The Implementation of Criminal Law as a Primum Remedium in Overcoming Criminal Crime and Or Environmental Damage

Abstract

This study aims to analyze and describe the definition and the meaning of the primum remedium principle as an instrument to overcome the crime. The research method used is normative legal research by studying the laws, concepts and various approaches in conducting the research. The legal materials used are statutory regulations, books, glorosium, encyclopedias and others. The results showed that the meaning of primum remedium as an instrument for tackling criminal acts is to increase awareness of the development of human rights that bring changes to criminal responsibility which is no longer ultimum remedium but primum remedium. Republic of Indonesia Law Number 32 Year 2009 concerning Environmental Protection and Management Life is a legal instrument that was formed to protect the country in terms of the environment. Therefore it is a necessity for all humans to create a healthy, clean and insightful environment, because people's awareness of the environment is part of human rights. Thus it cannot be denied that the role of government is needed in upholding justice because it has an important role to create a conducive political system or structure, which changes the paradigm of criminal justice which is subsidiary becoming the primum remedium.

Keywords: Ultimum Remedium, Primum Remedium

DOI: 10.7176/JLPG/89-10

Publication date:September 30^th 2019