Legal Problems in the Job Creation Act in the Environmental Sector

DOI

10.2991/assehr.k.211020.090How to use a DOI?

Keywords

Job Creation Act, Environmental Sector, Legal Problems

Abstract

The government revokes the environmental permit as a condition for obtaining a business license in the Job Creation Law. Environmental permits are integrated into business licenses which simplify the process of business licensing when in fact the future of the environment is threatened. This is because the role of the community in protecting the environmental impacts arising from development has been eliminated and the correction mechanism for companies and license issuers has also been removed. In the Job Creation Law, it is seen that environmental permits become Environmental Approval, namely a decision on environmental feasibility or a statement of environmental management capability that has received approval from the central government, whose scope of business license includes AMDAL and UKL-UPL efforts. The problem is how is the enforcement of criminal law in the Job Creation Law related to environmental problems? The method in this research is juridical normative with analytical descriptive specifications which conclude that in the Cipta Karya Law there is no longer a strict criminal sanction, but administrative sanctions are emphasized so that many business actors can repeatedly make environmental crime violations. This is reinforced by the amendment and elimination of articles in the UUPPLH so that space for people affected by industry is considered a form of deprivation of community rights and environmental permits issued by small to large industries cannot be contested. Even though the environmental permit requirements must have an Amdal. And Amdal is now in the hands of the central government.

Copyright

© 2021, 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  - Prastiyo Triwibowo
AU  - Alvi Syahrin
AU  - Suhaidi
AU  - Ningrum N. Sirait
PY  - 2021
DA  - 2021/10/21
TI  - Legal Problems in the Job Creation Act in the Environmental Sector
BT  - Proceedings of the 1st UMGESHIC International Seminar on Health, Social Science and Humanities (UMGESHIC-ISHSSH 2020)
PB  - Atlantis Press
SP  - 633
EP  - 637
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211020.090
DO  - 10.2991/assehr.k.211020.090
ID  - Triwibowo2021
ER  -