Kebijakan Hukum Pidana melalui Penerapan Asas Primum Remedium dalam Tindak Pidana Lingkungan Hidup Ditinjau dari Hukum Positif

Abstract

The application of the primum remedium principle in criminal law policy implies that criminal law serves as the primary instrument for law enforcement. The implementation of this principle in criminal law policy can be observed in Law No. 32 of 2009 concerning Environmental Protection and Management. Articles 97 to 120 of this law regulate criminal sanctions for environmental crimes as an interpretation of law enforcement in environmental crimes. This study examines three main issues: (1) What is the position of the primum remedium principle in environmental crimes under positive law? (2) Is the application of criminal law policy through the primum remedium principle appropriate for environmental crimes? (3) How is the primum remedium principle applied in environmental crimes based on court decisions. The research method used is normative juridical research with a descriptive-analytical approach, focusing on statutory, conceptual, and case law analyses. This study utilizes secondary data collected through library research. The data analysis method employed is qualitative analysis. The findings of this study indicate that criminal law policy through the application of the primum remedium principle in environmental crimes under positive law, particularly in case-based approaches related to environmental crimes, places criminal law as the primary tool in prosecuting environmental violations. This approach serves as a follow-up to preventive efforts (non-penal policy) with the objective of deterring perpetrators of environmental pollution and destruction. The study analyzes the implementation of this principle within the framework of environmental law enforcement in Indonesia.