JURIDICAL REVIEW OF THE APPLICATION OF ENVIRONMENTAL LAW SANCTIONS FOR VIOLATIONS OF LITTERING ON LAND OWNED BY OTHERS
Isi Artikel Utama
Abstrak
Abstract:
Background. Incomplete waste management, the habit of littering, and weak enforcement of environmental laws have caused pollution and damage to the ecosystem. Although Law Number 18 of 2008 and Law Number 32 of 2009 have regulated waste management and environmental sanctions, their implementation remains weak, so it often stops at the level of the law on the books.
Aims. This study aims to analyze the application of environmental law sanctions against perpetrators of littering on land owned by others, as well as to examine the forms of legal protection for aggrieved landowners.
Methods. The research method used is a normative juridical approach, with a literature review, drawing on laws and regulations, doctrines, and related publications.
Result. The results of the study show that environmental law sanctions are applied in layers through administrative, civil, and criminal sanctions based on Law No. 18 of 2008, Law No. 32 of 2009, and regional regulations, with administrative sanctions as the main instrument and criminal as the ultimate remedy. Unauthorized dumping of garbage on private land violates the constitutional rights to the protection of property and a healthy environment.
Conclusion. This study concludes that the effectiveness of environmental law enforcement is highly dependent on the consistency of sanctions implementation and on increasing public awareness to protect landowners and preserve the environment.
Rincian Artikel
Referensi
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Raharja, et al., Imposition Of Administrative Sanctions In Household Waste Management, Journal Of Administration, Vol.4, No.3 (October 2023), p.273.
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Thesis/Thesis/Dissertation
Armando, M. (2017). Sanctions for littering indiscriminately according to Islamic law and regional regulations in the city of Palembang. UIN Raden Fatah Palembang.
Ginting, H. (2019). Juridical Analysis of Criminal Law Enforcement for Environmental Pollution Perpetrators (Doctoral dissertation, University of Medan Area).
Hasyim, Mohammad Fahri, Legal Regulation of Waste Management and Its Application to Final Disposal Sites in Piyungan Yogyakarta, Thesis of the Master of Law Study Program, University of Muhammadiyah Yogyakarta in 2018, p. 9 < http://repository.umy.ac.id/handle/123456789/25202>.
Iqbal, M. (2022). IMPLEMENTATION OF SANCTIONS AGAINST PERPETRATORS OF LITTERING IN KELURAHANTUAH KARYA, TUAH MADANI DISTRICT BASED ON PEKANBARU CITY REGIONAL REGULATION NUMBER 08 OF 2014 CONCERNING WASTE MANAGEMENT (Doctoral dissertation, Sultan Syarif Kasim State Islamic University, Riau).
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Laws and Regulations
Constitution of the Republic of Indonesia in 1945
Law Number 18 of 2008 concerning Waste Management
Law Number 32 of 2009 concerning environmental protection and management
Cirebon City Regional Regulation (Perda) Number 4 of 2018
Cirebon Regency Regional Regulation (Perda) Number 5 of 2022 concerning the Control of Illegal Waste