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The results of this study are expected to be useful as a contribution of thought to science as enrichment especially about aspects of environmental law enforcement policies in coal mining. In addition, it is as a means of thinking transfer theory into practice and deepening methodology that can be used in another research.
International Journal of Management (IJM) Volume 11, Issue 3, March 2020, pp 235–241, Article ID: IJM_11_03_025 Available online at http://www.iaeme.com/ijm/issues.asp?JType=IJM&VType=11&IType=3 Journal Impact Factor (2020): 10.1471 (Calculated by GISI) www.jifactor.com ISSN Print: 0976-6502 and ISSN Online: 0976-6510 © IAEME Publication Scopus Indexed FORMULATION OF ENVIRONMENTAL LAW ENFORCEMENT POLICY IN COAL MINING, MURUNG RAYA DISTRICT, CENTRAL KALIMANTAN Rudy Yulianto Environmental Science Study Program, Post Graduate Study Program of Palangka Raya University, Palangka Raya, Indonesia ABSTRACT To overcome and obtain solutions to problems faced in the application of environmental civil law enforcement policies, such as those contained in legislation, especially in coal mining activities in Murung Raya Regency, an in-depth study is needed to obtain a formulation of environmental civil law enforcement policies right It was intended to environmental conditions remain sustainable and the community can obtain optimal benefits from it The results of this study are expected to be useful as a contribution of thought to science as enrichment especially about aspects of environmental law enforcement policies in coal mining In addition, it is as a means of thinking transfer theory into practice and deepening methodology that can be used in another research Keywords: Environmental Law, Enforcement Policy, Legislation, Coal Mining Cite this Article: Rudy Yulianto, Formulation of Environmental Law Enforcement Policy in Coal Mining, Murung Raya District, Central Kalimantan, International Journal of Management (IJM), 11 (3), 2020, pp 235–241 http://www.iaeme.com/IJM/issues.asp?JType=IJM&VType=11&IType=3 INTRODUCTION Management of natural resources and the environment needs to be followed by actions in the form of preservation of natural resources in order to advance public welfare as stated in the 1945 Constitution Law No of 1982 concerning Basic Provisions for Environmental Management as amended and updated to Law No 23 of 1997 concerning Environmental Management (UUPLH) is an umbrella in the field of environmental management in Indonesia today Then renewed into Law No 32 of 2009 concerning Environmental Protection and Management (UUPPLH) Thus, the UUPPLH is the basis for implementing provisions in environmental management and as a basis for adjustments to changes to existing regulations, and makes it a unified and intact whole in a system http://www.iaeme.com/IJM/index.asp 235 editor@iaeme.com Formulation of Environmental Law Enforcement Policy in Coal Mining, Murung Raya District, Central Kalimantan The term environmental law, is a relatively new conception in the world of science in general and in the environment of law in particular, which grows in line with the growth of environmental awareness With the growth of understanding and awareness of protecting and protecting the environment (Jaya et al., 2018; Mangkoedihardjo and Triastuti, 2011), legal attention is also growing on it Instead the community wants benefits in the implementation of environmental regulations or law enforcement This means that the regulation was made for the benefit of the community, so it must not happen that because of the implementation of the regulation, the community would be uneasy For example a factory that employs thousands of people is closed because it has polluted the environment This will certainly cause unrest both for the business community and for its workers Why not look for other solutions, such as dragging the company manager to justice, requiring the company to pay for environmental recovery, but the factory activities continue to be carried out under strict supervision along with reduced production This is called the usefulness in environmental law enforcement From the description above, it can be seen that without legal certainty people not know what to and finally anxiety arises However, if we pursue legal certainty, too strict in obeying the rule of law, the result will be rigid and will cause a feeling of injustice If in law enforcement only legal certainty is concerned, then other elements are sacrificed Likewise, if only the benefit is concerned, then certainty and justice are sacrificed, and so on Therefore in the enforcement of environmental law, the three legal principles, namely certainty, expediency, and justice must be compromised This means that all three must receive proportionally balanced attention in handling it, even though in practice it is not always easy to it From the description that has been stated, it appears that the need for a formulation of law enforcement policies, especially environmental civil law, so that the protection, management, and utilization of natural resources as much as possible for the prosperity of the people can be achieved optimally The purpose of this research is to find a formulation of environmental law enforcement policies on coal mining in order to achieve the maximum possible management and use of natural resources for the future prosperity of the people, by: 1) Describe and identify the bio-physical condition of the environment in the coal mining area as seen from water and air pollution 