Environmental Issues And Environmental Law Enforcement In Indonesia In The Perspective Of Law Number 32 Of 2009

The rise of increasingly serious environmental cases, one of which is related to problems in the forestry sector, has prompted the birth of Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH). In this research, the approach used is Juridical-Normative, with a dogmatic type of research, a descriptive research form of legal relations. This research is limited to descriptive-analytical research on criminal policies in environmental law enforcement. The source of all environmental problems is development carried out without paying attention to environmental balance factors which in turn will cause environmental damage and pollution. Legal action taken against perpetrators of environmental pollution and destruction consists of administrative aspects, civil aspects, and criminal aspects. Law enforcement itself needs to be supported by several factors, namely legal means, law enforcement officers, facilities and infrastructure, permits, the Amdal system, and public legal awareness of the environment.


Introduction
The increasingly widespread environmental situation makes environmental problems complex and interesting to study in more depth.According to Mattias Finger, the current global environmental crisis is at least partly caused by several factors, including wrong and unsuccessful policies, ineffective and even destructive technology, low political commitment, ideas and ideologies that ultimately harm the environment, and deviant actions and the 'disappearing' behavior of state actors, ranging from transnational corporations to the spread of cultural patterns such as consumerism and individualism, and politically discommitted societies (Wijayanti, 2023).
The background to the birth of Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH) is the rise in cases relating to the environment which are becoming increasingly worrying, one of which is related to problems in the forest.(Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup (UU PPLH), n.d.)The large environment, natural resources, and social justice for human existence by paying attention to HAL (Environmental Rights) of present and future generations.The environment must also be considered and maintained for the sake of survival, not just growth and development.This must be highlighted (Fahruddin, 2019).
This article discusses how the enforcement of environmental regulations in Indonesia is seen from the implementation of administrative law, criminal law, and civil regulations regarding UUPPLH.This research is included in normative legal research, namely, legal research carried out by examining library materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials.1 The legal materials used in this research consist of primary legal materials that are authoritative, 2 of them include the 1945 Constitution of the Republic of Indonesia, Law Number 32 of 2009 concerning Environmental Protection and Management, the Criminal Code (KUHP) and the Civil Code (KUHPerdata)

Materials and Methods
The approach used is Juridical-Normative, with a dogmatic type of research, a descriptive research form of legal relations.This research is limited to descriptive-analytical research on criminal policies in enforcing environmental laws, especially laws.No. 32 of 2009 in Indonesia by describing the legal facts and criminal provisions in the Environmental Management Law.
This research was built based on secondary data in the form of theory, meaning, and substance from various literature and statutory regulations, as well as primary data obtained from interviews, observations, and field studies, then analyzed with normative laws, theories, and expert opinions.related matters, so that conclusions can be drawn regarding the meaning of criminal law policies related to environmental management and the alleviation of environmental problems in society in the future.

