Environmental Law Enforcement against Unauthorized Dumping of B3 Waste in Indonesia: Normative and Implementive Analysis

Abstract

The study purpose was to analyze the effectiveness of environmental law enforcement against the unlicensed dumping of hazardous and toxic waste (B3) in Indonesia, with a specific focus on the implementation of the Environmental Protection and Management Law and its regulatory framework. This study aims to evaluate how legal norms, institutional capacity, and regulatory coherence interact in shaping the effectiveness of environmental protection.
Materials and methods. This research employed a normative juridical approach grounded in statute analysis, conceptual interpretation, and case-based examination. Legal materials were analyzed using systematic, grammatical, and teleological interpretation techniques, as illustrated in the methodological framework. Data sources comprised primary environmental regulations, secondary academic literature, and relevant case documentation, supported by doctrinal analysis to assess the coherence and operationalization of legal norms.

Results. The findings indicate that the regulatory framework governing B3 waste management and the prohibition of dumping without a permit is normatively comprehensive; however, implementation remains limited. Weak institutional capacity, overlapping regulatory authority between central and local governments, and the dominance of administrative measures over criminal enforcement hinder effective deterrence. The analysis further shows that key environmental law principles, including the polluter-pays principle, strict liability, and the precautionary principle, have not been fully integrated into enforcement practices. Case-based observations reveal persistent under-enforcement, selective prosecution, and gaps in monitoring systems, which allow violations to occur repeatedly despite existing legal provisions.

Conclusions. The study concludes that strengthening law enforcement requires harmonized regulations, increased supervisory capacity, transparent permitting systems, and more consistent application of criminal sanctions. These findings contribute to the broader understanding of environmental governance and highlight the need for further research on comparative enforcement models and empirical evaluations of corporate accountability.