2) Assessing the socio-economic conditions of the community around the coal mining area in terms of education, health, employment and household income 3) Find the formulation of environmental law enforcement policies on coal mining in Murung Raya Regency? UNDERSTANDING POLICY According to Dunn (2003), public policy (public policy) is a complex dependency pattern of interdependent collective choices, including decisions not to act, made by government agencies or offices Public policy covers everything that is stated and done or not done by the government Besides that public policies are also policies that are developed or made by government bodies and officials (Anderson, 1979) Public policy is the direction of action that has a purpose set by an actor or a number of actors in overcoming a problem or an issue (Winarno, 2002) In the system theory proposed by Dunn (2003), that public policy making involves three elements, namely policy actors, public policies, and the policy environment which are all interrelated http://www.iaeme.com/IJM/index.asp 236 editor@iaeme.com Rudy Yulianto The policy environment consists of an internal policy environment which includes policy strengths and policy weaknesses, as well as an external policy environment that includes policy opportunities and policy challenges In practice public policy contains the following elements (Widodo, 2001): 1) Policies always have a purpose or are oriented towards specific goals 2) The policy contains the actions or patterns of actions of government officials 3) Policy is what the government actually does, and not what it intends to 4) Public policies are positive (a government action on a particular issue) and negative (the decision of a government official not to something) Public policy (positive), always based on certain laws and regulations that are coercive (authoritative) Public policy can be divided into three groups, namely (Tangkilisan, 2003): 1) Macro Public Policy Public policies that are macro or general or can also be said to be a fundamental policy For example: a) The 1945 Constitution of the Republic of Indonesia; b) Law or Government Regulation in Lieu of Law; c) Government Regulations; d) Presidential Regulation; e) Regional Regulations In implementation, macro public policies can be directly implemented 2) Meso Public Policy Public policies that are meso or intermediate or better known as implementation explanations This policy can be in the form of Ministerial Regulations, Ministerial Circular, Governor Regulations, Regents Regulations, Regulations of Mayor, Joint Decree or Joint Decree between Ministers, Governors and Regents or Mayors 3) Micro Public Policy Micro public policies, regulate the implementation or implementation of public policies on it This form of policy, for example, is a regulation issued by certain public officials under the Minister, the Governor, the Regent and the Mayor Stages that are carried out in the implementation of public policies, namely the preparation of the agenda, formulation of policies, adoption / legitimacy of policies, implementation of policies, evaluation of policies These stages are carried out so that the policies made can achieve the expected goals are as follows (Winarno, 2007): 1) Arranging Agenda Agenda setting is a very strategic phase and process in the reality of public policy It is in this process that there is room for meaningful so-called public matters and priorities on the public agenda are at stake Policy issues are often referred to as policy problems The preparation of the policy agenda must be based on the level of urgency and essence of the policy, as well as stakeholder involvement 2) Policy Formulation Problems that are already on the policy agenda are then discussed by policy makers The problems were defined to find the best solution The solution of the problem comes from various alternatives or available policy choices 3) Adoption of Policies The purpose of legitimacy is to authorize the basic processes of government If the act of legitimacy in a society is regulated by popular sovereignty, citizens will follow the direction of the government 4) Policy Implementation In the implementation phase of the policy will find the impact and performance of the policy Here will be found whether the policies made to achieve the expected goals or not http://www.iaeme.com/IJM/index.asp 237 editor@iaeme.com Formulation of Environmental Law Enforcement Policy in Coal Mining, Murung Raya District, Central Kalimantan 5) Policy Evaluation Policy evaluation is the activity of assessing policies that include substance, implementation, and impact In this case, evaluation is seen as a functional activity This means that policy evaluation is not only done at the final stage, but is carried out in the entire policy process Thus, policy evaluation can include the stage of formulating policy problems, the proposed programs to resolve the policy problem, implementation, and the stage of policy impact ENVIRONMENTAL LAW The decade of the 1970s was the beginning of global environmental problems marked by the 1972 Stockholm Conference which discussed environmental issues (UN Conference on the Human Environment, UNCHE) The conference, which was held by PPB, took place from 512 June 1972 Finally, July was designated as World Environment Day In 1987 a world commission was formed called the World Commission on Environment and Development (World Commission on Environment and Development) which gave birth to the concept of sustainable development, then the PPB general assembly decided to hold