International Journal of Research and Review Vol.8; Issue: 1; January 2021 Website: www.ijrrjournal.com Research Paper E-ISSN: 2349-9788; P-ISSN: 2454-2237

Law Enforcement against Environmental Destruction due to the Transfer of Mangrove Forest Land Functions on the Coast of Langkat Regency

Rusli1, Neni Sri Imaniyati2, Dini Dewi Heniarti2

1Student of Doctoral Program of Law, Postgraduate Program at the Bandung Islamic University, West , , 40116, and Lecturer at the Faculty of Law, Samudra University, , Indonesia, 24415 2Lecturer at Faculty of Law, Bandung Islamic University, West Java, Indonesia, 40116 2Lecturer at Faculty of Law, Bandung Islamic University, West Java, Indonesia, 40116

Corresponding Author: Rusli

ABSTRACT INTRODUCTION Environmental management accord- The purpose of this study is how law ing to Article 1 number 2 of Law Number enforcement against environmental destruction 32 Year 2009 concerning Environmental due to the transfer of mangrove forest land Protection and Management states that: functions on the coast of Langkat Regency. The “Environmental protection and methods used in this study are descriptive analytical with a sociological juridical approach. management is a systematic and integrated The research location is the Regional effort carried out to preserve the function of Government of Langkat Regency which has the environment and prevent the occurrence mangrove forests in coastal areas. The target of of environmental pollution and / or damage agencies related to the Environment Agency and that includes planning, utilization, the Technical Implementation Unit of the Forest supervision and legal management.” Management Unit of Area I Stabat Forest Environmentally sound Service, with a sample of 6 respondents was development, as stated in Article 3 of the determined purposively. Data collection tools Environmental Protection and Management are determined through document studies, Act, is stated that: interview guidelines, and field observations. a. Environmental protection and Data analysis is done by qualitative approach using deductive and inductive thinking logic. management aims to The results showed that, law enforcement b. Protect the territory of the Unitary State against environmental destruction due to the of the Republic of Indonesia from transfer of mangrove forest land functions is environmental pollution and/or damage; carried out through the application of c. Ensuring the safety, health and life of administrative sanctions carried out by giving people; reprimands, stern warnings, delays in permits d. Ensuring the survival of living things and the revocation of business licenses. and the sustainability of ecosystems; Furthermore, the local government submitted a e. Maintaining environmental functions; report on the crime of land transfer to the Police f. Achieve harmony, harmony and balance of the Republic of Indonesia against the of the environment; perpetrators of the transfer of mangrove forest land functions in violation of applicable laws g. Ensuring the fulfillment of the justice of and regulations. current and future generations; h. Ensuring the fulfillment and protection Keywords: Law Enforcement, Land Transfer, of environmental rights as part of human Mangrove Forest. rights;

