刑事诉讼法对环境污染破坏责任人的适用

Rochmani Rochmani, Safik Faozi, Wenny Megawati, Dyah Listyarini
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引用次数: 1

摘要

污染和/或环境破坏继续发生,根据环境质量指数(IKLH),印度尼西亚的环境受到越来越多的破坏,许多各方都受到了人类和环境本身的伤害,但环境案件尚未找到有效的解决办法。因此,有必要考虑如何有效地解决环境问题,并考虑到环境本身的公正。应该实现一个良好和健康的生活环境。这一愿望可以通过实施适当的法律来实现,这些法律可以阻止污染和/或破坏环境的肇事者。本研究的目的是;分析和解释环境案件的有效解决方案,考虑到环境本身和刑法的应用,可以阻止环境污染和/或破坏的肇事者。本文采用的研究方法是规范法研究,为不具体的案件寻找法律依据。在刑事法律文书环境案件解决的司法实践中,在举证方面还存在障碍,还需要思考法律没有规定的其他问题,特别是环境犯罪的构成问题。使用刑法文书更为有效,因为检察官拥有更广泛的强制权力,例如拘留、搜查和更快的执行。刑法文书不仅震慑违反它们的人,而且也针对其他人,使他们如果不想受到刑事制裁,就不会犯下违反法律的行为。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Implementation of Criminal Law to Determine Persons of Environmental Pollution and/or Destruction in Court
Pollution and/or environmental damage continues to occur and according to the Environmental Quality Index (IKLH) the environment in Indonesia is increasingly damaged and many parties are harmed both humans and the environment itself but an effective settlement of environmental cases has not been found. Thus it is necessary to think about being able to resolve environmental issues that are effective and consideratejusticethe environment itself. A good and healthy living environment should be realized. This desire can be realized by applying appropriate laws that can deter perpetrators of environmental pollution and/or destruction. The purpose of this research is; to analyze and explain the effective resolution of environmental cases that takes into account the environment itself and the application of criminal law that can deter perpetrators of environmental pollution and/or destruction. The research method used is normative legal research to find the law for an in-concocreto case. Criminal law instruments in the settlement of environmental cases in judicial practice, there are still obstacles in presenting evidence, it is still necessary to think about other issues that are not regulated in the law, especially the formulation of environmental offenses. The use of criminal law instruments is more effective because prosecutors have wider powers of coercion, for example detention, search, and faster execution. Criminal law instruments not only deter people who violate them but are also aimed at other people so they do not commit acts that violate the law if they do not want to be subject to criminal sanctions.
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