CHAPTER I

INTRODUCTION

I.I. Background

Environment is included in one of the most crucial things in this world. One of

the reason is that environments very important for the survival of humankind. We

can use the potential such as natural resources of the environment to fulfill our needs.

Often we see that there are so many people using the potential of environment as their

main livelihood. To maximizing the benefit that human can get from the environment,

human start to creating the technology that makes humans works easier. Because of

that, the culture in the humans life is slowly changed, from the era when human still

doing their work by their own hands until the modern era when almost every humans

work have been done by the helped of machines or technology.

The fast improvement of technology have a directly influence toward the

improvement of industrials world. This improvements has various effect, such as the

increasing of citizens welfare, citizens income, and also the decreasing of the

unemployed citizen. The various effect thatve been mentioned before are the good

effect of industry. But the improvement of the industry also has a bad effect, such as

pollution that caused by the waste of the industrial activity. Industrial activity often

creating the waste that can be included as a hazardous and toxic substances or

commonly said Bahan Berbahaya dan Beracun (B3). The pollution that caused by

the waste of hazardous and toxic substances can make the quality of environment

decreased, that can become a threat to the continuity of human and other living things
on the environment. As we know, good and healthy environment is become one of the

human rights for Indonesia citizens. Quoting from the Article 28 H clausa 1 from our

constitution UUD 1945, Setiap orang berhak hidup sejahtera lahir dan batin,

bertempat tinggal, dan mendapatkan lingkungan hidup yang baik dan sehat serta

berhak memperoleh pelayanan kesehatan. The rights of healthy and good

environment also mentioned in Article 65 clausa 1 of UU 32 Years 2009 Setiap

orang berhak atas lingkungan hidup yang baik dan sehat sebagai bagian dari hak

asasi manusia. One of the way to make sure that the rights of a healthy and good

environment can be fulfilled is by doing the right law enforcements. In this context,

law enforcement is become one of the tool to fulfilled the human rights. Law

enforcement used to enforcing the law norms in attemption of protection and

managing the environment.

There is a case in Aceh where a big company named PT.Exxon Mobil conduct

a pollution that caused by one of the kind of industrial waste that contains hazardous

and toxic substances called mercury (Hg) in the river in that area, that caused the

residents who using the water to fulfill their needs suffering from itching and also the

living things in the water such as fish found dead because of the pollution.

So in this paperwork, the author will be explain about the law enforcement of

the pollution especially that caused by the waste that can be included as a hazardous

and toxic substances.

I.II Problem Formulation

1. What is industrial waste that contains a hazardous and toxic substances ?

2. How the law enforcement towards the pollution that caused by the industrial

waste that contains hazardous and toxic substances that conduct by PT. Exxon

Mobil in Aceh ?

I.III Purpose

1. Knowing and understanding about industrial waste that contains hazardous and

toxic substances.
2. Knowing, understanding, and analyzing the law enforcement towards the

pollution that caused by the industrial waste that contains hazardous and toxic

substances that conduct bt PT. Exxon Mobil in Aceh.

CHAPTER II

DISCUSSION
II.I. Industrial Waste and Hazardous and Toxic Substances.

As we know, Industry have a really important part as one of of the way to

suppot the improvement in economic sector. Thats why the developing in industrial

sector needs to be done. But, no matter how many the good purpose of the industrial

development, we cant deny that in every industrial activitity that conduct, its always

created the industrial waste that oftenly caused a trouble for environment.

The waste that produced from industrial activity called Industrial waste. The

waste can be formed in solid or liquid waste or gas, wether its include in B3

(Hazardous and Toxic Substances ) or non B3 (Non-hazardous and toxic substances).

The waste that include in hazardous and toxic substances (B3) is every waste that

contains hazardous substances and/or toxic because of the characteristic and/or

concetrate and/or the amount of it, directly or indirectly destructive or endanger

humans health and environment.

The waste that contain hazardous and toxic substances (B3) can caused such as :
a. Short-term acute hazard. Toxicity acute from accidentally swallowed, sucked

through the respiration, absorbed through the skin, corosivity, or another hazard

towards skin or eyes, or the rick of fire or explosion.

b. Long-term environmental hazard. Toxicity chronis because of the continuing

exposure, carsinogenicity, biodegradasi, potention to pollute the water in the

surface or underground, uncomfortably bad strong smell.

II.II. The Law Enforcement Based on The UU 32 Years 2009.