International Journal of Research and Review (ijrrjournal.com) 124 Vol.8; Issue: 1; January 2021 Rusli et.al. Law enforcement against environmental destruction due to the transfer of mangrove forest land functions on the coast of Langkat regency. i. Control the benefits of natural resources users and mangrove forest areas as land to wisely; make a living that has been lived for j. Realizing sustainable development; and generations. The encroachment and k. anticipate global environmental issues diversion of regional land functions Environmentally sound development continues to this day without the application or sustainable development is a combination of sanctions against environmental vandals. of environmental, social and economic In the Environmental Management aspects into the development strategy to Law No. 23 of 1997, although it is no longer ensure the integrity of the environment so valid and has been replaced with the that it benefits both current and future Environmental Protection and Management generations. Act No. 32 of 2009 contains the To achieve sustainable development, responsibility for environmental pollution, the utilization of natural resources must be regulated in Article 34 paragraph (1) and done wisely with the direction of Article 35 paragraph (1). These two articles development that is environmentally sound adhere to the nature of accountability, by prioritizing the sustainability of available namely: the basis of ordinary accountability natural resources. (M. Daud Silalahi, 1996) (Article 34 paragraph (1) of the However, in the utilization of natural Environmental Protection and Management resources often ignore environmental Law) and the basis of special accountability sustainability by exploring natural resources (Article 35 paragraph (1) of the Protection excessively, resulting in environmental and Management Act environment), while damage as mentioned in Article 1 number in the Environmental Protection and 17 of the Environmental Protection and Management Law No. 32 of 2009 which Management Act No. 32 of 2009 namely: regulates the usual accountability is "Environmental damage is a direct and/or stipulated in Article 87 paragraph (1) and indirect change to the physical, chemical, special/absolute accountability is stipulated and/or biological nature of the environment in Article 88, both in the Environmental through the standard criteria of Management Act of 1997 and in the environmental damage". Environmental Protection and Management Environmental damage caused by Act of 2009 determines that environmental destruction by people in an effort to meet responsibility covers the issue of indemnity their needs by exceeding the ability of to individuals (private compensation) as environmental support, as stated in Article 1 well as the cost of environmental restoration number 16 of the Environmental Protection (public compensation). Thus the and Management Act, namely: environment responsibility can be private "Environmental destruction is the action of a and can also be public, in the sense that if a person who causes direct or indirect changes polluter has fulfilled his responsibilities to to the physical, chemical, and/or biological an individual, but can’t be declared finished properties of the environment so as to because he could be faced with exceed the standard criteria of responsibilities related to public affairs in environmental damage". the form of recovery obligations on the Environmental destruction always environment as public assets. has an impact on environmental damage that Furthermore, to understand the results in the emergence of losses understanding of accountability both experienced by the community, so that it ordinary and absolute / special can be seen becomes an environmental dispute between in Article 87 paragraph (1) and Article 88 of environmental destroyers and communities the Environmental Protection and that have an impact so as to cause losses. Management Act of 2009. Errors in the implementation of policies Article 87 paragraph (1) states: have an impact on people's lives as land

International Journal of Research and Review (ijrrjournal.com) 125 Vol.8; Issue: 1; January 2021 Rusli et.al. Law enforcement against environmental destruction due to the transfer of mangrove forest land functions on the coast of Langkat regency.

“Any person responsible for a conditions that grow along the flow of the business and/or activity that commits Wampu, Lepan, Besitang, and several unlawful acts in the form of environmental tributaries, grooves and paluh-paluh. pollution and/or destruction that inflicts (Anonimous, 2020) losses on others or the environment is Damage to mangrove forests in obliged to pay compensation and/or perform Langkat Regency has been damaged and certain actions”. switched to oil palm plantation land and The pattern of environmental plantations. This happened on the island of criminal law enforcement covers several Sembilan Pangkalan Susu Sub-district processes and each process must refer to the which was converted into oil palm provisions of the law, both regulated by plantations. Similarly, the damage occurred material criminal law. As is known, in the Karang Gading River Watershed of environmental law enforcement can be Secanggang Sub-district which is the result divided into 3 main stages, namely: a) of forest rehabilitation activities the central preventive actions; b) preventive measures; government has damaged and switched and c) repressive actions. (N.H.T. Siahaan, functions to oil palm plantations. 2004) Mangrove forest damage in addition Preventive action is an anticipation to switching functions to oil palm land action that detects earlier various factors of largely switched functions into shrimp criminogen correlation, namely factors that ponds which is a manifestation of non-oil allow (not necessarily occur) damage or and gas policy through shrimp farming environmental pollution. By detecting this business. However, the government criminogen factor can be prevented and program has a very concerning impact, therefore there is no factual threat to the because many areas of mangrove forest are environment. Preventive measures are a turning into ponds. The damage to series of concrete actions aimed at mangrove forests is caused by the lack of preventing destruction or environmental public opinion that mangrove forest pollution, for example by conducting conservation will only hinder the continuous supervision of factories, community's economic development environmental law supervision is responsive program. This condition can still be seen to community complaints, forestry police from the widespread destruction of supervise timber theft and illegal logging, or mangrove ecosystems that serve as environmental sectoral agency officials protected areas and buffer areas of coastal reprimand and warn those who do areas that are converted and converted into symptoms are not good for the pond functions. In fact, excessive environmental system. While repressive conversion of mangrove forest land causes actions are a series of actions carried out by the productivity of ponds to be very low. law officers through criminal proceedings, Mangrove sustainability in this area because the actions committed by the will be threatened by human activities, such perpetrators have damaged or polluted the as illegal logging for the purposes of environment. firewood and charcoal; convert mangrove According to the Map of Forest Use forest land into plantations, plantations, Conservation shows on the coast of Langkat housing, and other functions that are Regency reached an area of 43,014.70 considered to sacrifice ecosystems and hectares which is divided into: Production environmental sustainability. Mangroves in forest covering an area of 33,494.7 hectares. coastal areas of Langkat Regency actually From an area of 43,014.70 hectares of have important benefits to protect against mangrove forest in the coastal area of more than 42 villages in coastal areas, from Langkat district, then about 40,303.42 9 sub-districts that have mangrove forest hectares of mangrove forest in damaged damage. (Anonimous, 2020)

