Penegakan Hukum Pidana Pasal 98 Undang-undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup terhadap Pelaku Pencemaran Lingkungan Akibat Kegiatan Penambangan Pasir di Sungai Batanghari

Abstract

Legal and illegal sand mining cases in the Batanghari river continue to have a negative impact on people who use Batanghari river water directly. Although it is known that polluted river Batanghari water caused by sand mining activities, mining is still happening. Sand mining activities in the Batanghari river can cause changes in water quality standards and other environmental damage. Such activities as regulated in Article 98 of Act Number 32 Year 2009 on Environmental Protection and Management "shall be subject to imprisonment of at least 3 (three) years imprisonment and a fine of at least Rp. 3.000.000.000, - (three billion rupiah)." Although criminal sanctions against unauthorized sand mining have been stipulated in law, such activities are still carried out by irresponsible parties. Based on the descriptions, this research needs to be done. This study aims to analyze the Criminal Law enforcement on Article 98 of Act Number 32 Year 2009 on Environmental
Protection and Management against the perpetrators of environmental pollution due to sand mining activities in the river Batanghari, so that environmental issues, especially in the sector of environmental pollution caused by mining activities sand in Batanghari river, can be evaluated. The location of this research is the jurisdiction of the Jambi District Court. This study is a descriptive research, taken by describing in detail the object under investigation with respect to the form of law enforcement against the perpetrators of environmental pollution caused by sand mining activities in Batanghari river.