its conference in Rio de Janeiro, Brazil 1992 Since the 1980s, there have been widespread demands that official pro-environment state policies can be reflected in the form of legislation that is remembered for compliance by all stakeholders No exception, Indonesia also faces the same demands, namely the need to formulate a policy that can be enforced in the form of a separate law governing the environment That is also why, Indonesia drafted Law No of 1982 concerning Basic Provisions for Environmental Management (UULH 1982) This is the first legal product made in Indonesia, having previously formed a separate ministry office in the composition of the Development Cabinet III, 1978-1983 The first State Minister for Environmental Affairs was Prof Dr Emil Salim, who succeeded in laying the foundations of a policy on the environment, was finally put into the form of the 1982 law The birth of UULH 1982 on March 11, 1982, was seen as the beginning of the birth and growth of national environmental law Before the birth of UULH 1982, various forms of legislation regarding or relating to the environment or natural resources and artificial resources had been applied, which were seen as classical national legal regimes The classical environmental law regime contains provisions that protect sectoral interests, while environmental problems that arise are increasingly complex so that classical legislation is not able to anticipate and solve environmental problems effectively Whereas the modern environmental legal regime that began in 1982 was based on an integrated cross-sectoral or comprehensive approach UULH 1982 is the first source of formal law in the context of modern environmental law in Indonesia UULH 1982 contains legal provisions that mark the birth of a new field of law, namely environmental law because it contains concepts that were previously unknown in the field of law In addition, the provisions of the 1982 UULH can provide the basis for environmental management policies However, after the UULH 1982, which had been in effect for eleven years, it appeared that environmentalists and environmental policy makers were seen as instruments of ineffective environmental management policies Since the enactment of the UULH 1982 the quality of the environment in Indonesia has not improved and many cases of environmental law cannot be resolved Therefore, it is necessary to make changes, so that on September 19, 1997 the government established Law No 23 of 1997 concerning Environmental Management (UULH 1997) http://www.iaeme.com/IJM/index.asp 238 editor@iaeme.com Rudy Yulianto Subsequently, on October 3, 2009, the government passed Law No 32 of 2009 concerning Environmental Protection and Management (UUPPLH), because environmental protection and management that is truly and consistently needed by all stakeholders This is also caused by increasing global warming which results in climate change and exacerbating environmental degradation In modern environmental law, provisions and norms are set up to regulate human actions with the aim of protecting the environment from damage and deterioration in its quality in order to ensure its sustainability so that it can be directly continuously used by present generations and future generations Modern environmental law is oriented to the environment, so that the nature and time also follows the nature and character of the environment itself and thus more studied with ecology With this orientation to the environment, then modern environmental law has an integral whole or comprehensive nature, always in dynamics with its flexible nature and character In contrast, classical environmental law establishes provisions and norms with the ultimate goal of ensuring the use and exploitation of resources with a variety of human reason and intelligence to achieve maximum results, and in the shortest possible timeframe Classical environmental law is sectoral, and is rigid and difficult to change Kusumaatmadja (2002) argues, that an integrated or whole approach system must be applied by law to be able to regulate the human environment appropriately and well, this approach system has underpinned the development of Environmental Law in Indonesia That the environmental law is a law relating to the natural environment in the broadest sense The scope is related to and determined by the scope of environmental management Considering that environmental management is mainly carried out by the Government, the environmental law consists mostly of Government Law Environmental law is a juridical for environmental management, thus environmental law is essentially a field of law which is mainly controlled by the rules of state administrative law or government law For this reason, government officials need to pay attention to "General Principles of Good Governance" This is intended so that the implementation of the policy does not deviate from the objectives of environmental management Environmental legal aspects, including criminal aspects, administrative aspects, and civil aspects, are described as follows: 1) Criminal Aspects Criminal Law is the whole of the rules that determine what is prohibited and included in a criminal act, and determine what penalties can be imposed on those who it According Rahardjo (1982) criminal law, is part of the overall applicable law in a country, which establishes the basics and rules for: a Determine which actions are prohibited and which are prohibited, accompanied by threats or sanctions in the form of certain penalties for those who violate the prohibition b Determine