Implementation Of Law No. 4 Of 1982 Regarding Environmental Pollution Associated With Compensation In The Medan Industrial Estate

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Implementation of Law No. 4 of 1982 regarding Environmental Pollution and Compensation in the Medan Industrial Estate

Introduction

Environmental pollution is a complex problem that has been affecting communities worldwide, including Indonesia. In 1982, the Indonesian government enacted Law No. 4, which provides the basic provisions for environmental management. This law aims to support national development while protecting the rights of the community to a good and healthy environment. However, its implementation in the field still faces various challenges, especially in cases of pollution that occurred in the Medan Industrial Estate. This article discusses the implementation of Law No. 4 of 1982 in the Medan Industrial Estate, particularly in Mahar Village, and the obstacles that hinder its effective implementation.

The Importance of Law No. 4 of 1982

Law No. 4 of 1982 is a significant milestone in Indonesia's environmental protection efforts. As the first law that regulates environmental management, it provides a framework for addressing environmental problems in the country. The law aims to support national development while protecting the rights of the community to a good and healthy environment. However, its implementation in the field still faces various challenges, especially in cases of pollution that occurred in the Medan Industrial Estate.

Challenges in Implementing Law No. 4 of 1982 in the Medan Industrial Estate

The implementation of Law No. 4 of 1982 in the Medan Industrial Estate, particularly in Mahar Village, has been marred by various obstacles. Local people have submitted protests to PT Medan Canning, requesting compensation and conducting environmental recovery in accordance with the provisions stipulated in Article 20 paragraph (2) and (3) of the law. Unfortunately, the settlement through a joint agreement has not provided satisfactory results for the victims.

Key Issues in the Implementation of Law No. 4 of 1982

There are several key issues that need to be discussed related to the application of this law:

Who is Responsible?

Determining who is responsible for environmental damage in the Medan Industrial Estate is a central issue. On the one hand, PT Medan Canning as the party accused of being responsible for pollution. However, on the other hand, there are also accountability from the government that should conduct law-supervision and enforcement of environmental violations.

Procedure for Completing Compensation

The process that must be passed to solve the problem of compensation is very important to be known by the community. Unfortunately, there are still many who do not understand this procedure. In a study conducted by a survey method of 70 respondents in the Medan Industrial Estate, it was found that many people were hesitant to submit compensation claims due to fears of high costs and the complexity of the legal process.

Enforcement of Law No. 4 of 1982

Although there has been an official complaint from the community, strict action from the government, such as the application of administrative sanctions for violators, never implemented. The pollution case in Mahar Village was never even taken to court, and instead of undergoing a legal process, the community only reported to the Medan DPRD.

Factors Hampering the Realization of the Resolution of this Problem

One of the factors that hamper the realization of the resolution of this problem is the lack of awareness and participation of the community in handling the effects of pollution. In addition, a minimal understanding of environmental rights is an additional obstacle. A sense of doubt to submit a case to the court, due to high expected costs, also prevented the community from getting justice.

Conclusion

The existence of Law No. 4 of 1982 provides hope for environmental protection in Indonesia. However, without the support of all elements of society and strict law enforcement, these hopes will be difficult to achieve. Settlement of environmental pollution cases and compensation in the Medan Industrial Estate must be taken seriously so that the rights of the community to a good environment can be guaranteed.

Recommendations

To overcome the challenges in implementing Law No. 4 of 1982 in the Medan Industrial Estate, the following recommendations are made:

  • The government should take strict action against violators of environmental laws and regulations.
  • The community should be aware of their rights and participate in handling the effects of pollution.
  • The government and companies should work together to create a clean and safe environment.
  • The community should be educated on the procedure for completing compensation.

Resources

For further information on environmental laws and regulations in Indonesia, the following resources can be used:

Conclusion

In conclusion, the implementation of Law No. 4 of 1982 in the Medan Industrial Estate has been marred by various obstacles. However, with the support of all elements of society and strict law enforcement, these hopes will be difficult to achieve. Settlement of environmental pollution cases and compensation in the Medan Industrial Estate must be taken seriously so that the rights of the community to a good environment can be guaranteed.
Frequently Asked Questions (FAQs) about the Implementation of Law No. 4 of 1982 regarding Environmental Pollution and Compensation in the Medan Industrial Estate

Q: What is Law No. 4 of 1982, and what is its purpose?

A: Law No. 4 of 1982 is a law that provides the basic provisions for environmental management in Indonesia. Its purpose is to support national development while protecting the rights of the community to a good and healthy environment.

Q: What are the key issues in the implementation of Law No. 4 of 1982 in the Medan Industrial Estate?

A: The key issues in the implementation of Law No. 4 of 1982 in the Medan Industrial Estate include:

  • Determining who is responsible for environmental damage
  • The procedure for completing compensation
  • Enforcement of the law

Q: What are the challenges in implementing Law No. 4 of 1982 in the Medan Industrial Estate?

A: The challenges in implementing Law No. 4 of 1982 in the Medan Industrial Estate include:

  • Lack of awareness and participation of the community in handling the effects of pollution
  • Minimal understanding of environmental rights
  • Sense of doubt to submit a case to the court due to high expected costs

Q: What are the recommendations to overcome the challenges in implementing Law No. 4 of 1982 in the Medan Industrial Estate?

A: The recommendations to overcome the challenges in implementing Law No. 4 of 1982 in the Medan Industrial Estate include:

  • The government should take strict action against violators of environmental laws and regulations.
  • The community should be aware of their rights and participate in handling the effects of pollution.
  • The government and companies should work together to create a clean and safe environment.
  • The community should be educated on the procedure for completing compensation.

Q: What resources can be used for further information on environmental laws and regulations in Indonesia?

A: The following resources can be used for further information on environmental laws and regulations in Indonesia:

Q: What is the expected outcome of the implementation of Law No. 4 of 1982 in the Medan Industrial Estate?

A: The expected outcome of the implementation of Law No. 4 of 1982 in the Medan Industrial Estate is a clean and safe environment for the community, with the rights of the community to a good environment being guaranteed.

Q: What is the role of the community in the implementation of Law No. 4 of 1982 in the Medan Industrial Estate?

A: The community plays a crucial role in the implementation of Law No. 4 of 1982 in the Medan Industrial Estate. They should be aware of their rights and participate in handling the effects of pollution. They should also be educated on the procedure for completing compensation.

Q: What is the role of the government in the implementation of Law No. 4 of 1982 in the Medan Industrial Estate?

A: The government plays a crucial role in the implementation of Law No. 4 of 1982 in the Medan Industrial Estate. They should take strict action against violators of environmental laws and regulations. They should also work together with companies to create a clean and safe environment.

Q: What is the role of companies in the implementation of Law No. 4 of 1982 in the Medan Industrial Estate?

A: Companies play a crucial role in the implementation of Law No. 4 of 1982 in the Medan Industrial Estate. They should work together with the government to create a clean and safe environment. They should also take responsibility for their actions and comply with environmental laws and regulations.