LAW ENFORCEMENT AGAINST ENVIRONMENTAL DAMAGE IN
Development that is being done in many countries has resulted in some progress in
various fields, both areas of technology. Production, management and information all
of which have improved the quality of human life. The planners of development
economists in particular countries, can bring to bear the progress of quantitative data,
such as infant mortality rate continues to decline, the higher the life expectancy
increase in the number of production and income per head in several countries have
Yet these achievements have been so high on the pressures that accompanied the most
powerful on the capacity of the environment. Industrial growth in many countries has
led to pollution and environmental damage, both on land, water, or in the air, resulting
in a wide range of environmental catastrophe, such as acid rain, the temperature of the
earth is getting hotter due to greenhouse gases that cause global warming, various
kinds of diseases such as shortness of breath, cancer, lung, skin diseases.
Environmental problems are typical problems that always appear in the system, the
capitalist character of modern life / capitalistic system view this as a natural
environment or production facilities which must be utilized as much as possible. This
is in line with the thinking of Malthus (1766-1834 AD) who said that world
population will likely increase beyond the production growth (Goods and Services).
Therefore, reduction of population explosion is a necessity that can be achieved
through environmental destruction disasters, famine, war or birth control. In line with
that to increase the number of goods and services, do so in large-scale exploitation of
natural resources without considering the risks arising.
Development is done in various countries has led to inequity problem, both for
national and international levels. Increased number of food production is not
automatically able to, overcome the problem of poverty and hunger. In developing
countries, many communities have encountered who do not have the resources needed
to meet minimum requirements. Absence of a fair distribution has resulted in millions
of people are continually in backwardness and poverty.
In Indonesia alone the issue of environmental enforcement at the set in in Act No. 23
of 1997, as an overarching legal provisions of other laws that regulate environmental
matters. Thus the law is the basis to assess and adjust the provisions of other laws that
regulate environmental problems that already exist or which will be held.
Some special features related to the provisions of environmental laws by Hamrat
1. negative impacts of pollution or environmental destruction knows no
territorial boundaries of a country, because it can not be separated from the
influence of economic globalization process.
2. natural resources is an environmental component that is not unlimited and
must be considered as a factor that has economic value.
3. for the state and nation are being built, then the conflict of interest between the
growth that often result in polluting the environment, on the one hand with
efforts to prevent pollution or environmental destruction, on the other side still
felt as a burden, causing conflicts between development and law enforcement
4. Violation of the provisions of environmental legislation, particularly in the
form of pollution or destruction of the environment
Factors that determine the success of environmental law enforcement will be related
and not rely on the product of laws, but also lies in the ability of law enforcement
officials and community members on regulatory compliance of laws which exist.
Many cases the completion of the first environmental dispute in legislated
environmental legislation has yet to bring to bear good results. Some of the factors
impeding the enforcement of environmental law in Indonesia by Koesnadi
Hardjasoemantri is :
1. laws and regulations relating to the environment is inadequate so long as
society is not aware of their rights and obligations
2. Law enforcement officers, which include, first, the authorities give permission
for the Second; Police, Third; Attorney, Fourth: Judge, Fifth; Lawyer / legal
consultant is less responsive to the development of environmental law.
3. Several provisions of environmental laws, especially those associated with the
translation of law enforcement there is less explicit.
In general, environmental law enforcement by Aaron M. Husein would be associated
with the constraint;
1. Legal Means
Legal Regulation of human works may not be able to reach perfection, that
perfection is even more essential. This is caused because the human ability to
create a legal product in limiting the ability to be human. However, based on
experience though many legal rules that contain these weaknesses can be
successfully approached a sense of justice.
2. Law enforcement authorities
In this case related to the asepk quantity and quality of law enforcement
officers. Quantity related to the amount or the full law enforcement officers do
not exist. Moderate quality relates to the ability and expertise
(professionalism), law enforcement agencies in dealing with environmental
cases. Lack of quantity and quality of law enforcement officers will greatly
affect the effectiveness of environmental law enforcement
Facilities and infrastructure is a tool to achieve goals of environmental law
enforcement. The absence or limitations of facilities and other support
facilities will greatly affect the success of environmental law enforcement
4. Public Awareness of Environment
Indicators of community legal awareness lies in the adherence to legal
provisions. Compliance and adherence to legal provisions addressing
environmental effectiveness of environmental law into force in society.
According to Otto Soemarwoto, humans integrate continuously, with its
environment where the interaction, he also observed the environment and gain
experience. From observation and experience, he has a certain picture of the
environment that called the image of the environment.
5. social factors, political and cultural
Social factors, poltik, and would substantially determine the success of the
cultural management of the environment and environmental law enforcement.
Factors related to social, political and cultural, then according to Munadjat
Danusastro cause environmental problems can be categorized in four P
Connected with the then very influential factor is the factor of poverty and
population explosion. Both factors ranked stretcher on which the next most central
cause complications that are not healthy on the environment.
Social and cultural factors that can impact the environment is the factor of religion
and tradition. Every religion mengajarakan to the people to maintain and manage
natural and seisinya wisely. Nature and contents are deposited from the Creator to
mankind, because it must be on guard and keep the best and should not be damaging.
Thus, people who live the religion will always maintain sustainability and balance in
dealing with others and the environment in relation to God the Creator of the
Meanwhile, according to Hamrat Hamid, constraints and problems in environmental
law enforcement may encounter in various stages namely;
1. Investigations and Enforcement Phase
a. Community environmental awareness and insight as well as officials who
do not yet have an official commensurate ability to understand the nature,
uregensi healthy clean environment bearing capacity that ensures the
implementation of sustainable development. This causes the law
enforcement apparatus is less sensitive to pollution or environmental
b. Technical capabilities are not yet sufficient forces can cause hesitation and
slowness in acting.
c. Difficulty in obtaining accurate data and facts relevant to the evidentiary
d. The view that the industry's competitiveness must not be undermined by
the increasing cost of production because they have to make the processing
e. Embarrassed attitude that linger in the culture of Indonesian people so that
if the violated rights, including the environment they were silent, did not
challenge or sue in court
f. Number of opportunities for the entrepreneurs to make efforts to
complicate the study and examination.
g. Infrastructure and facilities are still top, including technical and personnel
costs and capabilities.
h. Frequent intervention of third parties which are done by using the
influence and power
i. Confidentiality is not guaranteed
2. Prosecution Stage
Some things that become obstacles in the prosecution stage, among others;
a. Differences in perception between the judge with prosecutors regarding
punishment and its legal construction
b. The lack of strong evidence and relevant.
c. The limited ability of laboratory technology
d. The lack of sanctions experts who have the ability and experience
e. The lack of judges and prosecutors the ability to master environmental
law. In addition, also did not master the understanding of the case and did
not master the techniques and tactics of proof at trial.
f. Lack of coordination and cooperation among investigators, prosecutors
and expert witnesses so that cooperation in doing is not efficient and
Environmental problems are problems that will increasingly complex and in the future
will reach a level which more and more serious, because it was to move forward in
requiring awareness of all responsible parties with environmental issues to anticipate
and make concrete steps in order to rescue the environment from damage that
increasingly, worried about and tend not controlled primarily occurring in developing
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