Implications of the Ultimum Remidium and Primum Remidium Principles for Environmental Law Enforcement After the Issuance of Law Number 1 of 2023 concerning the Criminal Code

Abstract

The research entitled Implications of the Principles of Ultimum Remidium and Primum Remidium on Environmental Law Enforcement After the Issuance of Law Number 1 of 2023 concerning the Criminal Code aims to determine the application of the principles of ultimum remidium and primum remidium in enforcing environmental law and to analyze the implications of the principles. ultimum remidium and primum remidium towards environmental law enforcement after the issuance of Law Number 1 of 2023 concerning the Criminal Code. The method used in this research is the normative juridical method, which is a type of approach based on the main legal material by examining theories, concepts, legal principles and statutory regulations related to this research. The results of this research can be concluded that the application of the principles of ultimum remidium and primum remidium in enforcing environmental law applies simultaneously, where the principle of ultimum remedium is applied if administrative law is declared unsuccessful, then criminal law is utilized as a last resort in improving the environment. Meanwhile, the principle of Primum remedium is applied if an act is deemed to be truly detrimental to the interests of the state and the people, both according to the applicable law and according to the feelings of the community, then criminal sanctions are the main choice. The implications of the principles of ultimum remidium and primum remidium for environmental law enforcement after the publication of Law Number 1 of 2023 concerning the Criminal Code is the increasingly weakening of environmental law enforcement. Several existing articles have the potential to weaken criminal action against environmental damage even though criminal acts of environmental pollution have been removed from the Criminal Code and returned to Law No. 32/2009 concerning Environmental Management and Protection (PPLH). However, the provisions on corporate criminal offenses are regulated narrowly.