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Environmental Crimes | Hukum Positif Indonesia

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Indonesian Positive Law-

In this description it is stated regarding:

Environmental Management Objectives

In the provisions of Article 3 of Law Number 32 of 2009 concerning Environmental Protection and Management, it is stated that the objectives of environmental protection and management are as follows:

  1. Protecting the territory of the Unitary State of the Republic of Indonesia from pollution and environmental damage.
  2. Ensuring the safety, health and life of people.
  3. Ensuring the survival of living things and the preservation of ecosystems.
  4. Maintaining the sustainability of environmental functions.
  5. Achieve harmony, harmony, and balance of the environment.
  6. Ensuring the fulfillment of justice for current and future generations.
  7. Ensuring the fulfillment and protection of the right to the environment as part of human rights.
  8. Controlling the wise use of natural resources.
  9. Anticipate global environmental issues.

Considering the purpose of environmental protection and management mentioned above as stated in the form of laws and regulations, any actions, actions or activities that are not in accordance with the objectives of Law Number 32 of 2009 concerning Environmental Protection and Management may be subject to sanctions, both administrative sanctions and criminal sanctions.

Acts That Are Environmental Crimes

On this occasion, it will be conveyed in an outline about actions that can be subject to criminal sanctions related to violations of environmental protection and management as regulated in Law Number 32 of 2009 concerning Environmental Protection and Management.

Things that can be subject to criminal sanctions in environmental protection and management are:

  1. Does not have an environmental permit and does not have an amdal or UKL-UPL.
  2. Authorized officials, issue environmental permits without being equipped with environmental documents.
  3. Dumping waste into environmental media without permission.
  4. Entering B3 which is prohibited according to laws and regulations into the territory of the Unitary State of the Republic of Indonesia.
  5. Does not have a B3 waste management permit.
  6. Entering waste originating from outside the territory of the Unitary State of the Republic of Indonesia into the environmental media of the Unitary State of the Republic of Indonesia.
  7. Releasing genetically modified products to environmental media in contravention of regulatory regulations or environmental permits.
  8. Clearing land by burning.
  9. Authorized officials do not supervise the observance of the person in charge of a business or activity to the provisions stipulated in the laws and regulations in the field of environmental protection and management.

Criminal provisions that outline the elements of the seizure of environmental crimes and their sanctions are regulated in Article 97 – Article 120 of Law Number 32 of 2009 concerning Environmental Protection and Management. -RenTo221222-

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