LEGAL ARRANGEMENTS FOR CRIMINAL ACTS OF ENVIRONMENTAL POLLUTION IN INDONESIA

Environmental law or it can also be called the law of environmental protection and management is a law that is oriented towards the environment or the environment-oriented law. The existence of this environmental law as a means that aims to restore a balanced and harmonious relationship between all subsystems in the entire ecosystem or environment, especially the human environment. The research method is included in the form of normative juridical research with secondary data used. The results of the study indicate that the legal arrangements for perpetrators of criminal acts of environmental pollution are contained in Law Number 32 of 2009 concerning Environmental Protection and Management which is regulated in Articles 96 to 120. The Law on Environmental Protection and Management introduces the threat of minimum punishment. in addition to the maximum, expansion of evidence, punishment for violations of quality standards, integration of criminal law enforcement, and regulation taking into account the ultimum remedium principle which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful. The implementation of law enforcement contained in Law Number 32 of 2009 includes the principles of environmental protection and management that are based on good governance because in every process of formulating and implementing law enforcement and prevention instruments, it is mandatory to integrate aspects of transparency, participation, accountability, and justice. The elements of a criminal act of environmental pollution include: Whoever/Every person or corporation; Intentionally or due to negligence; Doing acts that are prohibited by law; Acts that cause pollution, damage to the environment, or society; Regulated in Law Number 32 of 2009 and Regulated in other laws.


INTRODUCTION
The State of Indonesia has pledged itself as a democratic legal state, as stipulated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia that: "Indonesia is a state of law." This means that Indonesia upholds the rule of law to enforce and position the law in the highest place of everything, make the law a commander or commander in chief, protect and regulate all citizens regardless of their status and position. 1 In the concept of the rule of law, making law a tool that prevents or hinders rulers and humans from acting arbitrarily. The law provides boundaries for individuals and authorities in every social interaction, which provides protection for public peace and justice in the context of realizing public welfare. So that without the enactment of the law and true and fair law enforcement in society, it will lead to chaos and arbitrariness, whether it is carried out by the state or carried out by individual human beings. 2 Of the several kinds of laws that exist in Indonesia, one of which is environmental law.
Environmental problems are not only a concern of a country but have become the center of attention of the international world. Three decades ago the first United Nations (UN) Conference on the environment took place in Stockholm. The conference has made the world aware of the dangers of the environment. This is due to various factors, including the problems that arise in the management and utilization of natural resources which have disrupted the function of life preservation and have even caused environmental pollution and/or environmental damage. 3 Such conditions and circumstances, of course, result in the quality of the environment decreasing and has threatened the survival of human life and other living creatures, so it is necessary to carry out serious and consistent environmental protection and management by all stakeholders. In order to overcome the threats and dangers that have arisen and prevent the emergence of new threats and greater dangers, humans begin to learn the secrets of natural ecosystems and their regulatory systems, so that humans can justify all their mistakes and wrong attitudes and prevent further mistakes. Now slowly developing environmental awareness in modern society, thus growing Environmental Sciences (Environmental sciences). Based on the findings and fairness of environmental science, 1 Abdul Manan, Comparative Politics of Islamic and Western Law, Jakarta, Kencana, 2018, p. 249-250. 2 Abdul Manan, Political Dynamics of Law in Indonesia, Jakarta, Kencana, 2018, p. 317 3 Baerudin, General Guidelines for Environmental Management Techniques, http://cbaeruddin .com/ped omanumum-dik.lat-teknis-pengelolaan-lingkungan-live-di Daerah/, accessed on 12/04/2022, at 10 o'clock :31 WIB. humans began to determine ways and procedures for environmental management that could be accounted for, this was manifested in the legal regulations. 4 The 1945 Constitution as the constitutional basis for the administration of state government in accordance with Article 33 paragraph (3) stipulates that: "Earth, water and natural resources contained therein are controlled by the State and used for the greatest prosperity of the people".
Environmental law or also known as environmental protection and management law is an environment-oriented law. The existence of this environmental law as a means that aims to restore a balanced and harmonious relationship between all subsystems in the entire ecosystem or environment, especially the human environment. 5 In order to regulate the protection and management of the environment based on an integrated and comprehensive national policy, the Government of the Republic of Indonesia The decline in environmental quality coupled with the depletion of natural resource supplies and the emergence of various environmental problems have made people aware of the importance of environmental support and the role of natural resources in human life in the universe. Environmental law has developed rapidly, not only in relation to the function of law as protection and certainty for the community (social control) with the role of "agent of stability", but more importantly as a means of development (a tool of social engineering) with a role as " agent of development" or "agent of Change". 7 4 Andi Hamzah, Enforcement of Environmental Law, Jakarta, Sinar Graphic, 2005, p. 65 5 Ibid 6 Ibid 7 Rahmadi, Environmental Law in Indonesia. Jakarta, Rajawali Press, 2011, p. 33 Law enforcement is one way or strategy in encouraging compliance with environmental standards, quality standards and legislation. Through consistent and regular supervision, various forms of violation of permits and laws and regulations that have the potential to pollute and damage the environment can be prevented as early as possible. Legal instruments through their functions will serve as guidelines for principles that can be applied in the form of environmentally sound development. The law can play its function primarily as a control and a certainty for the community in creating harmony between development actions that are continued and improved in order to achieve a level of welfare and prosperity on the one hand, and the use of limited natural resources on the other. According to its function as a means of renewal and development (a tool of social engineering), law can be directed to achieve environmentally sustainable development. 8 Based on the problems described above, the title of this research is "Law Enforcement for Environmental Pollutants in Indonesia".

