Implementasi Keadilan Restoratif Dalam Penegakan Hukum Sumber Daya Alam

Abstrak

The implementation of restorative justice in the natural resource law enforcement sector, such as in the forestry sector, which is a gift and gift from God Almighty mandated to the Indonesian people, is a wealth controlled by the state and provides benefits for mankind that must be gratefully acknowledged, managed and utilized in an equitable manner. optimally and maintained for the greatest prosperity of the people as stated in the 1945 Constitution of the Republic of Indonesia.

Utilization and use of forest areas must be carried out appropriately and sustainably by considering ecological, social, and economic functions as well as to maintain sustainability for present life and the lives of future generations. There has been forest destruction caused by the use of forests and the use of forest areas that are not in accordance with the provisions of laws and regulations.

Deforestation, especially in the form of illegal logging, mining without permits, and plantations without permits, has caused state losses, damaged socio-cultural and environmental life, and increased global warming which has become a national, regional and international issue.

Forest destruction has become a crime that has extraordinary, organized and transnational impacts carried out with a sophisticated modus operandi, has threatened the survival of people's lives so that in the context of preventing and eradicating effective forest destruction and providing a deterrent effect, a strong and capable legal basis is needed. ensure the effectiveness of law enforcement, namely Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction.

After the enactment of Law Number 11 of 2020 concerning Job Creation which in its provisions amends to add and delete Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, it creates problems in law enforcement of natural resources, including in terms of removing the legitimacy of existing restorative justice. in several articles of Law No. 18 of 2013 concerning the Prevention and Eradication of Forest Destruction, which are related to the formulation of administrative and criminal sanctions.

The purpose of this study is to find out and analyze the implementation of restorative justice in the positive legal system in Indonesia in the natural resource law enforcement sector and to find out the juridical implications after the enactment of Law Number 11 of 2020 concerning Job Creation on the implementation of restorative justice in the sector. natural resources.

The result of the research is that after the enactment of Law Number 11 of 2020 concerning Job Creation, it has negative implications for the environment and society because the aim is to accelerate investment without paying attention to good natural resource management and environmental sustainability and community welfare which is the mandate of Article 33 of the State Constitution. Republic of Indonesia. Law Number 11 of 2020 concerning Job Creation narrows the right to community participation, which is of course closely related to the narrowing of the right to information and the right to environmental justice. Whereas these three pillars are pillars that need to be guaranteed in the context of fulfilling the right to a good and healthy environment, as guaranteed in Article 28 H paragraph (1) of the 1945 Constitution, namely: Everyone has the right to live in physical and spiritual prosperity, to have a place to live, and to have a good environment. who are good and healthy and have the right to obtain health services and Law Number 32 of 2009 namely CHAPTER X Rights, Obligations and Prohibitions. The application of restorative justice in the field of natural resource management will have a positive impact on the environment so that the State in this case can carry out the mandate of the constitution Article 33 paragraph (3) and Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia.