Open AccessPertanggung Jawaban Pidana Terhadap Pelaku Tanpa Izin Mengumpulkan Limbah Oli Tanpa Melakukan Pengelolaan
Author(s) -
Steven Gozalex,
Kartina Pakpahan,
Salim Pradana,
Aldo Christian T
Publication year - 2019
Publication title -
jurnal selat/jurnal selat
Language(s) - English
Resource type - Journals
eISSN - 2579-5767
pISSN - 2354-8649
DOI - 10.31629/selat.v6i2.1066
Subject(s) - sanctions , paragraph , carelessness , hazardous waste , business , normative , law , language change , political science , waste management , engineering , psychology , art , psychiatry , literature
Everyone is prohibited from collecting B3 waste, especially oil, without the provision of a Minister, governor or regent/mayor in accordance with their authority. This is regulated in article 59 paragraph (4) and criminal sanctions are contained in article 102 of the UUPPLHD and in PP article 1 paragraph 2 Government Regulation No. 18 of 1999 concerning Management of Hazardous and Toxic Waste. B3 waste especially oil can damage the environment. This research uses normative juridical methodology with reference to secondary data sources as the main legal material analyzed and arranged systematically and then draws a descriptive conclusion. Specifically B3 waste is the rest of the business and/or activity containing hazardous materials and/or toxic due to the nature and/or the concentration and / or amount, either directly or indirectly, can pollute and/or damage the environment, and/or can endanger the environment, health, the survival of humans and other living things. Oil as a dirty lubricant/oil, which by deliberately collected for resale to those who need it can damage the environment because sida from sediments dumped into the soil media can cause soil damage. The remaining oil must be processed or given to companies that can process waste so it is not dangerous. Actors can be responsible if there is an error in the guards, there is no forgiving and justifying element in the perpetrator and fulfills the subjective and objective elements of article 102 jo 59 paragraphs (4) Law Number 32 of 2009 concerning Environmental Management.