Journal of Water and Climate Change (Oct 2023)
Perspectives of sustainable development vs. law enforcement on damage, pollution and environmental conservation management in Indonesia
Abstract
This study uses a normative juridical method based on literature studies to obtain secondary data sourced from primary, secondary, and tertiary legal materials. Specifications of research are analytically descriptive. The data analysis method used is qualitative juridical. The results of the study show that overall government policies on environmentally friendly management have not been able to overcome the conflicts that often arise between the goals of environmental preservation and the goals of economic development. As a solution to overcome these obstacles, it is necessary to enforce criminal law, in addition to imposing material punishments (requiring proof) for crimes which are genetic crimes, it is also necessary to apply formal offenses (no need for proof) for crimes which are specific crimes. The process of enforcing environmental law from the aspect of criminal law will be more successful if it is handled by agencies that technically and institutionally deal with environmental issues. In addition, the concept of sustainable development must be implemented in the legal system for environmental management. In the future, it is necessary to develop coordination between law enforcement officials who are assembled. HIGHLIGHTS The enforcing environmental law from the aspect of criminal law must be handled by institutions dealing with environmental issues.; The concept of sustainable development must be implemented in a system of laws regarding environmental management.; To overcome the problems of pollution and environmental destruction, in the future, it is necessary to establish coordination.;
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