RESEARCH METHODS
This research is included in the form of normative juridical research, namely research that emphasizes the use of written legal norms. 9 The data used is secondary data.

RESULTS AND DISCUSSION
Some environmental science terms that need to be understood such as the notion of ecology and ecosystems. Ecology is the study of the relationship between one organism to another, and between these organisms and their environment. With ecology, nature is seen as The most important thing from this ecology is the concept of ecosystem. Ecosystem is an ecological system formed by the reciprocal relationship between living things and their environment. In this system, all components work regularly as a unit. Ecosystems are formed by living (biotic) and non-living (abiotic) components in a place that interact to form an orderly unit.
In general, the environment is defined as all objects, conditions, conditions and influences contained in the room we occupy and affect living things, including human life. The problem that arises then is that the existing policies and laws and regulations cannot solve various problems, especially crimes in the environmental field. Over time, it shows that Law Number 23 of 1997 concerning Environmental Management has not been able to become an effective instrument to protect the environment. Meanwhile, technological developments are followed by developments in the quality and quantity of crime in the environmental field which are increasingly sophisticated and often have international impacts, such as illegal mining, illegal fishing, and illegal logging, which are still ongoing. 14 Furthermore, companies or legal entities operating in the industrial sector, both large-scale using modern technology and small and medium-sized industries including the handicraft industry and home industry, have in fact led to crimes in the environmental sector, such as air pollution as a result of increased levels dioxide from factory chimneys and burning of oil by motor vehicles, pollution of river and sea water as a result of industrial waste disposal, as well as damage to the natural environment by industrial products in the form of chemical goods such as pesticides which are very dangerous for humans. humans and the natural environment around them. 15 The crime in the form of pollution and environmental destruction has brought a huge impact on human life, such as global warming, flash floods, forest fires, landslides that cause casualties both human and community economic resources, social facilities and public facilities, besides that The decline in the quality of the carrying capacity of the environment has resulted in various endemic diseases that afflict almost all parts of Indonesia, such as outbreaks of dengue fever, vomiting, lung and diarrhea and others. 16 The current condition of environmental criminal law enforcement is not in line with community expectations. Various cases of water pollution due to illegal disposal of toxic waste, destruction of forest areas, destruction of coral reefs, coastal abrasion due to sand mining and burning of forest areas which can be categorized as environmental crimes are increasingly rampant and even lead to organized transnational crimes. The causes of the cases mentioned above stem in part from policies set by the government that are not in favor of environmental interests, legal mafia, criminal law facilities have not been applied optimally, the type of sanctions chosen and determined at the application stage is not exactly, there is no common perception among law enforcement officers regarding environmental crimes, the 14 Hidayat and Samekto, A Critical Study of Environmental Law Enforcement in the Era of Regional Autonomy. In the development of legal studies, it can be understood about the growing function of law for people's lives, along with these developments. We feel that the law which originally acted as a guide to life, which was in the form of a series of rules for realizing order and justice (Order and Justice) has increasingly developed its role as a means of driving, driving and controlling social development. So its function is not only to regulate but also to accommodate dynamic social aspirations. 20 The use of criminal law or "strafrecht" in terms of criminal law science can be