Good and healthy environment is become one of the human rights for

Indonesia citizens. Quoting from the Article 28 H clausa 1 from our constitution UUD

1945, Setiap orang berhak hidup sejahtera lahir dan batin, bertempat tinggal, dan
mendapatkan lingkungan hidup yang baik dan sehat serta berhak memperoleh

pelayanan kesehatan. The citizens right about environment also regulated in Article

65 UU 32 Years 2009 about protection and managing of the environment. The

existence of rights also goes along with the existence of obligations. In the UUPPLH

also regulated about the obligation in the article 67 Setiap orang berkewajiban

memelihara kelestarian fungsi lingkungan hidup serta mengendalikan pencemaran

dan/atau kerusakan lingkungan hidup also mentioned in article 68

Setiap orang yang melakukan usaha dan/atau kegiatan berkewajiban:

a. memberikan informasi yang terkait dengan perlindungan dan pengelolaan

lingkungan hidup secara benar, akurat, terbuka, dan tepat waktu;

b. menjaga keberlanjutan fungsi lingkungan hidup; dan
c. menaati ketentuan tentang baku mutu lingkungan hidup dan/atau kriteria baku

kerusakan lingkungan hidup

In Indonesia, the regulations that regulating the protection of environmental

regulated in UU No. 32 of 2009 on the Protection and Environmental Management.

Within the regulation, there are three ways of law enforcement that can be done for

the protection of the environment. They are :

1. Law enforcement based on Administrative law

According to the J.Ten Merge, the law enforcement through the administrative law

divided into 2 ways, such as :

a. Supervision
Conducted by 2 parties, government ( Article 71 UUPPLH) and citizens

(Article 70 UUPPLH).
b. Administrative sanction (Article 76 UUPPLH)
The sanctions divided into :
Written warning
Government coercion
Suspension of environmental license
Revocation of environmental license.
2. Law enforcement based on Civil law
 The law enforcement of environment in civil law can be conduct in 2 ways, inside

the court ora outside the court. Outside the court can used the service of mediator

or arbiter. Inside the court, thw law enfrocement of environment in civil law can

be conduct in 3 ways, they are :

Class Action or Lawsuit by the Citizens
Regulated in articel 90 UUPPLH. Citizens have a right to entitled class

action for their own interest or for the benefit of the people if sufferes

losses due to pollution and/or damage in environment. The lawsuit can be

filed if there are similarities facts or events, the legal basis, as well as the

kinds of demands between representatives of groups and group members.

Right to sue for the organization
Regulated in article 92 UUPPLH. This right can be granted in the

framework of the implementation of the responsibility of environmental

protection and management, environmental organizations entitled to file a

lawsuit for the sake of environmental functions. Rights limited to a claim

filed suit to perform certain actions without any demand for compensation,

unless the cost or real spending. The requirements for organization can

filed a lawsuit are :

a. a legal entity;
b. asserted in its charter that the organization was founded for the sake of

environmental functions; and

c. has been conducting real in accordance with its articles of at least 2

(two) years.
Right to sue for the government.
Regulated in article 90 UUPPLH. Government instancy and local

governments are responsible for the environmental authorities filed a claim

for damages and specific action against businesses and / or activities that

cause pollution and / or damage to the environment resulting

environmental damages.
3. Law enforcement based on Criminal law
 According to the UUPPLH there are legal actions that can be called as a criminal

actions if its violated the provisions that regulated in UUPH. The provisions are :
Provisions concerning quality standards
The provisions on genetic engineering
The provisions on waste
Provisions on Land
Provisions on the Environmental Permit
Conditions of Environmental Information

The Case

Environment Pollution conduct by PT Exxon Mobil.

An online media announces that PT Exxon Mobil dispose of waste mercury

(Hg) or metallic mercury into the fields and rivers in Cluster I Syamtalira, in Hueng

village, Tanah Luas subdistrict, North Aceh. As a result, rice fields owned by residents

damaged and river is polluted. For the citizens who use the river water for take a bath

and washing or other like, experience itching in their skin. Not only that, even found a

lot of dead fish because of mercury waste belonging to PT Exxon Mobil.1 In the end

of September 2012, PT. Exxon Mobil conduct an environment pollution again.

Hazardous substances from PT. Exxon founded in the flow of water in the residents

around Gampong Ampeh, Tanah Luas subdistrict, North Aceh.2 That hazardous

substances is an old unusable oil belonging to PT. Exxon Mobil. That oil has been

used as a power plant or electric generator. That pollution causing the paddy field that

belongs to the citizens and the living things polluted.

By knowing the cases, the law enforcement that can be conduct in 3 ways, they are :

1http://www.kompasiana.com/yantigobel/limbah-mercury-ancam-kesehatan-masyarakat-

aceh_55005875a333117c6f510b69

2http://www.kompasiana.com/yantigobel/limbah-mercury-ancam-kesehatan-masyarakat-

aceh_55005875a333117c6f510b69
1. Administrative ways
The first attempt to enforcing the laws are conduct in administrative law way.

Towards the violation of UUPPLH, the party that have the authority can give an

administrative sanction suitable with article 76 clausa 2 UUPPLH such as :

Written warning
Government coercion
Suspension of environmental license
Revocation of environmental license.
The imposition of that sanction do not make the responsible party free from

recovery responsibilities and criminal punishment. (Article 78 UUPPLH)

2. Civil Law ways
The law enforcement through the civil law way, can be conduct in 2 ways, inside

the court or outside the court. The options are up to the dispute parties. If the

dispute resolution outside the court didnt work out the other option are dispute

resolution inside the court. Towards PT. Exxon Mobil thatve been conduct

pollution of environment and caused the resident suffered losses, then the

company can be subjected into 3 articles :

a. Article 1365 Civil Law Code, about unlawful acts,
"Tiap perbuatan yang melanggar hukum dan membawa kerugian kepada

orang mewajibkan orang yang menimbulkan kerugian itu karena

kesalahannya untuk menggantikan kerugian tersebut."

b. Article 87 clausa (1) UU No.32 years 2009.

