Abstract
Research on Legal Actions and Responsibilities of the Government of Indonesia in Overcoming Water Pollution, is a normative legal research, by examining various legal aspects relating to the research problem in question. From the research conducted, it provides an understanding that Indonesia is an archipelago whose seas cover two-thirds of its national territory, and has the second longest coastline in the world. Known as a maritime country, it has a huge responsibility to protect its waters from water pollution. For this reason, the regulation of existing environmental law must be integrated and comprehensive. In addition, it is also necessary to apply the principles of cross-national pollution law in legislation that are regulated integratively. However, the rule is only a rule if it is not accompanied by law enforcement. Law Enforcement in dealing with perpetrators of water pollution has a very important role, to cause deterrent effects (ultimum remedium). This needs to be done to bring about the authority of the law, which is expected to bring fundamental changes in people's attitudes to participate in every movement of national development. This meaning was offered by Mochtar Kusumaatmadja who adopted Roscoe Pound's thinking about "law as a tool of socialengering", namely law as a means of engineering society, which encouraged the creation of legislation and jurisprudence. For this reason, the application of appropriate sanctions for perpetrators of water pollution is civil sanctions in the form of compensation, which can later be used as a tool to rehabilitate the environment so that it can return to normal. Because the people who experience the greatest impact in water pollution are the people in the surrounding environment, so that if the environment is not restored, the community will suffer and the perpetrators will not experience the impact. Keywords: Legal Action; Government Responsibilities; Water Pollution DOI : 10.7176/JLPG/87-09 Publication date :July 31 st 2019
Highlights
Background to the ProblemThe quality of water sources throughout Indonesia is in poor condition
1 At the end of 2016, the water quality index of 34 provinces announced by the Ministry of Environment and Forestry ("KLHK") showed a decrease in index scores compared to 2015, from a score of 53.1 to 50.79.2 If referring to the 2015 Water Quality Status Atlas data, at least 656 of 670 monitoring points are scattered in 83 rivers which are monitored as polluted
Among the various common factors mentioned, the weak capacity of the executive body in charge of the environment due to lack of resources and / or political will and weak law enforcement over water quality management regulations are two factors that are often conveyed in various forums
Summary
Background to the ProblemThe quality of water sources throughout Indonesia is in poor condition. This can be seen from Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUD NKRI 1945) which contains that the earth, water and natural resources contained therein are controlled by the state and are used for the greatest prosperity of the people.
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