TINJAUAN HUKUM PIDANA DALAM PERWUJUDAN KEADILAN LINGKUNGAN

Abstract

Abstract
The environment is the most vital element on this planet, especially in fulfilling the
needs of human life. Therefore, the relationship between humans and the
environment is inseparable. Humans grow and develop along with the surrounding
environment. As a gift and grace from Allah swt. for mankind in general, and
especially for the Indonesian nation, the environment is a source of life that covers
all aspects and materials. Law enforcement has a broad meaning because it includes
aspects of prevention and prosecution, by conditions in Indonesia which involve the
active participation of government elements in increasing public legal awareness.
Nonetheless, criminal law enforcement in the environmental sector has not achieved
the expected goals at this time. One of the causes of this failure is the lack of
synchronization, coordination, consistency, and harmony in terms of culture,
structure, and substance in the criminal justice system. Law enforcement as a
process involves the application of discretion associated with decision-making that
is not strictly regulated by legal norms but involves elements of personal judgment.
Therefore, it can be said that law enforcement does not only mean the
implementation of laws, although in Indonesia this tends to be the case, so the term
"law enforcement" has become popular. This narrow view has weaknesses, especially
if the implementation of laws or judges' decisions disturbs order in social life.

Keywords: criminal law; realization; environmental justice