Environmental Crimes in the Perspective of the Law Number 32 Year

2009 Concerning the Protection and Management of the Living

Environment

Syamsul Arifin

Faculty of Law Universitas Sumatera Utara, Jalan Universitas No.4 Kampus USU, Medan 20155

Keywords: Environmental Crime, Protection and Environmental Management.

Abstract: Environmental crime is a crime as stipulated in Article 97 Law number 32 year 2009 on Environmental

Protention and Management, there are 19 forms of action or action that can be sentenced to criminal

sanctions. How ever, in its application, although there are laws and regulations that are applied for the

purpose of providing protections to environmental sustainability by providing a serious threat of criminal

sanction, but the reality in the field shows from time to time in the region both at the provincial, district

and municipal levels, environmental conditions that have caused environmental problems that have

caused material and immaterial losess. The number of sucs caces, indicating the inconsistency of the

government that resulted in weak policy and enforcement of environmental law in Indonesia. Sucs

conditions should not be allowed to drag on (remember the time span of existence of law No. 32 of 2009

has entered 9 years). There fore must be immediately sought the root of thr problem whether in terms of

environmental legislation is not yet complete, or whether the lack of capacity of the apparatus and the

compliance of the citizents to the prevailing laws and management of the environment of the environment,

through research that will be carried out with the aim to discuss of environmental crime.

1 INTRODUCTION

On October 3, 2009, the Government of the Republic

of Indonesia issued Law Number 32 Year 2009 on

Environmental Protection and Management, which

aims to protect the territory of the Unitary State of the

Republic of Indonesia from pollution and / or

environmental damage. The need for such protection,

due to the declining quality of the environment

coupled with the depletion of natural resources stocks

and the emergence of various environmental

problems have made people aware of the importance

of environmental support and the role of natural

resources to life in the universe.

Environmental law in the implementation of

environmentally sound development serves to

prevent the occurrence of pollution and or

destruction

of the environment so that the environment and

natural resources are not disturbed continuity and

carrying capacity. In addition, environmental law

serves as a means of legal action for acts that damage

or pollute the environment and natural resources.

Strictly speaking, environmental law must be able to

act as a safeguard for the continuation of

environmentally sound development.

However, in practice, although there are laws and

regulations that are applied for the purpose of

providing protection to environmental sustainability

by providing a severe threat of criminal sanctions, the

facts indicate in fact that the time period in the region

at both the provincial, district and cities,

environmental conditions that have caused

environmental concerns.

From some aspect to interpret environmental

crime as an act against the law in the form of pollution

and / or destruction of the environment either natural

/physical environment, artificial environment, and

socio-cultural environment, which is done by

everyone, therefore can be given limitation on

environmental crime as follows: "Any violation of

national and international environmental laws, or

breaches of rules that ensure the conservation and

sustainability of the world's environment,

biodiversity and natural resources.

Documents obtained from Polri and Polda

Headquarters are 39 covering plantation, forestry and

1670

Ariﬁn, S.

Environmental Crimes in the Perspective of the Law Number 32 Year 2009 Concerning the Protection and Management of the Living Environment.

DOI: 10.5220/0010094116701673

In Proceedings of the International Conference of Science, Technology, Engineering, Environmental and Ramiﬁcation Researches (ICOSTEERR 2018) - Research in Industry 4.0, pages

1670-1673

ISBN: 978-989-758-449-7

mining crimes, and 14 cases are still in the

investigation stage, and 23 cases are under

investigation. Similarly, cases handled by the State

Ministry of Environment and Forestry, by 2015 there

are 118 cases, in 2016 there are 150 cases means an

increase in cases of 32 cases handled by the Ministry.

Based on case data that reached the court during

2009 until 2010, five cases were sentenced to 14 cases

of pure free verdicts and one case of trial verdict. In

2016, data obtained from the Directorate General of

Law Enforcement, Ministry of Environment and

Forestry (KLHK) has received 632 complaints of

environmental crime with 416 cases of prosecution.

The remaining 216 reports are under review and 20

cases are under investigation and recommendation.

2 RESEARCH APPROACH

The approach in this research is normative and

normative juridical empirical, through:

The statutory approach (statute approach) is by

reviewing the legislation consisting of primary and

secondary legal materials that relate to the substance

and problems in this study. Conceptual approach

(conceptual approach) is views, opinions, doctrines

that develop in the settlement of environmental

crimes which are crimes. Case study approach (cases

study approach), discuss cases relating to

environmental crimes starting from the Examination

Minutes (BAP) from the relevant agencies and

analyzing decisions that have permanent legal force

over environmental crimes.

