Legal Environmental Action Aspects, Based on Environmental Conservation, According to Law 32/2009 Concerning Protection and Management of Environment

DOI

10.2991/icils-19.2019.23How to use a DOI?

Keywords

Criminal Law, Environmental Damage, Conservati

Abstract

This research aims to theoretically analyze the description of criminal provisions of Law 32/2009 concerning Protection and Management of the Environment. It also discusses criminal sanctions for unlawful environments in Indonesia, comprising of irregularities. Practically, it has awkward or inappropriate dealt with its application. Since the types of environmental crime were not directly related to environmental conservation. This study makes use of a conceptual, law, and case approach. The results of the study stated that environmental protection and management are laws below the specialist. However, in the criminal provisions section, there is no conformity and alignment, as its principle prohibited criminal acts, and upheld the spirit of environmental protection and management. Also, criminal provisions do not consider the environment as their actual victim. Comprehension in the Law on Protection and Management of the Environment is a criminal provision which has not led to environmental protection. The first problem which is imprisonment is substantially clear as there is no influence on the victim (environment). Secondly, following criminal penalties, it is still unclear whether the government uses the cost of fines from defendants for the restoration of damaged environments. The application of these methods tends to create a holistic and integrated policy in managing and optimizing the environment as a source of collective strategy for the benefit of human life.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Oheo K. Haris
AU  - Syahbudin
PY  - 2019/11
DA  - 2019/11
TI  - Legal Environmental Action Aspects, Based on Environmental Conservation, According to Law 32/2009 Concerning Protection and Management of Environment
BT  - Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019)
PB  - Atlantis Press
SP  - 127
EP  - 132
SN  - 2352-5398
UR  - https://doi.org/10.2991/icils-19.2019.23
DO  - 10.2991/icils-19.2019.23
ID  - K.Haris2019/11
ER  -