Application of Law in Environmental Law Enforcement in Indonesia
Even though development is necessary to improve welfare and solve various problems, history shows that development sometimes has detrimental impacts.Apart from exacerbating existing environmental and social problems, unsustainable development ideas that are detrimental to the environment will also give rise to the emergence of new environmental problems, such as the destruction of forests and land, damage to beaches and seas, and air pollution., water, and land, urban environment, sociological, and air problems.
Regarding environmental management policy issues, the government issued Law Number 23 of 1997 which was refined through the issuance of Law Number 32 of 2009 concerning Protection and circumstances management.The issuance of Law Number 32 of 2009 appears to be aimed at further strengthening aspects of environmental planning and law enforcement, which can be seen from the structure of the law which is more dominant in regulating aspects of planning and law enforcement.However, there is a quite glaring gap in Law Number 32 of 2009, namely the absence of articles and verses that touch on the commitment of stakeholders to slow, stop, and reverse the rate of environmental destruction.(ErmanRajagukguk dan Ridwan Khairandy, 2001) Community welfare is seriously threatened due to environmental pollution and damage.In addition, the business world involved in various industries, such as mining, forestry, etc., is responsible for environmental pollution and damage.If this happened, the entire human population on this planet would be wiped out, not just one or two.Therefore, law enforcement needs to be given maximum focus and authority, especially for business actors who cause harm and pollute the environment.
Koesnadi Hardjasoemantri took Moenadjat's opinion, that environmental law is Modern Environmental Law which sets provisions and norms to regulate human actions to protect the e-ISSN: 2723-6692  p-ISSN: 2723-6595 environment from damage and decline in quality, to ensure its sustainability so that it can be used by current and future generations.Classical Environmental Law or use-oriented law establishes norms with the main aim of ensuring the use and exploitation of environmental resources using various human intelligence and intelligence to achieve maximum results in the shortest period.It was also stated that there is a mistaken opinion which states that law enforcement is only through court processes.Besides that, it seems as if law enforcement is solely the responsibility of law enforcement officials.Law enforcement is the obligation of all members of society so an understanding of rights and obligations is an absolute requirement.(Hermien Hadiati Koeswadj, 1993) Hamzah thinks that the definition of environmental law enforcement according to Nottie Handhaving Milieurecht is monitoring, enforcing, or threatening to make legal provisions and regulations that apply both generally and specifically through the use of administrative, criminal, or civil instruments.To ensure compliance with regulations that run parallel to criminal law investigations, the government must carry out supervision.(MarpaungLeden, 1997) To ensure the preservation of environmental functions, every company operating in various fields of activity is required to do the following things.a. Companies are required to have an Environmental Impact Analysis (Article 22 paragraphs (1), and (2), Article 23 paragraphs (1) and (2), Article 24, Article 25, Article 26 paragraphs (1), ( 2), ( 3) and ( 4), Article 27, Article 28 (1), ( 2), ( 3) and ( 4), Article 29 paragraphs (1), ( 2) and ( 3), Article 30 paragraph (1), ( 2) and ( 3), Article 31, Article 32 (1), ( 2) and ( 3) and Article 33 of Law Number 32 of 2009 concerning Environmental Protection and Management).Environmental impact analysis is a study of the large and important impact of a planned business and/or activity on the environment which is necessary for the decision-making process regarding the implementation of the business and/or activity.b.Every business and/or activity that is not included in the mandatory AMDAL criteria is required to have Environmental Management Efforts and Environmental Monitoring Efforts called UKL-UPL (Article 34 paragraphs (1) and ( 2 2), Article 59 paragraphs (1), ( 2), ( 3), ( 4), ( 5), ( 6) and ( 7) Law Number 32 of 2009 concerning Environmental Protection and Management).Law enforcement is a term that has a variety of meanings.According to Satjipto Rahardjo, law enforcement is defined as a process of realizing legal desires, namely the thoughts of law-making bodies which are formulated and stipulated in legal regulations, then become a reality.(Satjipto Rahardjo, 1983) Satjipto Rahardjo continued: "The essence of law is an effort to bring order to society so that life together can run smoothly.This effort includes actions that are thought to be taken to measure human behavior.(Satjipto Rahardjo, 1980) Meanwhile, Soedarto defines law enforcement as paying attention to and working on unlawful acts that occur (onrecht in actu) as well as unlawful acts that may occur (onrecht in potentie).(Soedarto, 1986) A similar thing was also expressed by Soerjono Soekanto who stated that: "the activity of harmonizing relationships between values which are outlined in solid principles and manifested in attitudes and actions as a series of final stages in the elaboration of values, to create, maintain and maintain peace and Associations.Conceptually, social life is a place where the essence and objectives of law enforcement are found."(Soerjono Soekanto, 1993) Likewise, it was formulated in the 4th National Law Seminar Report that: "Law enforcement is the totality of activities of those implementing law enforcement, justice, and the protection of human dignity, peace, and legal certainty, by the 1945 Constitution."(Barda Nawawi Arief, 1998) The success of law enforcement is influenced by several factors, and these factors have a close relationship and influence each other.According to Soerjono Soekanto, these factors are: (Soerjono Soekanto, 1993) a.The legal factors themselves; b.Law enforcement factors, which include officials or institutions that form and implement laws; c.Facilities supporting law enforcement factors; d.Community factors; e. Cultural factors, namely as a result of creative works and feelings based on humans and social life.Therefore, companies that pollute and destroy the environment can be given legal action, namely as follows: (Barda Nawawi Arief, 1998)

