DAMPAK PENGHAPUSAN KETENTUAN PIDANA PENCEMARAN LIMBAH B3 OLEH KORPORASI INDUSTRI KELAPA SAWIT DALAM UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA

Annisa Rahmi Wijaya, Yandriza, Tenofrimer — Sat, 11 Jan 2025 00:00:00 +0700

The Palm Oil industry produces Hazardous and Toxic Waste (B3). However, along with the development of legal regulations in Indonesia, Law Number 6 of 2023 concerning Cipta Kerja was born. This legal reform has an impact on several changes in a statutory provision, one of which is the provision regarding the environment. One of the changes in the ratification of the Job Creation Law is the elimination of criminal sanctions for environmental crimes which are replaced with administrative sanctions. The provisions in the Job Creation Law that abolish Article 102 of the UUPPLH where the abolition of this article can no longer be subject to criminal liability to any person who manages B3 waste without a permit. The research used is normative legal research using the Status Approach. This research is descriptive in nature which is organized systematically. The results of the study state that the impact of the palm oil industry on B3 waste pollution provides convenience for corporations, but reduces the quality of life of the surrounding community. This also affects environmental legal protection, such as the lack of deterrent effects, non-optimal ecological recovery, and poor environmental supervision. With the Cipta Kerja Law, corporations are only subject to administrative sanctions for such violations

Implementasi Prinsip Ultimum Remedium Terhadap Keterlanjuran Kegiatan Perkebunan Kelapa Sawit di Dalam Kawasan Hutan Berdasarkan Undang-Undang Cipta Kerja

Syafira Almutahaliya — Sat, 04 Jan 2025 00:00:00 +0700

The provision in Article 37 number 20 of the Cipta Kerja, regulates the Ultimum Remedium Principle against the continuation of oil palm plantation activities which is reflected in the insertion of Articles 110A and 110B between Article 110 and Article 111 of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction. This research will answer the problem of how the implementation of the Ultimum Remedium Principle against the continuation of oil palm plantation activities in forest areas based on the Job Creation Law and how are the obstacles in the Implementation of the Ultimum Remedium Principle against the continuation of oil palm plantation activities in forest areas by the West Sumatra Provincial Forestry Service. The research method used is empirical legal research using primary data obtained by interviewing the Forest Damage Control and Security Section in the Forest Protection and Conservation of Natural Resources and Ecosystems Division of the West Sumatra Provincial Office. Based on the results of the research, the application of the ultimum remedium principle to the continuation of oil palm plantation activities in forest areas is resolved by applying for a permit by paying forest resource provisions and reforestation funds to the state treasury. Then for everyone who lives around or in the forest area for five consecutive years, can be subject to exclusion or maximum subject to administrative sanctions in the form of temporary suspension of business activities, payment of administrative fines or government coercion. Then the obstacles to the implementation of the ultimum remedium principle against the continuation of oil palm plantation activities in forest areas are in the form of technical problems in the field such as, lack of public understanding, uncooperativeness of authorized officials, and misappropriation by law enforcement officers.

Delicti : Jurnal Hukum Pidana Dan Kriminologi

DAMPAK PENGHAPUSAN KETENTUAN PIDANA PENCEMARAN LIMBAH B3 OLEH KORPORASI INDUSTRI KELAPA SAWIT DALAM UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA

Implementasi Prinsip Ultimum Remedium Terhadap Keterlanjuran Kegiatan Perkebunan Kelapa Sawit di Dalam Kawasan Hutan Berdasarkan Undang-Undang Cipta Kerja