The Study on Legal Issuance of the Statement of Environmental Management for Micro Industry of Lambak Cracker (A case study in Plered subdistrict – Cirebon regency)

Abstract

The Statement of Environmental Management (SPPL-Surat Pernyataan Pengelolaan Lingkungan Hidup) is capability statements by a firm official regarding managing and supervising capability about environment and industry effect towards the environment in accordance to AMDAL (Analisis Mengenai Dampak Lingkungan-Environmental Impact Assessment) or UKL (Upaya Pengelolaan Lingkungan HidupEnvironmental Management Effort) UPL (Upaya Pemantauan Lingkungan Hidup-Environmental Supervising Effort). In this research, how legal stipulation controls the issuance of the statement of environmental management for micro industry in accordance to current law and how the legal effect towards illegal micro industry were the main focuses which being discussed, especially to Kerupuk Lambak Industries. The aims of the research were to determine and analyze legal aspect which control the issuance of the statement of environmental management for micro industries and legal enforcement by Cirebon Regency Environmental Department. Research methodology used in this research was normative legal method, which analyze Law No. 32 of 2009 Article 35 Section (1) on the statement of environmental management. According to the findings in Trusmi Village in Plered Subdistrict – Cirebon Regency, it found that there is a number of industry do not have the statement of environmental management. One of disobidience samples is found in micro industries of Lambak cracker. According to findings, it indicated that entrepreneurs are disobidience towards the Law No. 32 of 2009 Article 35 Section (1), and the law enforcement is poor. It was due to the main implementor, Environmental Department of Cirebon Regency, did not distinct in enforcing the law. Keywords—law enforcement; the statement of environmental management; micro industry I. BACKGROUND OF STUDY The current regulation about environment preserving and management decree, there are disobidience among micro industries in Cirebon Regency, one of them is Lambak cracker industry in Trusmi Village. Lambak cracker is originally from Cirebon Regency. These micro industries have crucial roles for the society because it can give a better life in financial to support and decrease unemployed. According to a survey in Trusmi Village, there are 5 micro industries which do not have the statement of environmental management. One of example of their disobidience is coming from the actor of Lambak cracker industry. This data indicates that the owners are disobidience towards Law No. 32 of 2009 Article 35 Section (1) on Environment Preserving and Management. The main question is how the laws controls the statement of environmental management for micro industries based on the law and what are the effects of this disobidience, especially to Micro Industries of Lambak cracker. According to Indonesia Law No. 32 of 209 Article 1 Section (1) on Environment Preserving and Management, it defines that environment is the unity of space including all of things, energies, circumstances and living creatures, including human beings and its behaviour, which affect the space itself, lifetime and human and other creatures prosperity. This law is in line with good and healthy environment mandated by the Law Article 28 H. It stated “everyone has rights to live in a good life physically and spiritually, to have a home and live in a good and healthy environment and deserve to get a better health service”. Law No. 32 of 2009 Article 35 Section (1) states that all kind of industries, especially micro industries, which do not require Environmental Impact Assessment must have Surat Pernyataan Pengelolaan Lingkungan Hidup (statement of environmental management). It is one of the required document that micro industries must have. This research is focused on investigating the implementation of (Statement of Environmental management) for small industries. II. LITERATURE REVIEW Based on research background above, grand theory used in this study is the theory of law goal [1]. According to Gustav International Symposium on Social Sciences, Education, and Humanities (ISSEH 2018) Copyright © 2019, the Authors. Published by Atlantis Press. This is an open access article under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/). Advances in Social Science, Education and Humanities Research, volume 306