Administrative sanctions
Administrative sanctions are the first legal action given to companies that pollute and damage the environment.Administrative sanctions have an instrumental function, namely preventing and overcoming prohibited acts, and are primarily aimed at protecting the interests protected by the violated legal provisions.
Environmental law enforcement can be carried out preventively and repressively.Preventive law enforcement means that active supervision is carried out in compliance with regulations without direct incidents involving concrete events that give rise to suspicion that legal regulations have been violated.This effort can be carried out by monitoring and using supervisory authority.(Article 71 paragraphs (1), ( 2) and ( 3 When laws are violated, repressive law enforcement is used to stop unlawful behavior.The governor has the authority to act in this situation, or through regional regulations.The Governor can delegate this authority to the Regent or Mayor.In addition, if there are certain violations, for example, residents whose health is affected due to environmental pollution and/or damage, the Regional Head or interested parties can apply to the appointed official to revoke the business permit. Law Entrepreneurs should be taught the value of beneficial pollution avoidance in addition to administrative oversight (Beneficial pollution avoidance).The focus of this idea is on initiatives to prevent pollution or environmental damage during the production process by implementing cleaner technology to achieve higher production efficiency and effectiveness, which then increases business profits while preserving the environment.

Civil Sanctions
Civil sanctions are the second legal action given to companies that pollute and damage the environment.Based on article 84 of Law Number 32 of 2009, it is explained that in resolving environmental disputes to sue for compensation and/or environmental restoration costs, namely: 1) Settlement of environmental disputes outside of court.2) Settlement of environmental disputes through court.
Settlement of environmental disputes outside the court according to Article 85 and Article 86 of Law Number 32 of 2009 concerning Environmental Protection and Management states that the resolution of environmental disputes outside the court is carried out to reach an agreement regarding the form and amount of compensation and/regarding certain actions to ensure the occurrence or recurrence of negative impacts on the environment.This is carried out voluntarily by interested parties, such as parties who have been injured or harmed, related government agencies, and perhaps also parties with an interest in environmental management.The parties usually express the legal consequences of environmental mediation in the written mediation agreement, which is considered legally binding as a contract subject to the Civil Code.Settlement using this method is carried out through environmental mediation.However, it is important to remember that environmental mediation does not include handling the criminal component.What is resolved only concerns the civil aspects, so even if the agreement is carried out, this will not be an obstacle to carrying out criminal charges.
Settlement of environmental disputes through the courts according to Articles 87 to Article 93 of Law Number 32 of 2009 concerning Environmental Protection and Management states that the resolution of environmental disputes through the courts is carried out to resolve compensation, environmental restoration, absolute responsibility, and expiry date for submissions.lawsuits, rights to sue the government and regional governments, rights to sue the community, rights to sue environmental organizations and administrative lawsuits.

1) Compensation
Those responsible for businesses, commercial activities, or organizations are obliged to provide compensation and/or take certain actions for any unlawful acts that result in environmental pollution and destruction that harm other people or the environment.The judge can also decide on the payment of forced money for each day of delay in a particular task, in addition to the burden of carrying out the particular action in question.The legal requirements of this clause are an application of the polluter pays principle, a concept from environmental law.Judges have the authority to impose additional obligations on polluters and environmental damage, such as making repairs to environmental pollution and damage, in addition to compensation obligations.

2) Absolute Responsibility
The person in charge of a business and/or activity whose business causes a large and important impact on the environment using dangerous and toxic materials is responsible for the losses that occur without the need to prove the element of fault.
3) Expired Grace Period for Filing a Lawsuit The time limit for filing a lawsuit expires according to the provisions of the relevant Civil Procedure Law and is measured when the victim is aware of environmental pollution and/or damage.Expiration provisions do not apply to pollution or activities that use or produce hazardous or toxic materials or waste.4) The Government and Regional Government's Right to Suit The authority to submit claims for compensation and take certain legal action against companies and/or activities that cause environmental pollution and/or damage resulting in environmental losses rests with government agencies and local governments responsible for the environment.

5) Community's Right to Complaint
The public has the right to file a class action lawsuit for its interests and/or the interests of the community if it experiences losses due to environmental pollution and/or damage.