International Journal of Research and Review (ijrrjournal.com) 126 Vol.8; Issue: 1; January 2021 Rusli et.al. Law enforcement against environmental destruction due to the transfer of mangrove forest land functions on the coast of Langkat regency.

Based on the results of inventory and Therefore, it is examined on a identification of mangrove forests, it is philosophical basis that includes basic belief known that Langkat Regency has a potential or world view of the national legal system. mangrove forest area of 43,014.70 hectares. Speaking of basic belief or world view, it Of these, 40,303.42 hectares were damaged must talk about the paradigm that gives (93.70%), while the remaining 2,711.28 direction, purpose and implementation / hectares (6.30%) not damaged. (Bustami, enforcement of national law, so that there is 2020) Based on the above it appears that the no stagnation in legal studies in Indonesia. government and local governments, (Neni Sri Imaniyati, 2003) especially the Langkat Regency Environmental law enforcement Government with related agencies such as (law enforcement) is the last link in the the Forest Service, the Environment regulatory chain of policy planning on the Agency, land agencies and law enforcement environment, in the following order: (Andi officials such as the Police are not Hamzah, 2008) functioning in carrying out their duties so 1. Legislation (legislatin, wet en that the encroachment of mangrove forests regelgeving) and the continuous transfer of land functions 2. Standard setting (norm setting) that result in the suffering of fishing 3. Licensing ( vergunning verlening) communities is increasing. 4. Implementation (implementation, A very influential factor in uitvoering) controlling the environment in order to 5. Law enforcement (rechtshandhaving) prevent environmental damage due to the According to Lawrence M. transfer of mangrove forest land on the Friedman, the success or not of law coast of Langkat Regency is the active role enforcement depends on the legal substance, of local governments with their ranks in law legal structure, and legal culture. Of these enforcement, but the problems that occur to three components that will determine the date have not been resolved. This running of a law in the life of the encourages researchers to examine the community. (Lawrence M. Friedman, 2001) aspects of law enforcement against The substance of the law or also environmental damage due to the transfer of called the substantial system that determines mangrove forest land functions in the whether or not the law is implemented. coastal area of Langkat Regency which is Substance also means products produced by the core of the variables in writing this people who are in the legal system that research. The process of law enforcement include the decisions they issue, the new due to environmental damage caused by the rules they draw up. Substance also includes transfer of mangrove forest land functions living law, not just the rules in the Law so that the recovery of damaged areas can Books. As a State that still adheres to the be carried out. civil law system or continental Europe (although some laws and regulations have LITERATURE REVIEW also adhered to the cammon law system or The theory used as an analytical anglo sexon). It is said that the law is the knife in this study is Law Enforcement written rules, while the unwritten rules are Theory. Indonesia has not escaped the not declared law. This system affects the multidimensional crisis. One of them is in laws of Indonesia. law enforcement. Various events carried out The substance of the law (legal by law enforcement and justice officials substance) is a part of influencing law witnessed by the community increasingly enforcement, so there is a presumption that dissing doubt the hope of justice in this the belief that regular changes in a society country. (Neni Sri Imaniyati, 2003) can be enforced by legislation or court rulings or a combination of the two. This