when and in what ways those who have violated the restrictions can be imposed or convicted as threatened c Determine in what way the imposition of criminal acts can be carried out if there are people who are suspected of violating the prohibition Principally, criminal law regulates crime and violations of the public interest and the act is threatened with crime which constitutes suffering Thus the criminal law is not holding its own legal norms, but already lies in other norms and criminal sanctions Held to strengthen the adherence of these other norms, such as religious and moral norms http://www.iaeme.com/IJM/index.asp 239 editor@iaeme.com Formulation of Environmental Law Enforcement Policy in Coal Mining, Murung Raya District, Central Kalimantan The principles of Criminal Law, are: a The principle of legality, no act can be convicted except for the strength of the criminal rules in the legislation that existed before the act was committed If after the action is done there is a change in the laws and regulations, then the rule used is the lightest sanctions b There is no criminal principle without error To impose a crime on a person who has committed a crime, must be done whenever there is an element of error in that person c Territorial principle, meaning that the provisions of Indonesian criminal law apply to all criminal incidents that occur in the territorial territory of the Unitary State of the Republic of Indonesia, including Indonesian-flagged vessels, Indonesian aircraft and Indonesian embassies and consuls in foreign countries d The principle of active nationality means that the provisions of Indonesian criminal law apply to all Indonesian citizens who commit crimes wherever they are e The principle of passive nationality, means that the provisions of Indonesian criminal law apply to all criminal acts that harm the interests of the Indonesian state PENALTIES Regarding what penalties can be imposed on someone who has been guilty of violating the provisions of the criminal law, the types of sentences that can be imposed are as follows: 4.1 Basic Penalties (1) The death penalty, regarding this death sentence, there are countries that have abolished the form of this sentence, such as the Netherlands, but in Indonesia itself the death penalty is sometimes still applied for several sentences although there are still many pros and cons to this punishment (2) Prison sentences, imprisonment itself can be divided into life imprisonment and temporary imprisonment A minimum prison sentence of year and a maximum of 20 years The convicted person must stay in prison for the duration of the sentence and must the work inside and outside the prison and the convicted person does not have Vistol Rights (the right to improve his destiny) (3) Imprisonment, this sentence is not as heavy as a prison sentence and is sentenced for minor crimes or violations Usually the convicted person can choose between imprisonment or a fine The difference between imprisonment and imprisonment is that the convict cannot be detained outside the area of his residence if he does not want to, while in prison sentences can be imprisoned anywhere, forced labor imposed on prison convictors is heavier than the work that must be done by the prison convicted and incarcerated prisoners have Vistol Rights, whereas imprisonment does not (4) Penalty for fines, in this case the convicted person may choose between fine and confinement themselves Maximum confinement in lieu of fines is months (5) Penalty closure, this sentence is handed down based on political reasons against people who have committed crimes threatened with imprisonment 4.2 Additional Penalties Additional penalties cannot be imposed individually but must be included in the main sentence The additional penalties include: (1) Revocation of certain rights (2) Confiscation of certain items (3) Announcement of the judge's decision http://www.iaeme.com/IJM/index.asp 240 editor@iaeme.com Rudy Yulianto CONCLUSION Environmental law enforcement is related to guidelines in taking policies related to coal mining area management planning Business world continuity, especially coal mining activities in the field can run smoothly In addition, it is important in conservation of the ecosystem and environment in the coal mining area Communities can obtain optimal benefits from coal mining activities, which is as much as possible for the prosperity of the people REFERENCES [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] Act Number of 2004 concerning Amendments to Act Number 23 of 1999 concerning Bank Indonesia LN of 2004 Number 7, TLN Number 4357 Anderson, James E 1979 Public Policy Making Houghton Mifflin, Boston Dunn, William N 2003 Analisis Kebijakan Publik Gadjah Mada University Press, Yogyakarta Jaya, H.P., Fernando, Ludang, Y 2018 Lakes and forests as a couple of environmental infrastructure in tropical countries International Journal of Civil Engineering and 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Environmental Law Enforcement Policy in Coal Mining, Murung Raya District, Central Kalimantan The term environmental law, is a relatively new conception in the world of science... http://www.iaeme.com/IJM/index.asp 237 editor@iaeme.com Formulation of Environmental Law Enforcement Policy in Coal Mining, Murung Raya District, Central Kalimantan 5) Policy Evaluation Policy evaluation... household income 3) Find the formulation of environmental law enforcement policies on coal mining in Murung Raya Regency? UNDERSTANDING POLICY According to Dunn (2003), public policy (public policy)