Setiap penanggung jawab usaha dan/atau kegiatan yang

melakukan perbuatan melanggar hukum berupa pencemaran

dan/atau perusakan lingkungan hidup yang menimbulkan

kerugian pada orang lain atau lingkungan hidup wajib

membayar ganti rugi dan/atau melakukan tindakan tertentu.

c. PT. Exxon Mobil also can be imposed with strict liability that regulated in

article 88 UU No. 32 years 2009.

 Setiap orang yang tindakannya, usahanya, dan/atau

kegiatannya menggunakan B3, menghasilkan dan/atau

mengelola limbah B3, dan/atau yang menimbulkan ancaman

serius terhadap lingkungan hidup bertanggung jawab mutlak

atas kerugian yang terjadi tanpa perlu pembuktian unsur

kesalahan.

The lawsuit can be conduct by government, organization, or citizens.

3. Criminal Law ways

The action that conduct by PT Exxon Mobil that pollute the environment with

hazardous and toxic substances can be subjected using article :

a. Article 103 UU 32 years 2009
Setiap orang yang menghasilkan limbah B3 dan tidak melakukan

pengelolaan sebagaimana dimaksud dalam Pasal 59, dipidana dengan pidana

penjara paling singkat 1 (satu) tahun dan paling lama 3 (tiga) tahun dan

denda paling sedikit Rp1.000.000.000,00 (satu miliar rupiah) dan paling

banyak Rp3.000.000.000,00 (tiga miliar rupiah). .

b. Article 106 UU 32 years 2009

Setiap orang yang memasukkan limbah B3 ke dalam wilayah

Negara Kesatuan Republik Indonesia sebagaimana dimaksud

dalam Pasal 69 ayat (1) huruf d, dipidana dengan pidana

penjara paling singkat 5 (lima) tahun dan paling lama 15 (lima

belas) tahun dan denda paling sedikit Rp5.000.000.000,00 (lima

miliar rupiah) dan paling banyak Rp15.000.000.000,00 (lima

belas miliar rupiah).

 The criminal lawsuit and sanctions can be addressed to :
a. Legal corporate
b. Person who give an order to conduct that crime or the chief of that activity.

CHAPTER III

CLOSING

III.I.Conclusion

Industry have a really important part as one of of the way to suppot the improvement

in economic sector. Thats why the developing in industrial sector needs to be done.

But, no matter how many the good purpose of the industrial development, we cant

deny that in every industrial activitity that conduct, its always created the industrial

waste that oftenly caused a trouble for environment. The waste that included in

hazardous and toxic substances (B3) is every waste that contains hazardous

substances and/or toxic because of the characteristic and/or concetrate and/or the

amount of it, directly or indirectly destructive or endanger humans health and

environment. As we know, good and healthy environment is become one of the

human rights for Indonesian citizens. Law enforcement is become one of the tool to

fulfilled the human rights. Law enforcement used to enforcing the law norms in

attemption of protection and managing the environment. For the pollution case that

conduct by PT. Exxon Mobil, there are 3 kinds of law enforcements that can be

conduct :
1. Law enforcement based on Administrative law
The imposition of administrativa law sanction, such as:
Written warning
Government coercion
Suspension of environmental license
 Revocation of environmental license.

2. Law enforcement based on Civil law

PT. Exxon Mobil can be subjected with :
a. Article 1365 Civil Law Code, about unlawful acts,
b. Article 87 clausa (1) UU No.32 years 2009,
c. PT. Exxon Mobil also can be imposed with strict liability that regulated in

article 88 UU No. 32 years 2009.

3. Law enforcement based on Criminal law
PT. Exxon Mobil can be subjected with :
a. Article 103 UU 32 years 2009
b. Article 106 UU 32 years 2009

Law Enforcement Toward Environmental Pollution Caused By

The Industrial Waste That Contain Hezardous and Toxic Substances

 (Bahan Berbahaya dan Beracun)

For the purpose of fulfilling the assignment of Environmental Law.

Lecturer :

Dr. Istislam, SH., M.Hum

By :

Nisha Ardhayani

145010100111018

BIBLIOGRAPHY
Peraturan Pemerintah No. 85 Tahun 1999 Tentang : Perubahan Atas Peraturan Pemerintah

No. 18 Tahun 1999 Tentang Pengelolaan Limbah Bahan Berbahaya Dan Beracun

Undang-Undang Dasar Negara Republik Indonesia 1945

Undang -Undang Nomer 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan

Hidup.

Sumber Internet :

Kompasiana.com, http://www.kompasiana.com/yantigobel/limbah-mercury-ancam-

kesehatan-masyarakat-aceh_55005875a333117c6f510b69, diakses 30 November

2016.