Manuscript Title:

JURIDICAL REVIEW OF LAW ENFORCEMENT ON WASTE POLLUTION CASES IN MARINE AREAS

Author:

ROBERTHO PARDEDE, YOS JOHAN UTAMA, LITA TYESTA ALW

DOI Number:

DOI:10.5281/zenodo.10897507

Published : 2024-03-23

About the author(s)

1. ROBERTHO PARDEDE - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. YOS JOHAN UTAMA - Lecturer, Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. LITA TYESTA ALW - Lecturer, Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

The purpose of this study is to analyze: 1) what is the Legal Construction on the protection and management of marine areas? 2) How is Law Enforcement of Waste Pollution Cases in Marine Areas?. The research methods used are empirical juridical and normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) Penal arrangements in Law No.32 of 2009 concerning Environmental Protection and Management (UUPPLH) can be imposed on individuals, corporations and authorized officials. As stipulated in Article 98, environmental crime in paragraph (1) is materially formulated which means that environmental crime will occur if there is a consequence of the act committed. Paragraph (2) there is an additional element, namely the element of causing serious injury and / or danger to human health. This element is the ballast of paragraph (1) which is done deliberately. In paragraph (3), the additional element is that the victim of environmental pollution is seriously injured or to death, so the criminal threat is more severe than paragraph (1) and paragraph (2). Article 99, the formulation of article 99 is also a material formulation, meaning that the actions of the perpetrators cause pollution and / or environmental damage. 2) Refer to Law No. 27/2007 and Law No. 32/2009 concerning Environmental Protection and Management, which use 3 (three) legal instruments in the enforcement of environmental laws related to marine pollution in coastal areas, namely administrative law, civil law, and criminal law.


Keywords

Review, Juridical, Enforcement, Law, Case, Pollution, Waste, Marine Area.