6) Environmental Organizations' Right to Suit
Environmental groups have the right to file a lawsuit to carry out their obligations to protect and manage the environment to protect the function of the environment.The ability to file a lawsuit is limited to requests for specific actions, but not for money other than legitimate costs or expenses.G. Administrative Lawsuits: If a State administrative agency or authority grants an environmental permit, anyone may file a lawsuit to challenge the decision.Business permits that do not have UKL-UPL documentation for business actors or business operations, are not accompanied by Amdal documents, and do not have the required AMDAL.

Criminal Sanction
The final component of legal action is criminal sanctions.Companies that pollute and destroy the environment are subject to criminal sanctions to make them more aware of the mistakes they have committed.These consequences are primarily intended to protect public interests which are protected by the violated laws and regulations.In addition, this serves to deter or stop potential perpetrators from carrying out actions that endanger the environment.Regulations apply to environmental issues, meaning that it must be based on the laws in force at the time the act was committed and the error must be known to impose criminal penalties on the company.This is known as the principle of legality.
Criminal provisions are contained in Articles 97 to Article 120 of Law Number 32 of 2009 concerning Environmental Protection and Management.
Article 98 of Law Number 32 of 2009 concerning Environmental Protection and Management states: 1) Every person who intentionally commits an act that results in exceeding air quality standards, ambient quality standards, water quality standards, seawater quality standards, or environmental damage standard criteria, shall be punished by imprisonment for a minimum of 3 (three) years and a maximum of 10 (ten) years and a fine of at least Rp.3,000,000,000.00 (three billion rupiah) and a maximum of Rp. 10,000,000,000.00(ten billion rupiah).2) If the act as intended in paragraph (1) results in injuries to people and/or danger to human health, they will be punished with imprisonment for a minimum of 4 (four) years and a maximum of 12 (twelve) years and a fine of at least Rp.4,000,000,000.00 (four billion rupiah) and a maximum of Rp. 12,000,000,000.00(twelve billion rupiah).3) If the act as intended in paragraph (1) results in serious injury or death to a person, he will be punished with imprisonment for a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a fine of at least Rp.5,000,000,000.00 (five billion rupiah) and a maximum of Rp. 15,000,000,000.00(fifteen billion rupiah).
If an environmental criminal act is committed on behalf of a business entity or company, criminal charges, and criminal sanctions are imposed on the business entity the person who gave the order to commit the criminal act, or the person who acted as the leader of the activity in the criminal act (Article 116 paragraph (1) and (2) Law Number 32 of 2009 concerning Environmental Protection and Management).
The criminal threat as stated in the articles of Law Number 32 of 2009 concerning Environmental Protection and Management is imprisonment and a fine.Apart from that, there are additional criminal or disciplinary measures against business entities in Article 119 in the form of: 1) Confiscation of profits obtained from criminal acts.2) Closure of all or part of business premises and/or activities.
3) Repairing the consequences of criminal acts.4) Obligation to do what is neglected without rights.5) Placement of the Company under supervision for a maximum of 3 (three) years.

Obstacles to Enforcing Environmental Law in Indonesia
In enforcing environmental law, various obstacles result in the ineffectiveness of supporting factors in enforcing environmental law.Many regulations have been issued by the government, but in their implementation in the field there are still obstacles encountered, namely as follows: 1) Legal Means The use of legal instruments is a limitation and obstacle to environmental law enforcement.The various operational policies put forward often conflict with environmental management and protection guidelines contained in Law Number 32 of 2009 and other related laws.that in efforts to enforce environmental law, the success of law enforcement will be more influenced by the humanitarian aspect of its implementation rather than legal factors alone.
2) Law Enforcement Officials Many environmental cases are hampered because the number of professional law enforcement officers capable of handling environmental cases is still very limited.Besides that, we cannot expect law enforcers to be able to control various aspects of the environment.Because the environment covers very broad and complex aspects relating to various scientific disciplines.Limited knowledge and understanding of environmental aspects by law enforcers is a very dominant constraining factor in efforts to create a common perception of handling environmental cases.

3) Facilities and Facilities
Facilities and means are tools to achieve environmental law enforcement objectives.The absence or limitations of supporting facilities and means (including funds), will greatly affect the success of environmental law enforcement.The reality shows that handling environmental cases will involve various sophisticated technological devices (laboratory equipment), which for operational purposes require experts and are quite expensive.