3 RESULTS AND DISCUSSION

3.1 Environmental Crime

Environmental crime or environmental offense is a

law and order of the law to the legal subject which if

violated is threatened by the imposition of criminal

sanctions, including imprisonment and fines with the

aim of protecting the environment as a whole and

elements in the environment such as forests, animals

, land, air, and water and humans. Therefore, with this

definition the environmental delicacy of life is not

only the criminal provisions formulated in Law No.

32 of 2009 on Environmental Protection and

Management (UUPPLH), but also the criminal

provisions formulated in laws and regulations as long

as the provisions of the provisions are intended to

protect the environment as a whole or its parts.

The provisions of criminal law in Law Number 32

Year 2009 are regulated from Articles 97 to 120.

Article 97 of the law provides that the criminal act in

this law constitutes a crime.

The Law on Environmental Protection and

Management (UUPPLH) does not impose legal

restrictions on environmental crimes, but the law

classifies the types of good deeds in the form of

vandalism and pollution both individually and

corporately, as well as criminal provisions as a result

of committing criminal acts environment. Therefore,

based on some understanding of environmental

crimes, it is understood that the criminal act as

regulated in UUPPLH is a form of crime against the

environment or an environmental offense.

Environmental crime is "Unlawful acts in the

form of pollution and / or destruction of the

environment either natural / physical environment,

artificial environment, and socio-cultural

environment undertaken by every person (natural

person or business entity, whether incorporated or

non-legal).

The provisions of criminal law in Law Number 32

Year 2009 are regulated from Articles 97 to 120.

Article 97 of the law provides that the criminal act in

this law constitutes a crime.

The Law on Environmental Protection and

Management (UUPPLH) does not impose legal

restrictions on environmental crimes, but the law

classifies the types of good deeds in the form of

vandalism and pollution both individually and

corporately, as well as criminal provisions as a result

of committing criminal acts environment. Therefore,

based on some understanding of environmental

crimes, it is understood that the criminal act as

regulated in UUPPLH is a form of crime against the

environment or an environmental offense.

Environmental crime is "Unlawful acts in the

form of pollution and / or destruction of the

environment either natural / physical environment,

artificial environment, and socio-cultural

environment undertaken by every person (natural

person or business entity, whether incorporated or

non-legal).

The Indonesian Forum for the Environment

(WALHI) in its publication defines an environmental

criminal as a person or institution that undertakes a

"Deprivation Measure" or the omission of the life of

the people directly through influence, capital,

political power and power (position) within a

business entity / government or TNI-POLRI that

causes and leads to the continuous destruction or

Environmental Crimes in the Perspective of the Law Number 32 Year 2009 Concerning the Protection and Management of the Living

Environment

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destruction of the environment and the livelihoods of

the people and the threat of the security of human life.

Environmental crime is the Super Extra Ordinary

Crime because it harms the State's finances compared

to other crimes, such as forest fires.

3.2 Nature and Extent of

Environmental Crime

The diminishing quality of the environment has

threatened the survival of human life and other living

things as a result of environmental

Environmental pollution is the entry or inclusion

of living things, substances, energies, and / or other

components into the environment by human activities

so as to exceed the established environmental quality

standards. In Article 1 number 14 UUPPLH.

Narrowly environmental pollution is a criminal

event that is regulated in Articles 202 and 203 of the

Criminal Code. While in Law no. 32 of 2009 in broad

and in relation to the violation of the right of every

person to the good and healthy environment as

mandated in Article 28 H of the 1945 Constitution of

the Republic of Indonesia, and described in Article 65

paragraph 1 of Law no. 32 Year 2009.

The nature and extent of the problem of crime

against the environment, essentially determining the

criteria of crimes against the environment should be

assessed by looking at the following aspects: First,

from personal impacts as well as institutional impact.

Second, the impact on the physical environment

caused by biotic and abiotic.

3.3 Type of Environmental Crime

Within the Penal Code, there are several types of

criminal offenses, including:

1. The material offense is the offense or offense

that is prohibited by law which is deemed to

have been perfect or fulfilled if the deed has

caused a result, that is in the formula:

Article 98 as follows:

First, from the provisions of paragraph (1) of

the above article, the levers are related to causing

injuries and / or human health hazards.

