PENEGAKAN HUKUM GANGGUAN KEBISINGAN, GETARAN DAN KEBAUAN DI KABUPATEN SLEMAN

SYAIFUDIN, NIM. 14340100 (2021) PENEGAKAN HUKUM GANGGUAN KEBISINGAN, GETARAN DAN KEBAUAN DI KABUPATEN SLEMAN. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (PENEGAKAN HUKUM GANGGUAN KEBISINGAN, GETARAN DAN KEBAUAN DI KABUPATEN SLEMAN) 14340100_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (4MB) | Preview
	Text (PENEGAKAN HUKUM GANGGUAN KEBISINGAN, GETARAN DAN KEBAUAN DI KABUPATEN SLEMAN) 14340100_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (3MB)

Abstract

Plywood industry activities cause pollution in the form of noise and odor disturbances in Sleman Regency. Violations of environmental pollution have gone through a criminal court process. Because it violates the provisions of environmental law. The purpose of this study is to find out and explain: (1) To find out the process of law enforcement on environmental disturbances in cases at the Sleman District Court and parties who are criminally charged in the event of a crime of noise, vibration and odor disturbances. (2) To find out whether the judge’s decision in determining the case fulfills a sense of justice or not. The type of this research is field research, the nature of this research is qualitative, the approach of this research is normative juridical, the data collection technique is literature study and interviews, and the analysis technique of this research is descriptive analytical. The results of this study conclude that: First, the law enforcement process for noise, vibration and odor disturbances is carried out based on legal procedures and based on statutory regulations. In this case, the process of investigation, proof and prosecution uses the reference to Law Number 32 of 2009 concerning Environmental Protection and Management (Undang-Undang Nomor 32 tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup). Second, the judge in imposing a sentence on the perpetrators of pollution, pollution and disturbance must first consider the juridical nature, namely the judge’s considerations based on the facts revealed in the trial and by the law that has been determined as a matter that must contain a decision, whether the activities of the perpetrator has fulfilled all or part of the elements in this environmental pollution crime. In addition, the judge also considers before making a decision from non-juridical considerations. The judge's belief is seen from the facts revealed in the trial, in the form of evidence, witnesses and witness statements, because in a judge's decision there may not be doubts in the judge's principle, the judge must provide certainty in giving a decision whether If the defendant is released or remains in custody, it is a condition of the judge's conviction. The judge's belief will give a decision to the defendant in accordance with the elements that are met in the facts of the trial and the conscience of the judge himself, as well as juridical and non-juridical considerations that exist against the defendant and the affected environment, because the judge has the right to make the decision and is free from intervention. . The judge gave the defendant's decision in accordance with the provisions of UUPPLH article 98.

Share this knowledge with your friends :

Actions (login required)

View Item