Administrative Legal Accountability for B3 Waste Management Receiving Companies In Environmental Pollution Environmental
DOI:
https://doi.org/10.29103/micolls.v2i.135Keywords:
Administrative Legal Accountability, Management Receiving Companies, Environmental PollutionAbstract
Problems are essentially ecological problems. The essence of environmental problems is the reciprocal relationship between living things and their environment. Therefore, wise development (especially in the environmental field) must be based on environmental insight as a means to achieve sustainability and become a guarantee for the welfare of present and future generations. carried out by companies or legal entities besides having a positive effect, can also have negative effects such as pollution or environmental damage. including B3 waste management. Waste treatment is closely related to the factory production system. pollution occurs, the B3 waste management company is held accountable, but in practice there is a discrepancy in the B3 waste processing carried out by the company that accepts work. This research is normative legal research, which collects secondary data through literature studies, to obtain secondary data in the form of primary, secondary and tertiary legal materials. The primary legal materials are in the form of the 1945 Constitution, other laws, decisions of judges, which are relevant to this writing and research. Secondary legal material in the form of opinions from legal experts through textbooks, journals, articles, results of previous research, workshop papers, seminars, symposiums, discussions, magazines/newspapers, theses, dissertations, etc., which have something to do with the object of this research. Tertiary legal materials in the form of dictionaries and encyclopedias, relevant bibliographies and dictionaries. Field research was conducted to complement library data.
The results of the study show that legal liability to the employer due to negligence by the company that accepts B3 waste management in the event of environmental pollution is an unlawful act contained in Article 1365 of the Civil Code, Environmental Law Number 32 of 2009, which is contained in Article 87 (1) and Regulation of the Minister of Environment Number 5 of 2014 Concerning Wastewater Quality Standards, or waste being processed according to company operational standards (SOP) agreed between the management of PT. Medco with companies. Furthermore, the waste that has been processed internally in each industry will be sent to the Installation
References
Book
Asri Wijayanti, Hukum Ketenagakerjaan Pasca Reformasi. Sinar Grafika: Jakarta. 2009.
Alvin Toffler, , Future Shock, A Santas Book, Random House Inc., New York 1974.
Absori, Hukum Penyelesaian Sengketa Lingkungan, Muhammadiyah Univercity Pers, Surakarta, 2006.
-------------, Penegakan Hukum Lingkungan dan Antisi pasi dalam Era Perdagangan Bebas, Muhammadiyah University Press, Surakarta, 2001.
---------, Hukum Penyelesaian Sengketa Lingkungan Hidup, Sebuah Model Penyelesaian Sengketa Lingkungan Hidup dengan Pendekatan Partisipatif, Muhammadiyah. Surakarta, 2009.
Deni Bram, Hukum Lingkungan Hidup: Homo Ethic Menuju Eco Ethic, Gramata Publishing, Bekasi 2014.
David C. Korten, Menuju Abad Ke-21: Tindakan Sukarela dan Agenda Global, Yayasan Obor Indonesia, Jakarta. 1993.
Enri Damanhuri, Pengelolaan Limbah Berbahaya Dan Beracun , Diktat Kuliah TL-352 Fakultas Teknik Sipil Dan Perencanaan, ITB, Bandung, 1994.
H. Salim HS dan Erlies Septiana Nurbani, Penerapan Teori Hukum Pada Penelitian Tesis dan Disertasi, PT Raja Grafindo Persada, Jakarta, 2013.
Lester R. Brown, Kembali Di Simpang Jalan: Masalah Kependudukan dengan Sumber Daya Alam, Rajawali, Jakarta,1986.
Soedjono Dirdjosisworo, Pengamanan Hukum Terhadap Pencemaran Lingkungan Akibat Industri, Alumni, Bandung, 1983,
Wisnu Arya Wardhana, Dampak Pencemaran Lingkungan, Andi, Yogyakarta, 2004.
Legislation
Code of Civil law
Law Number I of 1946 concerning the Criminal Code Law Number 13 of 2003 concerning Manpower.
Law Number 1 of 1995 concerning Limited Liability Companies.
Law Number 23 of 1982 concerning Basic Environmental Provisions
Law Number 23 of 1997 concerning Environmental Management
Law 32 of 2009 concerning Environmental Protection and Management; LN of 2009 Number 140; TLN Number 5059.
Law No. 4 of 1997 concerning Environmental Management
Government Regulation no. 18 of 1999 concerning Hazardous Waste Management.
Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management,” State Gazette of the Republic of Indonesia. Year 2009 Number 140 and Supplement to the State Gazette of the Republic of Indonesia Number 5059.
Permen LH No 18/2009 concerning Procedures for Licensing for B3 Waste Management
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