International Journal of Research and Review (ijrrjournal.com) 127 Vol.8; Issue: 1; January 2021 Rusli et.al. Law enforcement against environmental destruction due to the transfer of mangrove forest land functions on the coast of Langkat regency. shows that the law has a very important role social thought and social power that in controlling the community to lead to determines how the law is used, avoided, or order. (Mochtar Kusumaatmadja, 2002) abused. The legal culture is closely related Soerjono Soekanto believes that to the legal consciousness of the interference with law enforcement derived community. The higher the legal awareness from substance (law) is caused by: of the community, it will create a good legal a. Not following the principles of the culture and can change the mindset of the enactment of the law community about the law during this time. b. The lack of implementing regulations is Simply put, the level of community urgently needed to implement the law. compliance with the law is one indicator of c. The vagueness of the meaning of words the proper functioning of the law. in the law that cause confusion in Responsible and transparent law interpreting and applying them. enforcement can be interpreted as an effort Legal structure/pranata law can be to implement legal enforcement that can be referred to as a structural system that accounted for to the public, nation and state determines whether or not the law is related to the existence of legal certainty in implemented properly. The authority of law the prevailing legal system, also related to enforcement agencies is guaranteed by law. the benefits of law and justice for the So that it can carry out its duties and community. And no less important is the responsibilities regardless of the influence responsibility to The One True God. of government power and other influences. The process of law enforcement is There is adagium "fiat justitia et pereat inseparable from the legal system itself. mundus" (although the world is collapsing Everyone may have known or at least heard the law must be upheld). The law cannot run that "everyone is equal before the law (The or stand when there is no credible, all man is equal under the law) but how competent and independent law many people understand what it means and enforcement officer. So it can be how it is implemented in the practice of the emphasized that law enforcement factors life of the law of the country in general and play an important role in enabling the law. the world of justice in particular? How If the regulations are good, but the quality many people or how far does society know of law enforcement officers is low then its rights and obligations under the law? Is there will be problems. Likewise, if the the law actually discriminatory in its regulations are poor while the quality of law implementation? What about one's social enforcement officers is good, the possibility status? So is the legal culture of society as of open problems arises. well as the power and political power that is In environmental law enforcement, in power. Does it have an effect in coordination is needed across related sectors upholding and functioning the law as "rules and has a common perception among law of conduct" in the life of the nation and state enforcement officials that in having the society? Even in reality when it comes to same perception between law enforcement the law, do we really stand together before officers that in law enforcement becomes a the law. (Ahkam Jayadi, 2015) joint responsibility for the establishment of Law enforcement in English is justice and welfare of the community. (Eggi called law enforcement, Dutch is called Sudjana and Riyanto, 1999) rechtshandhaving. Legal understandings in The culture of law or cultur Indonesian terminology always lead to according to Lawrence M. Friedman, is the force, so there is an impression in the human attitude towards the law and the community that law enforcement is linked legal system and beliefs, the value of to criminal sanctions. This is also related to thought and hope. (Lawrence M. Friedman, the frequent mention of law enforcement 2001) Legal culture is an atmosphere of with police, prosecutors and judges. In fact,

