Challenges in Indonesian Environmental Law Enforcement: Handling Individual Culpa Mistake (Negligence) Cases

In addition to examining the evolution of democracy under the rule of law from the standpoint of environmental law enforcement in Indonesia, the purpose of this study is to identify the elements of environmental management law enforcement in Indonesia and the administrative penalties associated with environmental law enforcement. The research methodology in this study takes a legal perspective. Descriptive-analytic research methodology is employed. Since Indonesia is a state of law, including environmental law enforcement, descriptive analysis with a qualitative approach was employed as the data analysis method in this study. Administrative penalties are one way that environmental laws are enforced. Legal penalties known as administrative sanctions are those that authorities of the government can apply without first bringing charges against people or organizations that break environmental administrative legislation. The primary purpose of administrative sanctions is to serve as a tool for controlling illegal activity. According to the organic state theory, the state has controlled the application of administrative sanctions in order to control every action and/or enterprise in the environmental sector, as seen from the standpoint of environmental management legislation enforcement in Indonesia. Prevent negative effects on the environment, such as pollution and/or environmental harm. Legal penalties known as administrative sanctions are those that authorities of the government can apply without first bringing charges against people or organizations that break environmental administrative legislation. The primary purpose of administrative sanctions is to serve as a tool for controlling illegal activity. According to the organic state theory, the state has controlled the application of administrative sanctions in order to control every action and/or enterprise in the environmental sector, as seen from the standpoint of environmental management legislation enforcement in Indonesia. Prevent negative effects on the environment, such as pollution and/or environmental harm.

Environmental pollution from mining activities in Indonesia, particularly in Palu City and Donggala Regency, presents complex legal challenges as the country strives to enforce environmental protection laws effectively. The core legal issue addressed in this research is the insufficient implementation of criminal sanctions despite the evident environmental degradation caused by licensed mining operations, which often only receive administrative sanctions without achieving deterrence or restoration. This study aims to examine the enforcement of criminal sanctions as a legal mechanism to strengthen environmental law in Indonesia. Utilizing an empirical legal research method through field observations and direct interviews, the research captures the realities of environmental law enforcement in Palu City and Donggala Regency. The findings reveal that although Indonesia's environmental laws provide clear provisions for imposing criminal sanctions on polluters, the practical application remains limited due to administrative hurdles, lack of coordination between central and local governments, and the prioritization of economic interests over environmental protection. However, imposing criminal sanctions is imperative to ensure corporate accountability, prevent further ecological damage, and encourage compliance with environmental quality standards. This study highlights the urgency of positioning criminal sanctions not merely as ultimum remedium but as an integral part of a proactive enforcement strategy, thereby fostering sustainable development while safeguarding environmental integrity. The insights from this research are intended to guide policymakers, law enforcers, and environmental advocates in improving the effectiveness of environmental criminal law enforcement in Indonesia, ensuring a balanced approach between economic growth and environmental sustainability.

Corporate accountability in Indonesia's environmental law still faces fundamental challenges, especially in the aspect of applying criminal sanctions against legal entities that commit environmental pollution or destruction. In practice, law enforcement relies more on administrative approaches or civil lawsuits, which often do not provide a deterrent effect and tend to be inadequate in responding to the complexity of environmental damage caused by corporations. This research aims to fill this gap by critically examining how the principle of strict liability can be integrated with the criminal sanction mechanism in national environmental law. With a normative juridical approach and supported by relevant case studies, this study shows that the synergy between the two approaches is able to form a more accountable, effective, and responsive accountability framework to the principles of sustainable development. The results of the analysis recommend the need for a holistic environmental law enforcement model, which not only emphasizes the repressive aspect, but also encourages structural improvements in corporate supervision and active public involvement in overseeing environmental law enforcement in Indonesia.

Environmental Crime and Law Enforcement in Indonesia: Some Reflections on Counterproductive Approaches

The change of criminal sanction scheme from primum remedium to ultimum remedium after the passage of the Omnibus Law, brought a new impact on environmental law in Indonesia. Because, according to some parties, this change can improve the investment climate in Indonesia, but on the other hand it considers this as a step in weakening environmental law enforcement in Indonesia. This type of research uses the method of Juridical-normative approach that will be analyzed in a qualitative descriptive in reviewing and analyzing the enforcement of Environmental Law in Indonesia through the change of criminal sanctions into ultimum remedium in the Omnibus law. Environmental law enforcement scheme that prioritizes administrative sanctions over criminal sanctions raises a problem for this country, because criminal sanctions are still seen as one of the most appropriate sanctions in reducing the level of destruction and environmental problems that occur in Indonesia. This is inseparable from the enforcement of Environmental Law as an important aspect in maintaining environmental sustainability in accordance with the mandate of the Constitution.

