Vol 12 No 1 (2024): June
Criminal Law

Legal Analysis of Unauthorized Waste Dumping by Companies

Siti Nuraynul Indriyati
Department of Legal Studies, Universitas Muhammadiyah Sidoarjo, Indonesia
Emy Rosnawati
Department of Legal Studies, Universitas Muhammadiyah Sidoarjo, Indonesia *

(*) Corresponding Author


Picture in here are illustration from public domain image or provided by the author, as part of their works
Published June 28, 2024
Keywords
  • Legal Arrangements,
  • Waste Dumping,
  • Criminal Acts
How to Cite
Indriyati, S. N., & Rosnawati , E. (2024). Legal Analysis of Unauthorized Waste Dumping by Companies. Rechtsidee, 12(1), 10.21070/jihr.v12i1.1026. https://doi.org/10.21070/jihr.v12i1.1026
 

Abstract

General Background: Environmental degradation due to human activities has led to significant ecological issues, necessitating robust legal frameworks for environmental preservation and management. Specific Background: In Indonesia, Law Number 32 of 2009 addresses these concerns, highlighting the need for legal regulations to mitigate environmental harm. Knowledge Gap: Despite the existence of such laws, there is a lack of comprehensive understanding regarding the effectiveness and implementation of regulations specifically related to the criminal act of dumping waste by companies. Aims: This research aims to analyze the legal regulations governing the criminal act of waste dumping in environmental media without permission, with a focus on normative legal research methodology. Results: The study reveals that, according to Law No. 32 of 2009 and provincial regulations on waste management, several regencies or cities have established legal frameworks to address this environmental crime, while at least five provinces still lack sufficient regulations. Novelty: This research provides a detailed examination of the regulatory landscape, identifying gaps and inconsistencies in the enforcement of environmental laws across different regions in Indonesia. Implications: The findings underscore the necessity for a more harmonized and stringent regulatory approach at both the provincial and national levels to ensure effective environmental protection and compliance by companies. This study contributes to the existing body of knowledge by offering insights into the legislative and enforcement challenges in environmental law, particularly in the context of criminal activities related to waste management.

Highlights:

  • Legal Framework: Examines the effectiveness of Law No. 32 of 2009 and provincial regulations on waste dumping.
  • Regional Disparities: Identifies gaps in regulatory enforcement across different provinces.
  • Normative Research: Emphasizes the use of laws and regulations as primary sources for analysis.

Keywords: Legal Arrangements, Waste Dumping, Criminal Acts

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