Kajian Yuridis Terhadap Putusan Pengadilan Negeri Kisaran No. 508/Pid.Sus-LH/2016/PN.Kis Mengenai Galian C Dalam Perspektif Tindak Pidana Llingkungan Hidup

Abstract

The form of environmental crime is crime. The elements of offense are not only aimed at the act of pollution and / or environmental damage but are aimed at corporate criminal acts, environmental permits up to Amdal certification, and are aimed at officials authorized to intentionally commit environmental crimes. The proof mechanism in law enforcement of environmental crimes is still using the verification system contained in the Criminal Procedure Code. This research was conducted using a problem approach in the form of a normative juridical approach and juridical review. Therefore the data used is in the form of data from the Range District Court Decisions obtained from field research and secondary data from research. Based on the results of the research and discussion, the following conclusions were obtained: (1) the licensing arrangement in Kisaran namely licensing law is a public law whose implementation is carried out by the government both at the central and regional governments as state apparatus considering the licensing law is related to the government then the media mechanism can be said that the licensing law including the State Administrative Law or Governance law as we know the government is: as guidance and control from the community and one of the functions of the government in the field of permit development and control is giving permission to certain communities and organizations which is an administrative control mechanism that must be carried out in government practice. 2) Factors causing environmental crime are in Law No. 32 of 2009 CHAPTER 1, Article 1 paragraph 14: "Environmental pollution is the entry or inclusion of living things, substances, energy, and / or other components into the living environment by activities humans so that they exceed the prescribed environmental quality standards "3) Accountability There are five factors at the macro level that have a major influence on law enforcement decisions, namely: a. General policy, looking at the authority and priority of environmental law enforcement in the framework of protecting the environment. B. The country's economic performance will affect the enforcement of environmental law. C. Social instability and security conditions within the country will affect environmental law enforcement. Bureaucracy, bureaucratic structure both centralized, decentralized and decocentrated will affect the effectiveness, efficiency of enforcement of environmental law and control of the administration of both the central and regional governments. Environmental awareness at the country level is higher in developed countries than in developing countries. This is influenced by decision makers who are not impartial to environmental protection. Based on the conclusions above, suggestions are made as input for law enforcers as follows: a) The need for a law that regulates which officials are authorized in terms of providing permits b) the need for expert experts in agencies that handle cases of environmental crime, c) Need the existence of Legal Counseling in the community, and d) Need for notification to the public to preserve the surrounding environment.