3.4 Implementation of Regulations on

Environmental Crime

1. Environmental Crime, which undertakes the

management of B3 waste without permission or

any person producing B3 waste and does not

undertake the management and or any person who

does business or activity without environmental

permit or if the environmental crime is committed

by, for, or over name of business entity, criminal

lawsuit and criminal sanction shall be imposed on

business entity

and or person ordering to perform

the criminal act or person acting as the activity

leader in such crime as meant in Article 102 jo

Article 59 paragraph (4) and / or Article 103 in

conjunction with Article 59 and or Article 109 in

conjunction with Article Verse (1) and or Article

116 of the Indonesian Republic Law Number 32

Year 2009 on Environmental Protection and

Management.

2. Environmental Crime in the form of deliberately

performing acts that resulted in the excess of

ambient air quality standard, water quality

standard, seawater quality standard or

environmental defect criteria or due to its

negligence resulted beyond the ambient air

quality standard, water quality standard, seawater

quality standard , or the standard criteria of

environmental damage on dredging activities in

the context of Criminal Acts of Land Burning,

deepening the shipping and harbor pools, as

intended by Article 98 paragraph (1) or Article 99

paragraph (1) or Article 104 of Law of the

Republic of Indonesia Number 32 of 2009 on

Protection and Management of the environment.

3. Any plantation business actor who opens and / or

lands cultivates land by burning and / or a person

intentionally committing an act or at least because

his negligence resulted in exceeding the standard

criteria of environmental damage, as referred to in

Article 108 of the Republic Act Indonesia No. 30

of 2014 on Plantations and or Article 98 paragraph

(1) of the Law of the Republic of Indonesia

Nomlor 32 of 2009 on the Protection and

Management of the Environment.

4. Environmental Crime conducts business activities

in the form of coastal reclamation / dredging for

the development of integrated tourism areas

without being equipped with environmental

permits as regulated in Article 109 in conjunction

with Article 36 paragraph (1) in conjunction with

Article 116 paragraph (1) letter a jo Article 118 of

the Republic Law Indonesia Number 32 of 2009

on Environmental Protection and Management.

4 CLOSING

Environmental crime or environmental offense is a

law and order of the Constitution to any person or

legal subject who, if dolanggar, is threatened by the

imposition of criminal sanctions, imprisonment and

ICOSTEERR 2018 - International Conference of Science, Technology, Engineering, Environmental and Ramiﬁcation Researches

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penalties in order to protect the environment as a

whole and the elements in the environment such as

forests, animals, land, air and water and humans.

Therefore, with this definition environmental

delicates are not only criminal provisions formulated

in the Law of the Republic of Indonesia Number 32

Year 2009 on Environmental Protection and

Management (UUPPLH), but also the provisions of

criminal provisions formulated in other legislation as

long as the provisions of the provisions are intended

to protect the environment as a whole or its parts.

From the results of the research, to the

environmental crime in its application there are

related legislation, among others, the Law of the

Republic of Indonesia Number 41 Year 1999 on

Forestry, in the settlement of criminal acts of Forest

Fire and land. Law of the Republic of Indonesia

Number 4 Year 2009 regarding Mineral and Coal

Mining to environmental crime related to mining.

(1) In the application of legislation related to

environmental crime there are cases as follows:

a. Environmental Crime, which undertakes

the management of B3 waste without

permission;

b. Environmental Crime in the form of

deliberately performing acts that result in

exceeding ambient air quality standard;

c. Crime of Burning Land;

d. Environmental Crime conducts business

activities in the form of coastal

reclamation / dredging for the

development of integrated tourism areas

without being equipped with

environmental permits;

e. Environmental Crime and Forestry field of

fire within the concession area.

REFERENCES

Arifin, Syamsul and M. Hamdan, (1996), Criminal

Sanctions Against Environmental Pollution Law,

Medan, USU Press Medan.

Arifin, Syamsul, (2014), Legal Aspects of Environmental

Protection and Management, Medan, Medan Area

University Press.

Moelyatno, R., (1987), Principles of Criminal Law, Jakarta,

Bina Aksara Mutiara.

Rahmadi, Takdir, (2011), Environmental Law in Indonesia,

Jakarta, Rajawali Press.

Director of Investigation and Legal Security,

Environmental Crime (illegal logging and forest

preference). Paper presented at local events UPT

enforcement UPT assurance. Director General of

PHKA, Samarinda 18-19 / July / 2011.

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Environment

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