Judicial Perspective Special Dispute Resolution Management of Damage, Pollution, Climate Change, and Conservation of Sustainable Environmental Preservation in Indonesia

Ecological systems are formed from reciprocal relationships between living things and their environment. The relationship between humans and their environment is an ecosystem in the concept of sustainable development in the Environmental Law system, but if there is a change in interaction between components resulting in a disturbance that exceeds the capacity of the ecosystem (Environmental Carrying Capacity and Resilience), then environmental problems will arise. Pollution and destruction of the environment are caused by human actions in fulfilling their needs without regard to the preservation of natural resources. At the implementation level, it seems that there are still various obstacles. Therefore, the main problem in this research is: to what extent can government policies in the field of environmental management prevent economic activities that lead to environmental destruction and pollution? This study uses a normative juridical method based on literature studies to obtain secondary data sourced from primary, secondary and tertiary legal materials. Specifications of analytical descriptive research. The data analysis method used is qualitative juridical. The results of the study show that overall government policies on environmentally friendly management have not been able to overcome the conflicts that often arise between the goals of environmental preservation and the goals of economic development. Pollution and destruction is still going on today, due to many obstacles in enforcing administrative law: the absence of environmentally friendly community behavior; weak environmental law enforcement; not effective in dealing with various cases of pollution and environmental destruction. As a solution to overcome these obstacles, it is necessary to enforce criminal law, in addition to imposing material punishments (requiring proof) for crimes which are genetic crimes, it is also necessary to apply formal offenses (no need for proof) for crimes which are specific crimes. The process of enforcing environmental law from the aspect of criminal law will be more successful if it is handled by agencies that technically and institutionally deal with environmental issues. In addition, the concept of sustainable development must be implemented in the legal system for environmental management. In the future, it is necessary to develop coordination between law enforcement officials who are assembled.