Development of Legal Principle to Overcoming Environmental Damage in West Java and East Java Province Indonesia

摘要

Environmental damage in West Java and East Java Province is caused by many land-conversion factors that occur in some areas, especially in high altitude and protected areas. The problem formulation in this research what is policy to overcome environmental damage to realize sustainable development based on development legal principle in West Java and East Java Indonesia. The research is done by socio-legal method. By observing the social aspects and prevailing laws and regulations, this study gained research results that during this time there was an inconsistency of the regional government in maintaining the regional design as stipulated in the legislation and in particular the regional regulation. This is evidenced by the implementation and law enforcement in case of environmental crime that are still weak, so that criminal sanctions are considered appropriate to minimize environmental crime. The conclusion obtained is necessity to apply the primum remedium principle of criminal law on regulations in order to realize environment sustainability.