The Impact of Changes in Criminalization in the Law on Environmental Protection and Management by the Job Creation Law on Achieving a Deterrent Effect for Environmental Offenders
1Muhammad Natsir, 2Zaki Ulya, 3Andi Rachmad, 4Liza Agnesta Krisna

Faculty of Law Samudra University

Abstract

Criminal regulation in environmental management is an important instrument to enforce ecological law effectively. In Indonesia, criminal arrangements are clear in Law Number 32 of 2009 concerning Environmental Protection and Management, and various views of ecological law experts emphasize that criminal sanctions are needed to create a deterrent effect and ensure environmental sustainability. In different international forums, such as the Conference of the Parties (COP) in the framework of the Climate Change Convention, many countries encourage stricter enforcement of criminal law to address transnational environmental crimes. This shows the importance of criminal regulation not only at the national level but also in a global context. The enactment of Law No. 11 of 2020 concerning Job Creation has amended the Environmental Protection and Management Law by removing several criminal provisions so that it shows that the Job Creation Law focuses more on administrative sanctions mechanisms rather than criminal sanctions to reduce the deterrence against violations that have the potential to damage the environment. a Weakening supervision and law enforcement in environmental protection. the elimination of criminal sanctions and replacement with administrative sanctions can reduce the deterrent effect for violators. The purpose of this paper is to find out the legal arrangements for environmental crimes and their impact on changes in criminal provisions in the Environmental Protection and Management Law. The method used in this paper is normative jurisprudential legal research, with a focus on identifying criminal sanctions against perpetrators of environmental crimes, using a statutory approach. The overall results of the research show that with the repeal of several criminal provisions in the Environmental Protection and Management Act, the criminal provisions in environmental management lack a deterrent effect. The reintroduction of strong criminal provisions is an important component in maintaining the balance between economic development and environmental protection.

Keywords: Impact of Criminal Amendment, Environmental Protection and Management Law Workmanship Law, Deterrent Effect, Perpetrators of Environmental Offences

Topic: Social Sciences and Humanities