4) Licensing
Licensing is indeed one of the problems that provides more opportunities for the development of environmental problems than limiting them.Because Article 36 of Law Number 32 of 2009 can still be bypassed by entrepreneurs, especially if the permit in question is a permit granted by the Ministry of Industry after a company is ready to produce.

5) Environmental Impact Analysis System (AMDAL)
AMDAL places more emphasis on fulfilling administrative requirements than substantive requirements.This shows that the high need for AMDAL is caused by a series of business license requirements or is considered a requirement to obtain a loan agreement or investment permit.Even affected communities do not know for sure whether an activity will be carried out because transparency procedures and mechanisms for opening AMDAL documents to the public do not go according to plan.6) Community Legal Awareness of the Environment Appropriateness and compliance with legal (environmental) provisions are indicators of public legal awareness.According to environmental management legislation, community engagement is the main component, in addition to the existence of law enforcement, to achieve legal objectives through law enforcement by implementing environmental law.The public's legal awareness of the environment is still limited due to the public's unfamiliarity with environmental aspects and not knowing the consequences that will arise if they pollute and destroy the environment.For this reason, efforts are needed such as counseling, guidance, role models, and community involvement in overcoming environmental problems.For this reason, law enforcement activities with educationalpersuasive and preventive dimensions need to be increased and encouraged again.

Conclusion
The rise of increasingly serious environmental cases, one of which is related to problems in the forestry sector, has prompted the birth of Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH).Environmental law is a set of rules that regulate how humans must behave about the environment.The application of these rules can be enforced through the use of punishment by the authorities.
Administrative, civil, and criminal legal actions are taken against parties who pollute and destroy the environment.Administrative consequences include written warnings, government According to Article 116 paragraphs (1) and (2) of Law Number 32 of 2009, if an environmental criminal act is committed in the name of a business entity or firm, then the business entity or person who gave the order to commit the criminal act is subject to criminal sanctions criminal prosecution and punishment, both the perpetrator of the criminal act and the perpetrator who directed the criminal act.According to these articles, imprisonment, and fines are criminal threats.Article 119 of Law Number 32 of 2009 concerning Environmental Protection and Management includes additional criminal or administrative proceedings that can be carried out against corporate companies.
Several factors hinder law enforcement, namely legal facilities, law enforcement officers, facilities and infrastructure, permits, the EIA system, and public legal awareness of the environment.
), Article 35 paragraph (1), ( 2) and (3) Law Number 32 of 2009 concerning Environmental Protection and Management).c.Companies are required to manage hazardous and toxic materials.Management of hazardous and toxic materials includes: Producing, Transporting, Distributing, Storing, Using, and/or Disposing.Management of Hazardous and Toxic Materials and Waste of Hazardous and Toxic Materials (Article 58 paragraphs (1) and ( ), Article 72, Article 73, Article 74 paragraphs (1), (2) and (3), Article 75 Law Number 32 of 2009 concerning Protection and Management Environment.
Number 32 of 2009 concerning Environmental Protection and Management, in Article 76 paragraph (2) Administrative sanctions consist of: 1) Written warning.2) Government Coercion.3) Suspension of environmental permits.4) Revocation of environmental permits.Article 80 paragraph (1) Government coercion as intended in article 76 paragraph (2) letter b takes the form of these: a) Temporary cessation of production activities.b) Transfer of production facilities.c) Closure of wastewater or emissions channels.d) Demolition.e) Confiscation of goods or tools that have the potential to cause violations.f) Temporary suspension of all activities.g) Other actions aimed at stopping violations and actions to restore environmental functions.
e-ISSN: 2723-6692  p-ISSN: 2723-6595 e-ISSN: 2723-6692  p-ISSN: 2723-6595 coercion, freezing of environmental permits, and cancellation of environmental permits, by Article 76 paragraph (2) of Law Number 32 of 2009 concerning Environmental Protection and Management.Meanwhile, resolving environmental disputes can be done in two ways, namely by resolving environmental disputes outside of court and resolving environmental disputes through court, according to Article 84 of Law Number 32 of 2009 which states that demanding compensation and/or restoration costs environment, there are two paths.