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Pertanggungjawaban Pidana Importir Limbah Bahan Berbahaya dan Beracun Ditinjau dari Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup Kota Batam
IMPORTIR CRIMINAL LIABILITY OF HAZARDOUS AND TOXIC WASTE MATERIAL BASED ON LAW NUMBER 32 YEAR 2009 ON THE PROTECTION AND MANAGEMENT OF THE
ENVIRONMENT IN BATAM
ABSTRACT
The Government is declared Batam Island as a Free Trade Zone and Free Port under Law No. 27 Year 2007, the Government Regulations No. 1 Year 2007. The Indonesian Government establishes Free Trade Zone and Free Port in the Batam Island including the islands of Tonton, Setokok, Nipah, Rempang, Galang and Galang Baru. As the results of Free Trade Zone, more than 34 countries have invested in Batam Island today. Nevertheless, the status of Free Trade Zone of Batam which facilitates foreign investments has also caused a negative consequence on the environment of Batam Island. Several companies operating in Batam produce hazardous and toxic waste.
In relation to environmental protection, Indonesia has ratified international instruments such as Stockholm Convention 1972, Basel Convention on the Control of Trans boundary Movement on Hazardous Waste and Their Disposal. In addition,the Indonesian government has enacted a new environmental law, namely Law No.32 Year 2009 on the Protection and Management of Environment to revise Law No. 23 Year 1997 on Environmental Management.
Protecting environment and promoting investments has become one of the crucial issues in Batam Island. The Batam government plays important roles to ensure that companies operating in Batam do not violate the environmental law, i.e. Law No. 32 of 2009 on the Protection and Management of Environment. The dilemma occurs when companies produce hazardous waste which pollutes the environment of Batam.
The Batam government faces difficult choices in enforcing the sanctions stipulated under Law No. 32 Year 2009. Based on the Law, administrative sanction should be imposed as a first measure before enforcing other sanctions (Ultimum Remedium). This paper aims to discuss several cases occurring in Batam Island relating to the violations of environmental law and the approaches of Batam government to the cases tobalance between environmental protection and foreign investment promotion.
Keywords: Environment, Free Trade Zone, Batam Island
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