PENERAPAN SANKSI HUKUM PIDANA SEBAGAI PRIMUM REMEDIUM TERHADAP RUMAH SAKIT YANG MENCEMARI LINGKUNGAN DENGAN LIMBAH MEDIS (STUDI KASUS RUMAH SAKIT TIARA SELLA KOTA BENGKULU)

MUHAMMAD IKRAR, SAPUTRA (2015) PENERAPAN SANKSI HUKUM PIDANA SEBAGAI PRIMUM REMEDIUM TERHADAP RUMAH SAKIT YANG MENCEMARI LINGKUNGAN DENGAN LIMBAH MEDIS (STUDI KASUS RUMAH SAKIT TIARA SELLA KOTA BENGKULU). Diploma thesis, Univeristas Andalas.

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Abstract

The provision in Article 59 in Law no. 32 of 2009 on the Environmental Protection and Management compel every individual producing type B3 waste to conduct B3 waste management, and incompliance shall meet the threat of imprisonment and fine, in accordance to Article 103 of The Law. Hospitals, in delivering public health, produce medical waste of type B3 and consequently, they are required to conduct B3 waste-management. Yet, many hospitals fail to meet this obligation and more to the problem, create pollution, and of course, law enforcement is required as repressive means in order to cope with the problem. This Research is aimed at identifying crimes committed by hospitals in environment pollution so criminal sanctions provisions can be implemented as primum remedium, and knowing if the roles of public law in Law Now 32 of 2009 has been in line with functional legal enforcement (functioneel rechtsgebied). The method applied in this Research is the juridical-normative by means of secondary data with analytical-descriptive specification i.e. by exposition of effective regulations and reality among the public. This Research identified that implementation of criminal sanctions as primum remedium has yet been implemented to hospitals “passing ambient or water quality standard”. The appropriate sanction imposed to hospital as public entity that provides health care to public is in the form of fine and rehabilitation to the result of the act. However, implementation of penal code is still in its maximum level, lack of required structures and facilities such as environmental expert, lack of public knowledge on the impact of medical waste, and lack of hospital’ awareness to conduct medical waste management, and ineffectiveness of deterrent effect in legal subjects.

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