SASI
Vol 27, No 3 (2021): Volume 27 Nomor 3, Juli - September 2021

Penerapan Asas Primum Remedium Tindak Pidana Lingkungan Hidup

Kania Tamara Pratiwi (Fakultas Hukum Universitas Mulawarman)
Siti Kotijah (Fakultas Hukum Universitas Mulawarman, Samarinda)
Rini Apriyani (Fakultas Hukum Universitas Mulawarman, Samarinda)



Article Info

Publish Date
07 Oct 2021

Abstract

The principle of primum remedium emphasizes the application of Article 84 of Law Number 32 of 2009 concerning Protection and Management of the Environment, whose actions do not need to be proven, it is clear that committing environmental crimes, which in environmental law enforcement is rarely applied by judges in the Supreme Court decisions. Doctrinal research with the adjudication of judges' decisions. The application of the primum remedium principle in environmental law enforcement in B3 waste cases does not need to be proven and clearly commits pollution and destruction of the environmental environment, thus providing a deterrent effect for perpetrators and anyone who will commit environmental crimes. The formulation of the classification of criminal elements is clearly and firmly regulated in the UUPPLH criminal provisions relating to the application of the two principles of primum remedium and ultimum remedium. The validity of criminal law as primum remedium with Decision Number 487 / Pid.B / LH / 209 / PN Sm, does not pay attention to formal offenses so that environmental crimes can be released from criminal threats. For this reason, the judge's understanding and certification in deciding cases related to environmental law must be evaluated and monitored for the judge.

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Journal Info

Abbrev

sasi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of the articles contained in this journal discusses various topics in the areas of Criminal Law Civil Law Constitutional Law International Law Administrative Law Environmental Law Customary Law and other parts related to contemporary issues in the field of ...