Criminal law in an objective sense is all prohibitions (verboden) and obligations
(geboden) for which violations are threatened with criminal / punishment / sanctions by law -law. Objective criminal law also regulates the conditions when/when the sanction can be imposed, namely in Roman language it is called "ius poenali".
2. Subjective criminal law is the right/authority of the state to punish if the prohibitions and rules are violated in Romance referred to as "ius poeniendi". (1) Everyone is prohibited from: a. commit acts that result in pollution and/or damage to the environment. b. import B3 which is prohibited according to laws and regulations into the territory of the Unitary State of the Republic of Indonesia. c. include waste originating from outside the territory of the Unitary State of the Republic of Indonesia into the environmental media of the Unitary State of the Republic of Indonesia. d. importing B3 waste into the territory of the Unitary State of the Republic of Indonesia. e. dispose of waste into environmental media. f. dispose of B3 and B3 waste into environmental media. g. releasing genetically engineered products into environmental media that are in contravention of statutory regulations or environmental permits. h. clearing land by burning. i. compiling an amdal without having a certificate of competence for compiling an amdal, and/or j. provide false, misleading, omitted information, tamper with information, or provide false information.
(2) The provisions as referred to in paragraph (1)  Some of the descriptions of the provisions referred to are as follows:" Article 98 states that: (1) Everyone who intentionally commits an act that results in exceeding the ambient air quality standard, water quality standard, sea water quality standard, or environmental damage standard criteria, shall be punished with imprisonment for a minimum of 3 (three) years. and a maximum of 10 (ten) years and a fine of a minimum of Rp.3,000,000,000.00 (three billion rupiah) and a maximum of Rp.10,000,000,000.00 (ten billion rupiah)". (2) If the act as referred to in paragraph (1) results in injury and/or harm to human health, the person shall be punished with a minimum imprisonment of 4 (four) years and a maximum of 12 (twelve) years and a minimum fine of Rp. 4,000,000,000. 00 (four billion rupiah) and a maximum of Rp. 12,000,000,000.00 (twelve billion rupiah)". (3) If the act as referred to in paragraph (1) results in serious injury or death, the person shall be punished with a minimum imprisonment of 5 (five) years and a maximum of 15 (fifteen) years and a minimum fine of Rp. 5,000,000,000.00 (five billion rupiah). rupiah) and a maximum of Rp. 15,000,000,000.00 (fifteen billion rupiah)". 28 Article 99 that: (1) "Everyone who because of his negligence results in exceeding the ambient air quality standard, water quality standard, sea water quality standard, or environmental damage standard criteria, shall be punished with imprisonment for a minimum of 1 (one) year and a maximum of 3 (three) years. ) years and a minimum fine of Rp. 1,000,000,000.00 (one billion rupiah) and a maximum of Rp. 3,000,000.00 (three billion rupiah)". (2) "If the act as referred to in paragraph (1) results in injury and/or harm to human health, the person shall be punished with imprisonment for a minimum of 2 (two) years and a maximum of 6 (six) years and a minimum fine of Rp. 2,000,000,000.00 (two billion rupiah) and a maximum of Rp. 6,000,000,000.00 (six billion rupiah)". (3) "If the act as referred to in paragraph (1) results in serious injury or death, the person shall be punished with a minimum imprisonment of 3 (three) years and a maximum of 9 (nine) years and a minimum fine of Rp. 3,000,000,000.00 (three billion rupiah). rupiah) and a maximum of IDR 9,000,000,000.00 (nine billion rupiah)". 29 Article 100 states that: (1) "Everyone who violates the quality standard of waste water, emission quality standard, or quality standard of disturbance shall be punished with imprisonment for a maximum of 3 (three) years and a fine of a maximum of Rp. 3,000,000,000.00 (three billion rupiahs). )".
(2) The criminal act as referred to in paragraph (1)  2. Deliberately or due to negligence Every good deed is done with a crime, or a violation that causes damage or pollution to the environment, then such an act has been categorized as a criminal act (delict). The act is as long as it has fulfilled the element of intention (opzet) or negligence (culpa).
Criminal acts caused by negligence are regulated in Article 99 paragraph (1)  Intentionally or due to negligence; Doing acts that are prohibited by law; Acts that cause pollution, damage to the environment, or society; Regulated in Law Number 32 of 2009 and Regulated in other laws.