Penegakan Hukum Lingkungan Administratif Terhadap Pencemaran Lingkungan Limbah B3 oleh Perusahaan (Studi Putusan Mahkamah Agung Nomor 423 K/TUN/LH/2018)

Abstract

Environmental pollution by Hazardous and Toxic Waste (B3) companies has become a highly significant issue in environmental protection. To ensure environmental sustainability and the well-being of society, administrative environmental law enforcement plays a crucial role in addressing this problem. This research aims to find out how is the legal regulation of B3 waste management activities in Indonesia, how is the enforcement of administrative environmental law against B3 waste pollution by companies in Supreme Court Decision Number: 423 K/TUN/LH/2018, and how effective the implementation of government coercive sanctions is in Supreme Court Decision Number: 423 K/TUN/LH/2018. The research method employed in this study is a normative juridical research method with data collection conducted through library research, which encompasses secondary data from primary, secondary, and tertiary legal materials. This research found that legal regulation regarding hazardous waste management activities in Indonesia began with the Basel Convention, and over time, Indonesia adapted its environmental management legal regulations to keep up with the changing times. The most recent development in environmental management regulation in Indonesia is marked by the issuance of Law Number 6 of 2023 concerning the Determination of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation as a Law. The enforcement of administrative environmental law in Supreme Court Decision Number: 423 K/TUN/LH/2018 has been carried out firmly and in accordance with the applicable laws. The imposition of sanctions does not render the Administrative Decisions of the State Administration (KTUN) void but rather renders them ineffective. The implementation of government coercive administrative sanctions in Supreme Court Decision Number: 423 K/TUN/LH/2018 can be considered effective, as legal factors, law enforcement officer factors, infrastructure factors, and cultural factors are fairly wellimplemented.