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VOL. 6, ISSUE 1 (2024)
The principle Of Ultimum Remedium in enforcement of environmental crime laws in Indonesia and Malaysia
Authors
Beny Siswanto
Abstract
The application of the ultimum remedium
principle will make it difficult for law enforcers to enforce environmental
criminal law, with this principle it can shackle law enforcement officials in
carrying out environmental law enforcement duties, besides it can also harm the
environment because the perpetrators of violations of water quality standards.
This research examines the insynchronization and urgency of legal norms in the ULTIMUM
Remedium Principle in law enforcement for environmental crimes in Indonesia
and Malaysia. The case approach in doctrinal approach research aims to study
the application of law norms or rules carried out in legal practice. The
concept approach was used because this research examined the application norms
of law in Indonesia, while Malaysia prioritizes the implementation of the
principle of the primum remedium principle. The repressive efforts need
to be taken in the form of criminal law enforcement to ensure legal certainty
as a basis for the protection and management of natural resources and other
development activities. However, if environmental pollution and damage have
occurred, repression efforts need also be taken, namely, enforcing the law on
environmental crimes and environmental protection in Indonesia. In addition,
strengthening criminal penalties is carried out by providing compensation for
damage. In the case of PT Rafi Kamajaya Abadi (PT RKA) case, it was found that
the PT had a karhutla of 2,560 hectares in West Kalimantan Province (Kalbar)
which was granted by the Sintang District Court (PN) Panel of Judges, on August
8, 2022.
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Pages:112-118
How to cite this article:
Beny Siswanto "The principle Of <i>Ultimum Remedium</i> in enforcement of environmental crime laws in Indonesia and Malaysia". International Journal of Law, Policy and Social Review, Vol 6, Issue 1, 2024, Pages 112-118
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