2 research outputs found
URGENSI PIDANA TAMBAHAN DALAM PEMULIHAN KAWASAN HUTAN BERDASARKAN UNDANG -UNDANG LINGKUNGAN HIDUP
Problems regarding the environment in Indonesia, especially in the forest environment, are increasing regardless of how and what types of forest damage exist, so the author conducted research that focuses on forms of resolution of all types of forest damage in Indonesia through additional criminal sanctions in in environmental law. This research was carried out because so far the forms of forest damage carried out by criminals have only received sanctions in the form of imprisonment and fines, therefore in this research examples of decisions are presented which contain several examples of the imposition of additional criminal sanctions and then analyzed. to get answers to the problems that are the author's focus point. This research was carried out because the direct impact of the damage itself is to living creatures as well as nature and they certainly also need a number of treatments to return to the good category. So this research raises problems regarding its existence regulation of additional criminal sanctions in the UUPLH as an effort to restore forest damage in Indonesia and the benefits of imposing additional criminal sanctions for the restoration of forest damage in Indonesia. This research uses a normative juridical methodCase approach (Case Approach) and legislation. The legal material collection technique uses literature study, analysis of cases that have been provided and additional interviews with ICEL resource persons as secondary data. The results of the research show that based on Article 119 of the Environmental Law, there are several forms of additional criminal sanctions, namely confiscation of profits obtained from criminal acts, closure of all or part of business premises and/or activities, repairs resulting from criminal acts. Obligation to carry out what was neglected without rights and/or Placement of the company under guardianship for a maximum of 3 (three) years. So the form of repair resulting from criminal acts is recovery by eliminating sources of pollution and cleaning up polluting materials, recovery by modernization, recovery by reforestation, recovery by rehabilitation. Then to answer the benefits of environmental improvements in the form of area restoration, namely efficiency of recovery time, cheaper financing, the flora and fauna ecosystem recovers quickly. The conclusion of this research is that the provision of additional criminal sanctions which are then given in the decision can have a greater good impact, namely the effectiveness of the time it takes for nature to regenerate its body to return to a good standard more quickly and also to stop additional negative impacts due to destruction. From the results of the research above, suggestions were obtained, namely reviewing all types of regulations regarding additional criminal sanctions that exist in environmental law and forestry law as well as the need for additional explanations regarding the execution of additional criminal sanctions that have been decided by the court