The Criminal Law Enforcement Toward Violation of Environmental Permit

摘要

Environmental issues in the development of urban areas namely licensing become the main tools in the context of creating a sustainable environment. The implementation of criminal law enforcement for violations of environmental permits due to inconsistencies between regulations in terms of granting Building Permits has been applied through the aspect of the law enforcement instead of concerning the ambiguity in terms of texts in statutory regulations. However, focus more regarding the context in which the law grows and develops, namely in the community. The purpose of this study is to understand the application of environmental criminal sanctions, especially in terms of licensing aspects that can provide legal certainty. By using the juridical normative method, that legal norms have governed a good and healthy environment and constitute human rights and constitutional rights for every citizen. The reality of law enforcement regarding licensing issues in environmental law includes Amdal or UKL-UPL which must be owned by business actors or initiators of activities, as mandated through Law No.32 of 2009 concerning Environmental Protection and Management. These basic norms become the legal basis into technical regulations in the form of Regional Regulations as a local regulation that must be synchronous and harmonious with the existing regulations. Synchronization and harmonization of norms is an absolute prerequisite to ensure legal certainty which is the ultimate goal of the process of working with the law in the dynamics of social change.