Politik Hukum Pemerintah Indonesia Bidang Lingkungan Hidup Pasca Berlakunya Undang-Undang Nomor 6 Tahun 2023 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 tentang Cipta Kerja Menjadi Undang-Undang

Abstract

Legal politics of Indonesia government isn environment is regulated in Article 28H, Paragraph (1) and Article 33, Paragraph, (4) of the 1945 Constitution on the right on good and healthy environment as human rights and organizing national economy based on principles of sustainable and environmental development. The research problems are as follows: how about the shift in legal politics in environment in the post-issuance of Law No.6/2023, how about the amendment of regulation on environment in the post-issuance of Law No.6/2023, and how about the resolution of dispute in environmental through filing administrative complaint in State Administrative Court in the post-issuance of law No.6/2023.

The research uses jurisdiction normative method by doing research on literature materials, along with positive law inventory. The result of this research shows that government’s legal politics in environment has undergone a shift in the post-issuance of law No.6/2023 which provides easiness to get approval in environment which can be seen from the absence of public participation in the AMDAL documents., the revocation of article on absolute responsibility without any evidence of errors, the revocation of article on administrative legal standing on environmental criminal offense from formal criminal offense to material crimnal offense. However, in the post-issuance of Law No.6/2023, every person, business entity of legal entity and business entity without legal entity and/or environmental organization which interst has been potentially harmed by ruling of the state administrative court and/or the Government Administrative Action can still file a complaint to the State Administrative Court.