The Citarum River is a strategic resource for millions of West Java residents, supporting household, agricultural, fishery, and industrial needs. However, heavy pollution from industrial, agricultural, and domestic waste causes ecological damage and threatens the community's fundamental rights to health, clean water, and a healthy environment. This background underlies the importance of studying environmental law enforcement in the Citarum River Basin, considering the close relationship between human rights perspectives and criminal law provisions. This study aims to analyze the effectiveness of environmental law enforcement in Indonesia, specifically in the Citarum pollution case, and compare it with the experience of the United Kingdom in the Thames River case and India in the Ganges River case. The method used is a juridical-normative approach with a comparative approach, through a review of legislation, court decisions, and national and international academic literature. The results show that environmental law enforcement in Indonesia still tends to be administrative and civil, thus not providing an adequate deterrent effect for polluters. In contrast, the United Kingdom has succeeded in strengthening compliance through strict criminal sanctions, while India emphasizes pollution as a violation of citizens' constitutional rights. The conclusion of this study is the need for an integrative model that combines criminal liability with human rights protection, so that environmental law enforcement in Indonesia can be more effective, fair, and sustainable, particularly in efforts to restore the Citarum River.

The 1945 Constitution of the Republic of Indonesia mandates that a good and healthy environment is a human right and constitutional right for every Indonesian citizen. Therefore, the state, government, and all stakeholders must protect and manage the environment to implement sustainable development. The Indonesian environment can remain a source and support for the Indonesian people; this is in line with implementing the SDGs. The study aims to analyze environmental law enforcement efforts in Indonesia towards SDGs implementation. The research method used a normative approach, with statutory and a conceptual process. The data collect the use of secondary data with literature and statue approach. The study results showed that environmental law enforcement in Indonesia (Number 32/2009) concerning Environmental Protection and Management is preventive and repressive. Three legal instruments in environmental law enforcement are recognized administrative, civil, and criminal law. Environmental law enforcement and the implementation of SDGs in Indonesia are connected. The government implements preventive and repressive law enforcement as regulated in Law by granting expansive powers to local governments to provide protection and environmental management in their respective regions so that the environment remains sustainable. The regulation is in line with the Goals of 6, 7, 12, 13, 14, and 15 of the SDGs directly related to environmental sustainability.

Guarantee legal certainty and economic stability is very important to keep the movement of the economy of a country. The formulation of the problem formulated a point of issue is how the environmental law enforcement in Indonesia on a case study of forest fires in Indonesia and How to influence environmental law enforcement to economic growth in Indonesia. The purpose of this study was to determine the environmental law enforcement in Indonesia on a case study of forest fires in Indonesia and How to influence environmental law enforcement to economic growth in Indonesia. This research could be useful in a practical and theoretical. The method used by the researchers are using a normative juridical approach. The results of the study Enforcement of Environmental Law in relation to the Criminal Law which is related substance of Law in Article 69 paragraph (1) letter H Law No. 32 of 2009 on the Protection and Environmental Management includes about a ban on land clearing by burning and action against the perpetrators for enforce the law and environmental law enforcement to economic growth in Indonesia affected by three (3) aspects, namely Products of law, justice system and political risks are always changing. Conclusions of law enforcement carried out by the legislation in force and the factors that influence economic growth is necessary to be noticed is the commitment of the highest officials responsible to the reciprocation of a country. Recommendation law enforcement must be carried out according the legislation without seeing the background of the company or individual that legal certainty to invest guaranteed and the reformulation of Article 69 paragraph (1) letter H Law No. 32 of 2009 on the Protection and Environmental Management.

Environmental law enforcement in Indonesia, particularly under Law No. 32 of 2009 on Environmental Protection and Management, faces persistent challenges in applying the principle of ultimum remedium—treating criminal sanctions as a last resort. This study aims to evaluate the effectiveness of non-criminal sanctions, namely administrative and civil measures, as prerequisites to criminal enforcement in environmental cases. Using a normative juridical method and descriptive-analytical approach, the research analyzes statutory regulations, judicial decisions, and enforcement practices in pollution cases, including hazardous and toxic waste violations. The findings reveal that administrative and civil sanctions remain weak due to limited supervision, lengthy civil procedures, and inadequate compensation mechanisms. Additionally, poor institutional coordination and limited enforcement capacity hinder the transition to criminal sanctions. Community involvement is also underutilized in supporting legal accountability. The study concludes that a more structured three-layered enforcement approach—integrating administrative, civil, and criminal mechanisms—is needed to uphold environmental justice. Strengthening institutional capacity and aligning reparative and retributive principles are essential to ensure the ultimum remedium principle operates effectively. These findings contribute to legal reform efforts and the development of sustainable environmental governance in Indonesia.

Environmental law enforcement in Indonesia is grounded in a strong normative framework through Law No. 32 of 2009 on Environmental Protection and Management (UUPPLH). However, its effectiveness remains constrained by challenges in implementation. This study aims to analyze the dynamics of environmental law enforcement in Indonesia by examining the gap between legal norms and practice, institutional barriers, and potential innovations to enhance legal effectiveness. Employing a qualitative approach with a normative juridical method, the research draws on primary and secondary legal materials, including legislation, court decisions, and official environmental reports. The findings reveal that most environmental violations are still resolved through administrative sanctions, reflecting limitations in evidence, interagency coordination, and monitoring capacity. Nevertheless, reform efforts toward data-driven and transparent supervision have begun through initiatives such as the Continuous Emission Monitoring System (CEMS), Online Single Submission (OSS), and regional environmental incentive programs like PROPER. In conclusion, strengthening environmental law enforcement in Indonesia requires cross-sectoral collaboration and a paradigm shift from a punitive to a collaborative and adaptive approach to achieve ecologically just environmental governance.

