KEBIJAKAN HUKUM PIDANA DALAM MENANGGULANGI MASALAH TINDAK PIDANA LINGKUNGAN HIDUP Dl INDONESIA
Abstract: In general,
thecondition ofpenallaw enforcement onenvironmental cases hasnotbeenexpected by
many people. Various cases of environmental penal law have been increased
andleading to organized transnational crimes. The driving factors include
policies government undermine toenvironmental aspect weakpenal law enforcement,
inappropriate punishmentgiven and implemented, different perception among law
enforcement institutions, low environmental awareness among private sectors,
the law enforcement institution wasnotneutral, anddeficiency in formulating
penalacts, penalsanctions andpenalresponsibili ties ongeneral environmental law
andsectoral environmental law. Law required The results ofthis research follows.
Atnational leveloutof 127companies involved in bussinessperformance rating
(PROPER), there are found 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 of environmental penal conducts, 48 cases have
been dealt with Alternative Dispute Resolution (ADR). 25 cases have been
settledalthough there are some deficiencies, 1 civil case and6 penalcases have
been dealt with the verdict. Atnational level, there are 117cases; 33 of which
arepenal cases, 7 penal cases have been dealt with verdict, 87 cases have been
dealt with Alternative Dispute Resolution (ADR), 21 cases can be dealtbutthere
are somedeficiencies that someagreements which have not been fulfilled bythe
disputing parties. Sixcases have beendealt through administrative law without
verdict. There are 3 civil cases with no verdict. 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 penal
lawhave not been supported environmental penal enforcement due to deficiencies
of formuiation ofpenal conduct, penal punishment, and subject responsible for
penal conduct, which are contained in or beyond General Environmental Law and
Sectoral Environmental Law. In line with ius constituendum, the environmental
penal lawas stated ingeneral environmental law and sectoral environmental to
reformulateimmediately.
Keywords: Pollution and
environmental destruction, penal law application policies, environmental penal law
formulation
Penulis: Hartiwiningsih
Kode Jurnal: jphukumdd080106