International Journal of Research and Review (ijrrjournal.com) 128 Vol.8; Issue: 1; January 2021 Rusli et.al. Law enforcement against environmental destruction due to the transfer of mangrove forest land functions on the coast of Langkat regency. administrative officials (bureaucracy) community compliance with applicable actually also act as law enforcement. Law regulations covering three areas of law, enforcement conducted by bureaucracy namely administrative, criminal and civil. (administrative officials) in the form of Thus, environmental law enforcement is an enforcement that is "preventive" effort to achieve compliance with the rules (preventive) carried out by counseling or and requirements in the generally and socializing a legislation, both legislation individually applicable laws, through the originating from the center and regulations supervision and application (or threat) of made in the region. (Supriadi, 2008) administrative, criminal, and civil facilities. In the new and old Environment Act, (Muhammad Erwin, 2019) there is no literal sense of law enforcement. However, to provide clarity on the METHODOLOGY understanding of law enforcement, the The methods used in this study are understanding will be taken as regulated in descriptive analytical with a sociological Dutch, namely handhaving. According to juridical approach. The research location is Notie Handhaving Milleurecht, it is stated the Regional Government of Langkat that law enforcement is supervising and Regency which has mangrove forests in implementing (with threats) the use of coastal areas. The target of agencies related administrative, criminal, or civil instruments to the Environment Agency and the to achieve the enforcement of generally and Technical Implementation Unit of the Forest individual laws and regulations. (A. Management Unit of Region I Stabat Forest Hamzah, 1995) Service of North Province, with a In everyday terminology is also sample of 6 respondents was determined known as compliance, which means purposively. Data collection tools are negotiation, persuasion, and supervision so determined through document studies, that the rule of law is obeyed before law interview guidelines, and field observations. enforcement. Law Enforcement means Data analysis is done by qualitative repressive law enforcement, while approach using deductive and inductive compliance means preventive measures thinking logic. against violations of environmental law. Environmental law enforcement is RESULTS AND DISCUSSION the observation of environmental law Law Enforcement against Environmental through supervision and examination Destruction Due to The Transfer of (inspection) and through detection of Mangrove Forest Land Functions on The violations of the law, restoration of Coast of Langkat Regency environmental damage and actions to the Law enforcement concerns maker (dader: offender). In line with this administration, civil law and criminal law. regulatory cycle, the purpose of Environmental law contains all three aspects environmental law enforcement according of the law, so that the enforcement of to Mas Ahmad Santosa is compliance with environmental law will revolve around the the values of protection of ecosystem three aspects of the law. carrying capacity and environmental Enforcement of this environmental functions that are generally formalized into law can not only be relied on the legislation. assertiveness or hardness of enforcement of This aspect of environmental law such law. The desired law enforcement is enforcement is expected to be taken strict law enforcement, but wise and wise. seriously as a last resort to fight In environmental law enforcement environmental vandals/ polluters. techniques a comprehensive-integral Environmental law enforcement is closely approach. In this pattern of approach, law related to the ability of the apparatus and enforcement is implemented to support the

International Journal of Research and Review (ijrrjournal.com) 129 Vol.8; Issue: 1; January 2021 Rusli et.al. Law enforcement against environmental destruction due to the transfer of mangrove forest land functions on the coast of Langkat regency. continuation of environmentally sound withdrawal of state administrative decisions development. imposed on the person in charge of business While some consider that solving and / or activities on the basis of law enforcement problems only through the disobedience to the laws and regulations in courts, this assumption is based on the the field of environmental protection and mistaken opinion of law enforcement solely management and / or provisions in the the responsibility of law enforcement environmental permit (Article 1 Number 1 officers, in the case that law enforcement is Regulation of the Minister of Environment the obligation of every member of the of the Republic of Indonesia Number 2 Year community, and law enforcement can go 2013 concerning Guidelines for the through various channels with various Application of Administrative Sanctions in sanctions such as administrative, civil and the Field of Environmental Protection and criminal sanctions. Management). Law enforcement can take the first The imposition of administrative path, namely the administrative sanctions sanctions aims to protect the environment line that can be: from pollution and/or destruction resulting 1) Giving a stern reprimand from a business and/or activity, tackling 2) Forced payment of money (dwangsom) environmental pollution and/or destruction, 3) Suspension of license restoring the quality of the environment due 4) Revocation of license to environmental pollution and/or From the order of administration destruction, and providing deterrent effect sanctions this indicates the administration's for persons responsible for businesses sansi is moving from the lightest to the and/or activities that violate laws and toughest in the administrative aspect. This regulations in the field of environmental of course concerns the wisdom of protection and management and provisions authorized agencies, because the in environmental permits (Article 2 of the enforcement of severe sanctions against an Regulation of the Minister of Environment industry for example will be related to the of the Republic of Indonesia Number 2 Year continuity of employment for workers in the 2013 concerning Guidelines for the company, thus causing other problems in Implementation of Administrative Sanctions the form of unemployment. in the Field of Environmental Protection and The complexity of the issue of Management). enforcement of administrative sanctions Administrative sanctions consist of; causes not only juridical factors that are written warning, government coercion, considered, but also other aspects that may freezing of environmental permits and/or arise due to the application of administrative environmental protection and management sanctions. Therefore, the provision of permits, as well as the revocation of administrative sanctions should be seen environmental permits and/or environmental from the case of the case to avoid the protection and management permits (Article negative impact of the sanctions. Law 4 paragraph (1) regulation of the Minister of enforcement concerning aspects of Environment of the Republic of Indonesia administrative law, civil law and criminal Number 2 Year 2013 concerning Guidelines law the three aspects of the law can give rise for the Implementation of Administrative to different sanctions in accordance with the Sanctions in the Field of Environmental provisions of the law that violates. Protection and Management). Law enforcement concerning Thus, administrative sanctions are Aspects of Administrative Law is the stipulated in the form of Decrees of the existence of administrative sanctions is a Bupati of Langkat Regency against means of administrative law that is a means environmental vandals in the coastal areas of burdening obligations / orders and / or the of Langkat Regency. Environmental law

