Implementasi Ketentuan Undang-Undang No. 4 Tahun 1982 Mengenai Pencemaran Lingkungan dikaitkan dengan Ganti Kerugian di Kawasan Industri Medan

Abstract

Human being is a part of ecosystem and the manager of the system. Environmental pollution is the side-effect of human action in achieving his objectives which have environmental consequences. Environmental pollution is the outcome of the human ambiguous behavior. Therefore, a good and healthy environment is highly significant for the survival of mankind and its ecosystem in this world. In pertinent with it, Indonesia through a long process has promulgated Act No. 4 of 1982 concerning the Basic Provisions for the Management of the Living Environment (State Gazette of the Republic of Indonesia Year 1982 No. 12 and the Supplement to State Gazette No. 3215). The Act, which was enacted and effective since March 11, 1982, is the first national law to regulate environmental matters integrally and comprehensively in order to support national development. Viewed from its nature, the existing regulations before the enactment of this Act No. 4 Year 1982 were legal products of 'use oriented law'. The Advancement of legal acts ever since has been oriented towards the environment itself or 'environment-oriented law'. The Act No. 4 Year 1982 gives protection as well as functions as a legal basis to submit a legal suit by those whose rights to a good and healthy environment have been violated.

However, in practice the implementation of this regulation has not been easy. In the case of environmental pollution at Mahar village of Medan Deli sub-district, even though the members of the community have submitted a protest to Medan Canning Company to pay compensation and to carry out environmental restoration in accordance with Article 20 paragraphs (2) and (3) of the above mentioned Act, it turns out that the settlement based on mutual agreement or deliberation has not been implemented to the satisfaction of the victims. In view of the above considerations, the formulation of the problem includes: a. Who is responsible in environmental damage or pollution occurs in the Medan Industrial Estate; b. What is the procedure which must be followed in settling a compensation if damage or pollution occurs in the Medan Industrial Estate; c. How are the implementation and the application of the rules of Act No. 4 of 1982 concerning environmental pollution executed in matters of compensation in Medan Industrial Estate. Based on an analytical-descriptive research which has been carried out by applying several methods of data collection, including library research, interview and questionnaire survey of 70 respondents in Medan Industrial Estate area, there are various factors which hinder the realization of the said settlement. The most important of those factors are firstly, the lack of community consciousness and participation in responding to the effects which are caused by environmental damages, secondly, the lack of understanding among the community members about their rights of environment, lastly, the presence of doubt m submitting their cases to the courts due to the expected high expenses. A legal suit for compensation has been formally submitted by the victims. Meanwhile the Municipal Government of Medan in fact has never applied any administrative sanctions to the polluter, namely PT. Medan Canning. Generally the above-mentioned settlement of compensation both through tripartite deliberations (i.e. victims, defendant and government agency) and through criminal or civil legal suits have never been implemented fully as stipulated. In the case of the environmental pollution at Mahar village of Medan Deli sub-district, the case has never been tried by Medan Court of Justice, because the community only reported their complaint to the Municipal House of Representatives in Medan. The company itself has made her promise to provide a better sophisticated odor inhaling equipment, in order not to disturb the community. However, up to now the community has still felt uncomfortable in their own neighborhood.