Kajian Alat Bukti Dalam Undang-Undang Republik Indonesia Nomor 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan Hidup Dalam Sistem Pembuktian Perkara Pidana

Abstract

The quality deterioration of environment has threatened the continuity of life of humans and other living things. For it is necessary for the protection and management of the environment seriously and consistently by all stakeholders. In the field of pollution control, enforcement of criminal and administrative law becomes one of the activities. The research questions in this study were how the addition of the evidence in Act Number 32 Year 2009 on the Protection and Environment Management, what backgrounds the addition of evidence and how the role of evidence in the system of proving an environment case. In conducting this research, the author used a normative legal research method that describes the principles of law in proving environment case as well as Law of Procedure and other supporting regulations. From this study it can be concluded that due to a growing historical facts, modes of crimes carried out in various ways and actions are always changing in order to trick the investigation process the evidence set out in article 184 of the Criminal Code which have not accommodated a variety of supporting evidence available. Therefore expansion of the evidence is necessary. However, that evidence can not stand alone and requires other evidences. For example evidence which witnesses know or expert testimony which explains the authenticity of the evidence in question. Next, the expansion of the evidence emerged because of the modes of environmental crimes carried out in various ways and actions (the development and advances in technology and information) in order to trick the process of investigation and evidence in proving a criminal case in the system environment is very important, that in a criminal environment case at least two valid evidences are required. The author suggested that it is time to implement evidence in Aricle 96 letter (f) of Act Number 32 Year 2009 on the Protection and Management of the Environment, such as expert witness testimony and then to law enforcement officials should always anticipate the kinds of environmental crimes committed in various ways and actions are always changing in order to trick the criminal case investigation process and the role of environmental evidence must be paid attention so that verdict of court is not arbitrary.. As a consequence, environmental protection and management runs as mandated by Act Number 32 Year 2009.