The Functionalization of the Ultimum Remedium Principle Towards the Implementation of Criminal Actions Environmental License in the Perspective of Environmental Criminal Law in Indonesia

Abstract

Environmental law is a juridical instrument for environmental management which basically includes structuring and enforcement consisting of administrative law, civil law and criminal law. Environmental law enforcement is considered a tool (an end) which functions as a statutory regulation regulating waste quality standards. In Law Number 23 of 1997 concerning Environmental Management, there are several differences with the UUPPLH Number 32 of 2009, which is the application of the subsidiarity principle of criminal law in Environmental Law Enforcement. The application of the subsidiarity principle in environmental law enforcement according to this study is not measurable, subjective and has no legal certainty. There is a debate in the settlement of environmental disputes that must be analyzed, namely whether the application of criminal law is an ultimum remidium (last resort) or a premium remidium (the main effort). The type of research is normative legal research that uses qualitative juridical analysis techniques with literature study and document observation. So from the research results it can be concluded that in formal criminal acts, the role of administrative law must be prioritized in solving environmental problems, after these efforts are ineffective, then criminal law is optimized as a last resort. This is clarified by the UUPPLH on point 6, which states that the function of criminal law against formal environmental law offenses is ultimum remedium because criminal law is a complement to administrative law and civil law. However, for serious crimes and causing public unrest, environmental criminal law is not an ultimum remedium but a premium remedium.