Analisis Yuridis Penerapan Asas Ultimum Remedium dalam Penegakan Hukum Pidana Lingkungan Hidup di Indonesia

Abstract

The increasing number of cases of environmental pollution and damage in Indonesia indicates that environmental law enforcement still faces various obstacles, particularly in the application of the principle of ultimum remedium. This principle places criminal law as a last resort after administrative legal instruments are ineffective, but in practice, criminal law is often directly applied to certain violations. This study aims to analyze the regulation of the principle of ultimum remedium in environmental criminal law in Indonesia and its application in law enforcement. The research method used is normative legal research with a statutory approach, a conceptual approach, and a case approach. Legal materials were obtained through a literature review of laws and regulations, books, scientific journals, and court decisions. The results of the study indicate that the regulation of the principle of ultimum remedium is regulated in Law Number 32 of 2009 as amended by Law Number 6 of 2023, specifically Article 100 which prioritizes administrative sanctions before criminal sanctions. However, its application is not absolute, as criminal law can be applied directly to crimes that cause serious environmental pollution or damage, as stipulated in Articles 98 and 99, to provide effective legal protection for the environment and society.