Atnational leveloutof 127companies involved in bussinessperformance rating (PROPER), there arefound 46 black-listed companies, 51 blue-listed companies, 22 red-listed companies, 8 green-listed
companies andnone gold listed. At regional level, out of55 cases ofenvironmental penal conducts, 48 cases have been dealt with Alternative Dispute Resolution (ADR). 25 cases have been settledalthough there aresome deficiencies, 1 civil case and6 penalcases havebeen dealt with the verdict. Atnational
level, there are 117cases; 33 of which arepenal cases, 7penal cases have been dealt with verdict, 87 cases have been dealtwith Alternative Dispute Resolution (ADR), 21 cases can be dealtbutthere are somedeficiencies thatsomeagreements which have not been fulfilled bythe disputing parties. Sixcases
have beendealt through administrative law without verdict. There are 3 civil cases with noverdict. These facts indicate that the environmental law enforcements through penal law have not been optimum. At application stage, there are other forces beyond the penal law itself influencing the proceeds ofthe penal
lawenforcement. The formulations on environmental penallawhave notbeen supported environmental penal enforcement due to deficiencies of formuiation ofpenal conduct, penal punishment, and subject responsible forpenal conduct, which are contained in orbeyond General  EnvironmentalLawandSectoral Environmental Law. In line with ius constituendum, theenvironmentalpenal lawas stated  ingeneralenvi ronmentallaw andsectoral environmental to reformulateimmediately.

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