Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia

Research Article

Effectiveness of Imposing Criminal Sanctions on Dumping Activities of Hazardous Toxic Waste in the Form of Spent Bleaching Earth (SBE) (Reflection on Criminal Cases No. 107/Pid.Sus/2021/PN.Rbg and No. 106/Pid.Sus/2021/PN.Sus/2021 at the Rembang District Court)

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  • @INPROCEEDINGS{10.4108/eai.27-7-2022.2326247,
        author={Broto Hastono and Yos Yohan Utama and Yunanto Yunanto},
        title={Effectiveness of Imposing Criminal Sanctions on Dumping Activities of Hazardous Toxic Waste in the Form of Spent Bleaching Earth (SBE)                                                                                           (Reflection on Criminal Cases No. 107/Pid.Sus/2021/PN.Rbg and No. 106/Pid.Sus/2021/PN.Sus/2021 at the Rembang District Court)},
        proceedings={Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={IWLEG},
        year={2023},
        month={1},
        keywords={responsibility environmental restoration dumping spent bleaching earth},
        doi={10.4108/eai.27-7-2022.2326247}
    }
    
  • Broto Hastono
    Yos Yohan Utama
    Yunanto Yunanto
    Year: 2023
    Effectiveness of Imposing Criminal Sanctions on Dumping Activities of Hazardous Toxic Waste in the Form of Spent Bleaching Earth (SBE) (Reflection on Criminal Cases No. 107/Pid.Sus/2021/PN.Rbg and No. 106/Pid.Sus/2021/PN.Sus/2021 at the Rembang District Court)
    IWLEG
    EAI
    DOI: 10.4108/eai.27-7-2022.2326247
Broto Hastono1,*, Yos Yohan Utama1, Yunanto Yunanto1
  • 1: Universitas Diponegoro
*Contact email: brotohastonolawyer123@gmail.com

Abstract

The problem of illegal dumping of waste that occurs is a problem that can threaten environmental damage, as a matter of fact, requires law enforcement, nevertheless, it is necessary to question whether the imposition of criminal sanctions has been practical and valuable enough to overcome these issues without being preceded or accompanied by environmental restoration responsibility endeavours. This study will discuss in depth the importance of environmental restoration responsibility for dumping activities of hazardous and toxic waste (B3), especially in the form of Spent Bleaching Earth (SBE) in Indonesia. The research method used in this research is empirical juridical using primary data. Based on the results of the study It is known that the problem of hazardous and toxic waste (B3) in the form of spent bleaching earth (SBE) or waste from palm oil processing, which in this case occurred in the Sluke sub-district, Rembang district, was not an easy problem and laborious to solve. This includes only the imposition of criminal sanctions, due to the central point that is mandated by "Law Number 32 of 2009 concerning Environmental Protection and Management (LH) amended by Law No. 11 of 2020 concerning Job Creation" is regarding Environmental Recovery, in the event that there is sentencing without being accompanied by a restoration of the environment, then law enforcement can actually be seen as less effective.