Progressive Legal Approach in the Settlement of the Case of Hazardous and Toxic Waste (B3) by a Judge in the District Court

International Journal of Research and Innovation in Social Science (IJRISS) | Volume III, Issue II, February 2019 | ISSN 2454–6186

Progressive Legal Approach in the Settlement of the Case of Hazardous and Toxic Waste (B3) by a Judge in the District Court

Gineng Pratidina¹, Hartiwiningsih², Al. Sentot Sudarwanto³

¹Student of Graduate Program, Sebelas Maret University, Surakarta
²Lecturer of Graduate Program, Sebelas Maret University, Surakarta
³Lecturer of Graduate Program, Sebelas Maret University, Surakarta

Abstract— The direction of the long-term development in Indonesia is economic development based on industrial development. The development of the industry does not only producebeneficial products to the community, but also has a negative impact on the surrounding environment. One of these impacts is the production of waste. In Law Number 32 of 2009 concerning the Protection and Management of the Environment, it provides environmental management regulations including regulating environmental pollution issues. The important issues in this caseare related to positive legal arrangements in Indonesia regarding Hazardous and Toxic Materials and a progressive legal approach in resolving waste disposal disputes.The method used in this study was qualitative socio-legal approach based on the literature data. The analysis was qualitative. The techniques of collecting legal entities in this study were interviewing the environmental certified judges and conducting the literature study as a secondary data. The research results showed that the Government has issued Government Regulation No. 101 of 2014 concerning Management of Hazardous and Toxic Waste (B3 Waste), in which there have been significant changes from Government Regulation No. 18 and 85 of 1999, in which B3 Waste management must be carried out in an integrated manner because it can cause harm to human health, other living organisms, and the environment. Judges in the judicial process must pay attention to environmental conditions by being able to place criminal law as premium remedium, and use the principle of strict liability in decisions related to Hazardous and Toxic Waste. Judges who handle environmental dispute issues must have more understanding, knowledge and skills in the field of the environment. This is where integrity and joint commitment by all law enforcement officials are needed in carrying out the mandate of the constitution and the laws and regulations in the field of the environment.

Keywords—- Environment, Hazardous and Toxic Waste, Government Regulation No. 101 of 2014, Progressive Law

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