International Journal of Research and Review (ijrrjournal.com) 130 Vol.8; Issue: 1; January 2021 Rusli et.al. Law enforcement against environmental destruction due to the transfer of mangrove forest land functions on the coast of Langkat regency. enforcement is slightly different from other 4. Prohibit mangrove logging that is law enforcement agencies. Environmental smaller than 10 cm in diameter. law enforcement is carried out with firmness Furthermore, in order to strengthen and wisdom, because it tucks into the the management and development of interests of environmentally sound mangrove forests, the following steps are development. taken: The most potential mangrove forest 1. In order to improve data, it is necessary destruction factor in Langkat Regency is the to survey the field and/or based on the conversion of mangrove forests into ponds interpretation of aerial portraits and the use of mangrove wood as charcoal 2. Strengthening spatial planning, raw materials. Mangrove forest especially mangrove forests / coastal conservation activities become ponds areas carried out by completely cutting mangrove 3. Implementation of the boundary system forests and even stumps and roots, so that a 4. Strengthening legislation in the field of clean expanse of weeds is obtained. In this mangrove forest management way, one thing is certain that mangrove 5. Strengthening coordination, integration, forest ecosystems are destroyed without synchronization of authority traces. responsibilities, rights and obligations of Such pond efforts allow to increase all relevant agencies and all levels of the income of farm farmers in the early society. stages, on the other hand if this activity is 6. Increasing the role of all levels of not alerted, the seeds of destruction and society around mangrove forests as environmental damage are clearly actors of mangrove forest development approaching, given the irreplaceable that are environmentally sound. function of mangrove forests. The most 7. Controlling ponds and charcoal kitchens concerning thing is that many ponds are 8. Establishment of mangrove forest abandoned without adequate cultivation farming group under village unit (fish) efforts. cooperative In order to handle mangrove forest 9. Transfer of farm and charcoal kitchen problems, the Regional Government level II work according to land carrying Langkat regency remains oriented to the capacity main components determining management 10. Mangrove forest security to rely on the success, namely: security of self-help communities 1. Potential dumber mangrove forest power concerned 2. Communities around mangrove forests In connection with the control (especially farm farmers and charcoal aspects are: kitchen entrepreneurs) 1. Increasing the effectiveness of 3. Government officials (device of mangrove forest management through wisdom) counselling, welfare and repressive In connection with this, some of the operations initial handling steps that have been taken 2. Strengthening professionalism and are: dedication of all relevant agencies 1. Prohibiting the opening of new ponds 3. Strengthening duties and authorities in 2. Prohibit the construction of new granting rights to mangrove forest areas charcoal kitchens Furthermore, efforts to manage, 3. Completely prohibit mangrove logging counteract and prevent mangrove forest activities along the conservation green damage are: line, i.e. the path is 230 meters from the a. Mangrove Forest Management Principles coast to the mainland 1) Principles of National Interest

International Journal of Research and Review (ijrrjournal.com) 131 Vol.8; Issue: 1; January 2021 Rusli et.al. Law enforcement against environmental destruction due to the transfer of mangrove forest land functions on the coast of Langkat regency.