This study aims to determine the implementation of the Forest Law Enforcement, Governance, and Trade (FLEGT) licensing scheme in Indonesia, focusing on its improvements and handling in relation to deforestation law enforcement. The research method used is qualitative, with an empirical juridical, statutory, and contextual approach. The results of this study indicate that aspects of environmental law enforcement in Indonesia have not yet come to light. The responsible authorities and powers exhibit a tendency to supersede established regulations of environmental law enforcement regarding procedural requirements, remedies, and sanctions. Consequently, reforestation schemes and forestry restoration permits, which are intended to counteract the effects of deforestation, have proven to be ineffective. This ineffectiveness can be attributed to the ongoing industrial forestry activities carried out by companies and entrepreneurs, which lack the requisite procedures for ensuring accountability in environmental restoration.

Enforcement of Environmental Law in Indonesia can be done in various ways. One way that can be done is to conduct a lawsuit in Civil Law to the competent court if the plaintiff suffers material or immaterial losses and suffers losses due to environmental damage around his area. There are various court decisions in the civil field, especially the new environmental scope. The new verdict can affect the growth and development of existing Environmental Law in Indonesia. If the plaintiff is the Ministry of Environment and Forestry who suffers material or immaterial losses, then the concept of proof in the judicial process can be called a strict liability suit. The problem written by the author in this journal is the enforcement of Environmental Law in Indonesia through Civil Law. In this journal, the writer uses the normative and juridical writing method, which is a legal writing which is carried out by analyzing secondary legal materials or library materials to find a solution to a legal problem that arises and uses a problem approach based on the laws or general legal rules regarding Environmental Law enforcement in Indonesia through Civil Law and problem approaches that are based on a conceptual basis. The results of research conducted show that to enforce Environmental Law based on Civil Law in Indonesia, judges not only apply existing legal regulations, but judges must also apply other judicial matters so that existing Environmental Laws in Indonesia can experience progress and rapid development.

Legal issues arising from violations of tax provisions are resolved through administrative law mechanisms. Tax legislation grants the state broad authority to collect taxes, making tax law a part of public law, and regulating the legal relationship between the state and individuals or legal entities obligated to pay taxes. The existence of criminal provisions in Tax Legislation, called administrative penal law (Verwaltungs Strafrecht), which is included in the framework of public welfare offenses (Ordnungswidrigkeiten), is defined as all legislative products in the form of laws within the administrative sphere that have criminal sanctions. In cases of tax crimes experienced by taxpayers who have been sentenced to criminal penalties, the convict (taxpayer) is still required to pay his tax administration obligations, resulting in the imposition of double sanctions (criminal and administrative) for the same act (double sanction) which is contrary to legal certainty and a sense of justice, and is not in line with the ratio legis of the Taxation Law. As a doctrinal legal research, this article investigates how the administrative and criminal sanctions are applied in taxation in Indonesia and how legal certainty is guaranteed in the tax law. It is found that criminal and administrative sanctions are applied according to the actions taken based on the qualifications outlined in the articles violated. The procedure for enforcing tax law varies and is applied on a case-by-case basis. Further, administrative sanctions are the precursor to criminal sanctions. While administrative sanctions are the primum remedium applied in tax administration violations, which are carried out to obtain payment, criminal tax sanctions are applied as the ultimum remedium, taking into account the objective conditions related to the act

The rise of increasingly serious environmental cases, one of which is related to problems in the forestry sector, has prompted the birth of Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH). In this research, the approach used is Juridical-Normative, with a dogmatic type of research, a descriptive research form of legal relations. This research is limited to descriptive-analytical research on criminal policies in environmental law enforcement. The source of all environmental problems is development carried out without paying attention to environmental balance factors which in turn will cause environmental damage and pollution. Legal action taken against perpetrators of environmental pollution and destruction consists of administrative aspects, civil aspects, and criminal aspects. Law enforcement itself needs to be supported by several factors, namely legal means, law enforcement officers, facilities and infrastructure, permits, the Amdal system, and public legal awareness of the environment

Environmental law enforcement in Indonesia faces significant challenges in implementing the principle of Polluter Pays due to the overlap of sanction authority between Environmental Supervisory Officials (PPLH) and judges. This study aims to analyze the synchronization of the norms of coercive sanction authority for recovery after the Job Creation Law and identify factors that hinder the effectiveness of environmental law enforcement. The research method used is normative juridical with a content analysis approach to relevant laws and regulations. The results of the study show that the overlap of sanction authority between PPLH and judges is caused by the absence of a clear hierarchy between administrative and criminal sanctions, as well as changes in regulations after the Job Creation Law that have not been followed by adequate adjustments in legal substance. This study recommends a limited revision of the PPLH Law and PP No. 22 of 2021 to create a clear hierarchy between PPLH administrative sanctions and additional penalties for judges, as well as strengthening legal structures and legal culture to increase the effectiveness of environmental law enforcement.