Impact of Changes Criminal Sanction and Liability on Living Environment in the Job Creation Law

Abstract

Enactment of the Law on Job Creation (Act 11/2020) which brought the impact of changes to the laws it accommodated, one of which was the Law on Environmental Protection and Management (Act 32/2009). There are consequences with the accommodation of Act 32/2009 in Act 11/2020 in the form of changes and abolition of norms regarding sanctions and criminal responsibility for the environment in Act 11/2020. This study aims to provide insight into the potential for new crimes that arise due to changes in criminal sanctions and responsibility for the environment in Act 11/2020. This research is a normative juridical type with a law and conceptual approach. The results of the study indicate that changes in the norms of sanctions and criminal responsibility for the environment: the emergence of potential crimes in implementation and the environment in Indonesia, the emergence of potential arbitrariness of state businesses in issuing state administrative decisions because they are related to governance regarding state business governance administrative decisions complex state efforts are abolished, as well as weakening access to justice for people affected by previous environmental problems because the government has difficulty in carrying out responsibilities based on mistakes, which has the convenience of having strict principles of responsibility in environmental crime cases. Given the importance of the environment in daily life, it is essential to anticipate the consequences above so that they do not occur massively. When there is an opportunity to commit a crime, the law must be present to provide protection and justice.