Mangrove forest is a renewable natural Forest Security Personnel is a certain resource and is a national asset, so forest official in the central and regional forestry management is carried out taking into agency environment that is in accordance account the national interest. with the nature of its work, organizing and 2) Principle of Benefits for Surrounding or carrying out forest protection efforts by Communities which the legal authority is given special The potential resources of mangrove police authority in the field of forestry and forests must be managed to provide conservation of biological natural resources maximum benefits for improving the and their ecosystems welfare of the surrounding community. b. Forestry Police Authority 3) Principle of Community Participation 1) Conduct patrols / marches within forest The surrounding community should be areas or their jurisdictions involved in every mangrove forest 2) Inspecting letters or documents relating management activity and given the to the transportation of forest products opportunity to play an active role in within the forest area or its jurisdiction mangrove forest management and 3) Receive reports of criminal acts related participate in enjoying the results fairly to forests, forest areas and forest and evenly products. 4) The Principle of Forest Sustainability 4) Looking for information and evidence of In sustainable mangrove forest criminal acts related to forests, forest management, the potential of forest areas and forest products resources must be managed based on the 5) In the case of caught hands it is principle of yield sustainability, and can mandatory to arrest the suspect to be provide encouragement and benefits for handed over to the authorities; Dan sustainable management of mangrove 6) Make a report and sign a report on the forests. occurrence of criminal acts related to 5) Principle of Function sustainability forests, forest areas, and forest products. The potential resources of mangrove Circular letter addressed to the Head forests must be managed according to of Sub-district in Langkat Regency whose their functions to improve the function contents include to convey data and of water management, prevention of sea information on land problems related to water intrusion, pollution and protection forest areas that occur in the working area. against wind, coastal abrasion, flooding The Letter of the Langkat Regent and maintaining aquatic and terrestrial was addressed by the Head of Gebang Sub- biota habitats District and The Head of Babalan Sub- b. Countermeasures in the Form of District concerning The Security of State Rehabilitation Forest Area. The contents of the letter 1) Area and Time Frame include: not issuing legality certificate in Area and period of mangrove forest any form to individuals, community groups, rehabilitation in Langkat Regency business entities and other institutions on 2) Types of Plants and Recycling land, especially land that enters the state Planting types of mangroves with high forest area. Prohibiting the conversion of commercial value, which happens to coastal land without permission, Prohibiting dominate the growing in the mangrove fishing activities on lines that are not in forest area accordance with the license path, 3) Planting Plan Prohibiting mining activities of sea sand Overall mangrove forest rehabilitation without a permit, Prohibiting beach plan/target reclamation activities without a permit and Forest security conditions are: Prohibiting the activities of marine a. Forest Security Personnel cultivation business without permission.

