CD Skripsi

Analisis Hukum Pencemaran Yang Telah Terbukti Melalui Uji Baku Mutu Lingkungan Agar Dapat Menjadi Dasar Bagi Penegakan Hukum Pidana Lingkungan

---

ABSTRACT
Environmental law is a field or branch of law that has special
characteristics which drupsteen calls the functional law field (functioneel
rechtsgebeid), in which there are elements of administrative law, criminal law
and civil law. Therefore, the enforcement of environmental law can be interpreted
as the use or application of instruments and sanctions in the field of
administrative law, criminal law, and civil law with the aim of forcing the subject
of law subject to compliance with environmental legislation.
This research is a normative legal research, because it is based on library
research that takes excerpts from reading books, literature, or supporting books
that have relation to the problem to be studied, assisted with primary, secondary
and tertiary data sources. This study uses qualitative data analysis and produces
descriptive data.
From the results of the study, it was concluded that, First, Pollution that
has been proven through environmental quality standard tests can be the basis for
environmental criminal law enforcement that must meet at least 3 elements,
namely: the existence of an unlawful nature (wederrechtelijk), an error (schuld),
and only then then the application of a criminal (strafe). These elements can
already be used as a basis in the enforcement of environmental criminal law
against corporations that have dumped waste into rivers and exceed the threshold
for environmental quality testing. Second, the factors that affect pollution that
have been proven by environmental quality standard tests can be the basis for the
investigation of environmental crimes, which is to prove a criminal act of
environmental pollution such as river pollution is not necessarily easy to prove, it
must require proof that is truly accurate and valid. namely through expert
information and one of the important aspects that can affect the effectiveness and
efficiency of environmental management in a country is whether or not an
accredited laboratory is available, in this case an environmental laboratory
capable of producing data that is valid and reliable, irrefutable, and can be
accounted for in an effective manner scientifically as well as legally.
The author provides a recommendation, First, Corporations conducting
business activities should pay attention to the provisions stipulated in Law No. 32
of 2009 concerning Environmental Protection and Management, so that
preserving the environment is also the responsibility of the corporation, Second,
to the public who feel the direct impact of environmental pollution as a result of
business activities in order to immediately report to the authorities, in this case
the National Police Republic of Indonesia or the Office of the Environment, Third,
To the Republic of Indonesia National Police and Civil Servant Investigators to
x
immediately conduct an investigation immediately after receiving reports from the
public. So that there is certainty over the enforcement of criminal law as
regulated in Law No. 32 of 2009 concerning Environmental Protection and
Management.
Keywords: Pollution, Quality Standards Test, Criminal Law Enforcement

---

Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

09 04. 121 (0069)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2021

Deskripsi Fisik

xii, 29 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

09 04. 121 (0069)

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

HUKUM PIDANA

Info Detail Spesifik

-

Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar