CD Tesis
Pelepasan Atau Peredaran Produk Rekayasa Genetika Dalam Rangka Melaksanakan Keamanan Hayati Dikaitkan Dengan Undangundang Nomor 32tahun 2009 Tentang Perlindungan Dan Pengelolaan Lingkungan Hidup
The issue discussed in this paper is the release or marketing of genetically
modified products in connection with the implementation of biological safety in
connection with Law No. 32 of 2009 on Environmental Protection and
Environmental Management.
The formulation of the problem in this study is as follows: First, the 2009
Law No. 32 on Environmental Protection and Management, the Criminal Code
Guidelines on the Release or Distribution of Genetically Modified Products as
part of the Implementation of Biosafety in Indonesia and Second. , What is the
effectiveness of Law No. 32 of 2009 on Environmental Protection and
Management in Protecting Indonesian Biosafety.
The research methods used in this survey are literary and documentary
surveys, as well as normative surveys using legal conduct surveys. The library
deals with legislative and legal writing books, and documentary research deals
with court decisions (jurisprudence) because the applied normative approach is
used as the problem approach. The data used is secondary data from library
materials.
The findings of this study are that the release or marketing of genetically
modified products as part of the implementation of biosafety is related to Law
No. 32 of 2009 on Environmental Protection and Management. Article 101 states
that: "A person with a period of 1 year, a maximum of 3 years, a minimum penalty
of IDR 10,000,000.00 (1 billion rupiah), a maximum of Rp. 300,000,000.00 (3
billion rupiah), contrary to legal regulations or environmental permits in the
sense of paragraph 69. This means that the breeding results of commonly
available genetic technology products meet the standards set by law. Section 101
refers to actions prohibited in Section 69 (1). The functionalization of criminal
law as a last resort actually applies to formalized environmental crimes and is not
limited to crimes under Section 100 (1). On the one hand, as a characteristic of
certain risk-based criminalization models, violations of Article 100 (1) require
illegal direct contact between contaminated material and the environment.
Because the nature of criminal offenses in Article 3 of the PPLH Act is in fact
associated with breach of administrative obligations or permits, does not threaten
environmental damage / pollution, and does not involve the discharge or release
of waste. , Contaminated materials and environment. .. The enforcement of the
Criminal Code of Law No. 32 of 2009 on Environmental Protection and
Management Related to the Release of Genetically Modified Products does not
rely solely on breach of public requirements or obligations or so-called
administrative crimes, which in particular is genetically modified. If the product
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is released, apply for imprisonment and fines to deter the perpetrators of
environmental crime.
Keywords: release, product, genetic engineering, biosafety.
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