ESENSI ASAS LEGALITAS DALAM PENEGAKAN HUKUM PIDANA LINGKUNGAN

Abstract

The criminal provisions in Law 32 of 2009 explicitly regulate and define an act categorized as an environmental crime. This provision is an implementation of the legality principle, which is strictly applied. Apart from these provisions, it is not a criminal act even though the impact can damage, pollute, or harm the environment. This condition becomes an opportunity for the perpetrator to avoid the criminal law enforcement process. Therefore it is necessary to know the essence of the legality principle in Indonesian criminal law and its application in environmental criminal law enforcement. This study uses a normative research method with a conceptual approach, a statutory approach, examines library materials, and secondary data. Legal materials are collected and analyzed and then described in the form of sentences to answer problems in writing. The legality principle will provide legal certainty for perpetrators of environmental crimes, and its application can provide limitations, firmness, clarity on an act that is allowed and prohibited to be committed.