REKONSTRUKSI TINDAK PIDANA LINGKUNGAN HIDUP DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009

Abstract

The focus of the study in this research is part of a study of criminal law policies, especially on the reconstruction of environmental crimes in Law Number 32 of 2009 concerning Environmental Management and Protection (UUPPLH). Environmental crimes in UUPPLH work as ultimum remedium with ongoing environmental damage, as well as several unclear criminal formulations, will result in stagnation of justice and legal certainty in a law. The practice of law enforcement against the law will also not run optimally. So this paper will review how to reconstruct environmental crimes in UUPPLH? By using normative research methods with a regulatory-legislative approach and a contextual approach. The author will see by using optical policy formulation so as to find conclusions and recommendations on the need for environmental crime regulations in the Criminal Code or laws in particular. UUPPLH is inconsistent with the rules for formulating criminal acts that depend on administrative and independent administrative criminal acts, the method of formulating criminal sanctions also determines penalties with a criminal threat of more than 1 year, this is inconsistent with administrative laws that have criminal sanctions.

Keywords: Reconstruction, Criminal Act, Environment