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Original Research

JURIDICAL REVIEW OF LAW NUMBER 32 OF 2009 CONCERNING ENVIRONMENTAL PROTECTION AND MANAGEMENT IN CONNECTION WITH THE JUDGE'S RULING NUMBER: 940/PID/B/LH/2019/PN BLB

ASEP SAPSUDIN 1, RIYANI WARTININGSIH 2, and TRI APRIANA WIBOWO 3.

Vol 19, No 03 ( 2024 )   |  DOI: 10.5281/zenodo.10847685   |   Author Affiliation: Legal Study, Nusantara Islamic University, Bandung, Indonesia 1,2,3.   |   Licensing: CC 4.0   |   Pg no: 56-68   |   Published on: 04-03-2024

Abstract

Industrial and household waste that is dumped directly into rivers and natural waters or into the air creates greater social costs for society, both in the form of health costs, reduced productivity and income due to illness, rivers not functioning to support fisheries activities and providing drinking water. , etc. In this research, PT. Yoosung Indonesia committed violations by disposing of production waste into water bodies towards rice fields, disposing of waste water in drainage channels and carrying out B3 waste management without obtaining permits issued by authorized agencies as regulated under Law no. 32 of 2009 concerning Environmental Protection and Management is linked to Judge's decision Number 940/PID/BLH/2019/PN BLB. Furthermore, I want to review the administrative sanctions that have been imposed on Yoosung Indonesia, but it is still permissible for non-criminal investigations to be carried out. The type of research used in this research is descriptive with a qualitative approach. The results of this research show that PT. Yoosung Indonesia in waste disposal is considered to have violated and/or can be qualified as an act that results in exceeding Waste Water Quality Standards, so it is given a Government Coercive Administrative Sanction from the Bandung Regency Environmental Service. Furthermore, in this case Yoosung Indonesia has complied with these administrative sanctions by stopping the discharge of waste water into environmental media, permanently closing the waste water channel at coordinates S07'00'48”E107'48'04” and S07'00'50” E107' 48'00”, create temporary storage of B3 waste, apply for a temporary storage permit for B3 waste. So it is assumed that PT. Yoosung Indonesia has committed a violation as stipulated in Article 100 of Law Number 32 of 2009 concerning Environmental Protection and Management and has not been proven to have committed a violation and this proves that criminal sanctions cannot be applied because administrative sanctions have been fulfilled.


Keywords

Environmental Agency, Pollution, Destruction.