REALITAS PERMASALAHAN PENEGAKAN HUKUM LINGKUNGAN DI INDONESIA

Abstract

Handling environmental law enforcement problems in Indonesia can be done in two ways, namely penal and non-penal. The difference between the two is that penal is repressive while non-penal is preventive. In essence, repressive action can also be seen as preventive action in a broad sense. The factors that influence environmental law enforcement in Indonesia are political intervention and power when formulating environmental laws and regulations, low human resources and the judicial mafia in the process of enforcing environmental criminal law in Indonesia. The inconsistency between the rules, between the rules and the criminal justice system and among law enforcers itself is an obstacle in upholding environmental law in Indonesia. The solution that can be done is to improve human resources, both intellectual and moral, to achieve the success of environmental law enforcement. And there must be a common vision, mission, orientation and comprehensive mastery of environmental regulations by each related department so that environmental problems can be harmonized without sacrificing the interests of the community, businessmen, government and environmental interests. The government must also synchronize economic, social and ecological elements in every development policy, so that the policies issued by the government do not harm the environment.