Administrative Law Enforcement through Supervision Instruments on Brantas River Pollution

Eduardo Saratoga Wrahatnala, Suparto Wijoyo, Radian Salman, Rosa Ristawati

Abstract


The Brantas River, which is a national strategic area, is currently experiencing pollution. The massive pollution of the Brantas River and causing its water quality to decline is a problem that must be taken seriously. The worrying quality of the Brantas River shows the performance of the Indonesian government at the central, provincial, and district/city levels in managing river quality. Although there has been a Supreme Court decision regarding the pollution of the Brantas River, the government does not yet have a comprehensive plan and serious political will to restore the polluted Brantas River. This paper aims to analyze the enforcement of environmental administrative law through monitoring instruments as the implications of a lawsuit for pollution of the Brantas River based on the Supreme Court of the Republic of Indonesia Decision No. 08/Pdt.G/2019/PNSb. Based on the results of the analysis, it is necessary to take concrete actions from executive institutions and the community so that the pollution of the Brantas River is immediately resolved and does not recur in the future and so that the water quality can improve better.


Keywords


administrative law; the instrument of supervision; lawsuit for pollution of the Brantas River; decision of the Supreme Court

Full Text:

PDF

References


Atmosudirdjo, Prajudi, State Administrative Law, Revised Edition, Jakarta: Ghalia Indonesia, 1982.

Basah, Sjachran, Three articles on Law, quoted by Diana Halim Koentjoro, Meaning, Methods and Functions of Supervision in Government Administration from the Optics SAL, Dimensions of State Administrative Law Thought, SF Editor. Marbun et.al, Yogyakarta: Faculty of Law UII Press, 2001.

Benuf, Kornelius & Azhar, Muhamad, Legal Research Methodology as an Instrument to Unravel Contemporary Legal Problems. Echo Justice Journal (ISSN: 0852-011), Vol. 7 Edition I, June 2020, pp. 20-33.

Berge, JBJM ten, Course Book, Recent Development in General Administrative Law in the Netherland, quoted by Reynaldo Sembiring (et al), First Edition, Annotation of Law Number 32 of 2009 concerning Environmental Protection and Management, Jakarta: Indonesia Center for Environmental, 2014.

East Java Provincial Environment Service, Report on the Results of Water Quality Monitoring Activities in the Surabaya Region which includes Surabaya River and Mas River, Surabaya: East Java Provincial Government, 2020.

Fadli, M., & Lutfi, M., Environmental Law, and Policy, Malang: Brawijaya Press University, 2016.

Hadjon, Philipus M., "Enforcement of Environmental Law in Environmental Management" in B. Arief Sidharta, ed., Items of Ideas on Implementing Law and Proper Governance, Bandung: Citra Aditya Bakti, 1996.

Hamidi, Jasim, Application of General Principles of Good Governance in the Indonesian Administrative Court, Bandung: Citra Aditya, 1999.

Hartanto, D. (2020). Sociology Review of Social Phenomenon, Social Rules and Social Technology. Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 3 (2): 1175-1184.

Manisalidis I, Stavropoulou E, Stavropoulos A and Bezirtzoglou E (2020) Environmental and Health Impacts of Air Pollution: A Review. Front. Public Health, February 2020. DOI: 10.3389/fpubh.2020.00014, accessed 5 October 2021.

Manucci PM, Franchini M. Health effects of ambient air pollution in developing countries. Int J Environ Res Public Health. (2017) 14:1048. DOI: 10.3390/ijerph14091048 CrossRef Full Text | Google Scholar, accessed 5 October 2021.

Marzuki, Peter Mahmud, Legal Research, Jakarta: Kencana Prenada Media Group, 2014, pp., 89-90.

Ministry of Environment and Faculty of Law, Guidelines for Enforcement of Environmental Criminal Law, First Edition, Bandung: Ministry of Environment and the Faculty of Law, Padjadjaran University, 2003.

Mukhlish, M., Environmental Administrative Law Concepts in Realizing Sustainable Development. Journal of the Constitution, 7(2), 2016, p. 067-098.

Padjadjaran University, Guidelines for Enforcement of Environmental Criminal Law, First Ed., Bandung: Faculty of Law Padjadjaran University, 2003, p. 3.

Priyono, Ery Agus, Research Methodology Lecture Material, Notary Masters Study Program, Semarang: Diponegoro University, 2003.

Purbopranoto, Koentjoro, Some Notes on Governance Law and State Administrative Courts, Bandung: Alumni, 1975.

Rangkuti, Siti Sundari, Environmental Law and National Environmental Policy, Third Edition, Surabaya: Airlangga University Press, 2005.

Ridwan H.R, Three Dimensions of Administrative Law and Administrative Justice, Yogyakarta: Faculty of Law UII Press, 2009.

Santosa, Mas Achmad, Development and Enforcement of Administrative Law in the Environmental Sector in the Context of Regional Autonomy, Quoted from Moh. Hasyim, “Administrative Law Enforcement against Industrial Business Permits as Juridical Instruments for Environmental Management (Study on Supervision and Application of Administrative Sanctions in Semarang City)”, Journal of Law Ius Quia Iustum, Edition No. 27 Vol. 11, 2004, p. 27.

Soemantri, Sri, Anthology of Indonesian Constitutional Law, Bandung: Alumni, 1992.

Soekanto, Soerjono & Mamudji, Sri, Normative Legal Research a Brief Overview, Jakarta: Raja Grafindo Persada, 2001.

Spell, N.M. & Berge, J.B.J.M. ten, Introduction to Licensing Law, edited by Philipus M. Hadjon, Surabaya: Yuridika, 1993.

Sudarsono, My Country Reaps Ecological Disaster Ignoring Religious, Customary, and Legal Norms Repositioning and Revitalizing Environmental Law Enforcement, Second Edition, Yogyakarta: Java Regional Environmental Management Center, 2007.

Regulations

Government Regulation Number 82 of 2001 concerning Water Quality Management and Water Pollution Control. State Gazette No. 153.

Law Number 32 of 2009 concerning Environmental Protection and Management, State Gazette of the Republic of Indonesia of 2009 Number 140.

Join Regulation of the State Minister for the Environment and the Head of the State Civil Service Agency Number: 09 of 2012, Number: 06 of 2012 concerning Provisions for Implementation of the Regulation of the State Minister for Administrative Reform and Bureaucratic Reform, Number 39 of 2011 concerning Functional Positions for Environmental Supervisors.

Minister of Environment Regulation Number 5 of 2014 concerning Waste Quality Standards.

Decree of the Chief Justice of the Supreme Court of the Republic of Indonesia Number 36/KMA/SK/II/2013 concerning the Enforcement of Guidelines for Handling Environmental Cases.

East Java Provincial Government, Main Report- Document of Environmental Management Performance Information for East Java Province, East Java Provincial Environmental Service, Surabaya, 2017, p. III-104-105.




DOI: https://doi.org/10.33258/birci.v4i4.3158

Article Metrics

Abstract view : 3 times
PDF - 1 times

Refbacks

  • There are currently no refbacks.


Creative Commons License
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

 

Creative Commons License
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.