Fallacy Orientation in Environmental Administrative Sanctions: A Democracy And Environmental Justice Perspective

Abstract

Environmental protection is mandated by the 1945 Constitution of the Republic of Indonesia regarding the right to a good and healthy environment. Changes in the regulation of administrative sanctions in Law No. 32/2009 with Law No. 6/2023 should be a solution, but in fact there are still many violations that cause pollution and / or environmental damage. The purpose of this research is to analyze the concept of administrative sanctions applicable in Indonesia and whether it has been able to meet legal needs to protect the environment. This research uses statutory and conceptual approaches with primary and secondary legal materials. The results shows that administrative sanctions in the field of environmental protection and management in Indonesia are not oriented towards recovery and not prioritized in certain formal criminal acts. This causes not fulfilling 2 elements of the purpose of imposing administrative sanctions, namely tackling pollution and/or environmental damage; and restoring the quality of the environment due to pollution and/or environmental damage, and not in accordance with the nature of administrative sanctions, namely reparatoir-condemnatoir. In terms of environmental protection, the government should prioritize and make sanctions that are oriented towards maximum protection and recovery, not just stopping violations that make the environment no longer considered. Because, the environment needs more protection and recovery actions. Administrative sanctions that don’t restore the environment can have long-term impacts and affect public health, quality of life in general, and future generations.