The Concept of Ultimum Remedium in the Regulation of Environmental Crimes

The Concept of Ultimum Remedium in the Regulation of Environmental Crime.This study aims to analyze the conception of the principle of ultimum remedium in the regulation of environmental crimes in the current Environmental Law.The type of this article is normative legal research with a statutory approach and a conceptual approach.The findings of this research show that except for Article 100, environmental crimes are applied primum remedium.Even though environmental crimes are included in the realm of administrative law, so that criminal sanctions must function to enforce administrative law and be positioned as a last resort after administrative and civil sanctions have been carried out.This is in line with the spirit of criminal law reform which places greater emphasis on corrective, restorative and rehabilitative justice.Apart from that, to avoid excessive criminalization in environmental crimes.The novelty offered by this research is by changing several criminal articles which are formulated as formal offenses into material offenses which are more oriented towards the impact or victims caused by the act and explicitly regulate the use of administrative sanctions and civil sanctions as a first step in enforcing environmental law.An act that is punished is an act that has resulted in loss of life, has a massive and widespread impact on society, environmental pollution or damage cannot be restored, and the perpetrator failed and was unwilling or unable to carry out environmental restoration.