Penal and Non Penal Efforts In Combating Environmental Crimes

Abstract

Besides being beneficial for the welfare of the community, development can also have an impact on the environment, such as pollution and environmental damage. Development has a long-term goal, not only for the current generation but also for generations to come, so development must be sustainable, for that we must look at environmental sustainability in a harmonious and balanced manner. In order to preserve the environment, it is necessary to have legal instruments, so that in Indonesia Law number 32 of 2009 was issued concerning the protection and management of the environment, one of which regulates criminal provisions, although there are already legal instruments and many cases of environmental crimes have been resolved. but there's still a lot that can't be done. In this research, the problem is how penal and non-penal legal efforts are carried out to tackle environmental crimes. The approach method used in this study is a juridical normative approach, the type and source of the data focuses on secondary data, primary data is more supportive. Data collection techniques by conducting library research, equipped with field research. The data analysis was carried out qualitatively. The results show that the prevention of environmental crimes can be done through the penal route which focuses on the repressive nature after the crime has occurred and the non-penal route focuses on the preventive nature. Combating environmental crimes by means of criminal law begins with legislative policies, namely starting from criminalization, formulating the purpose of punishment and determining appropriate and rational types of criminal sanctions, while the non-penal route aims to overcome conducive factors that cause environmental crimes, for example the industrial sector. by using proactive technology that is environmentally friendly (clean technology), with amdal, environmental quality standards, etc.