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The letter was addressed to the Head forest areas that do not have a permit in of provincial forest service and head of accordance with applicable laws and North Sumatra Natural Resources regulations. 2). Take legal action against Conservation Center regarding the perpetrators of encroachment of state forests implementation of Leopard operations in in the coastal area of Langkat Regency PT. Langkat Regency, which contained, among Mangrove Earth Juice. others: Requested assistance to immediately Circular letter of The Regent of operate a team of police units of the Langkat, instructing the Head of Sub- Leopard Rapid Reaction Forestry Brigade to District to: crack down on perpetrators of violations of 1) Not issuing a certificate of legality in forestry law in the Langkat Regency Area. any form to individuals / community Then conduct the Instruction of the Langkat groups, Business Entities and other Regent to the District Heads in the coastal institutions on land / land that is a state area of Langkat Regency: Stop any forest area before obtaining written activities of land transfer / mangrove land approval from the Minister of Forestry. clearing, both in other use areas and in state 2) In the legalization process of land, forest areas that do not have permits in especially those directly adjacent to the accordance with the legislation. state forest area in order to coordinate Letter of Langkat Regent addressed with agencies that handle the forestry to the Governor of North Sumatra regarding sector. forest security in the coastal area of Langkat Furthermore, it can be explained that Regency PT. Mangrove Earth Juice. The the data of several sub-districts in Langkat contents of the regent's letter include: 1). Regency that carried out the deviation of the Requested assistance from the Governor of transfer of functions are as follows: North Sumatra to take repressive actions (Technical Implementation Unit of the against the transfer of land Forest Management Unit of Region I functions/mangrove land clearing in coastal Stabat/Forest Service of North Sumatra areas of Langkat Regency in the country's Province, 2020)

Table 1:Secanggang Subdistrict, Targeted Location of Pantai Ganding Village and Selotong Village No Alleged Location / Area controlled (Ha) Description Perpetrators Coordinate Point 1 Joni / Rudy Paluh Jawi + 203 Ha Land that has been opened + 150 Ha using heavy 03o52’15,0” LU Consists of 53 Ha Located In equipment 98o35’19,6 BT Karang Gading Village/ Pantai According to the land information is planned to be Gading Village planted oil palm head. The barracks are located at 150 Ha Selotong Village coordinates 03o52'49,4" LU 98o35'03.5 BT. Land in other use areas outside the forest area, with the closure of mangrove type vegetation Before the land is a natural pond managed by the community Source: Results of the research in 2020 Table 2: Besitang Sub-district Targeted Location of Bukit Selamat Village No Alleged Perpetrators Location / Coordinate Point Area Description controlled (Ha) 2 PT. Pelita Nusantara Sei Sekundur Kecil Bukit + 272 Ha Bukit Selamat Village, Around Sesirah River Sejahtera (PT. PNS) Selamat village 04o03’43,0” LU and Sikundur Kecil 98o07’34,7” BT Land that has been opened + 20 Ha at around coordinates 4o03'43,0" LU and 98o07'34,7" BT Plants estimated to be 6 months old Source: Results of the research in 2020

Table 3: Besitang Sub-district Targeted Location Pekan Besitang Village No Alleged Perpetrators Location / Coordinate Point Area Description controlled (Ha) 1 PT. Pelita Nusantara Paluh Kertang Link. I Pekan + 160 Ha Environment I, Pekan Besitang Village Sejahtera (PT. PNS) Besitang Village 04o03’30,5” LU Already planted palm oil 12 Ha 98o09’10,3” BT Land in the castle, there is a closure Paluh

International Journal of Research and Review (ijrrjournal.com) 133 Vol.8; Issue: 1; January 2021 Rusli et.al. Law enforcement against environmental destruction due to the transfer of mangrove forest land functions on the coast of Langkat regency.

Kertang at coordinates 04o03'30,5" LU and 98o09'10,3" BT Heavy Equipment at the time of inducement is working at coordinates 04o03'41,1" LU 98o09'01,1" BT The location of the nursery in the environment I Pekan Besitang village. coordinates 04o03'18,7" LU 98o09'06.7" BT 2 PT. Pelita Nusantara Sei Sekundur Kecil Bukit Selamat + 272 Ha Bukit Selamat Village, Around the River, Sesirah Sejahtera (PT. PNS) Village 04o03’43,0” LU and Sikundur Kecil 98o07’34,7” BT Land that has been opened + 20 Ha at around coordinates 04o03'43,0" LU 98o07'34,7" BT Source: Results of the research in 2020

Table 4Gebang Sub-district Target Location Pasar Rawa Village No Alleged Location / Coordinate Area Description Perpetrators Point controlled (Ha) 1 Simanungkalit Paluh Cingam + 30 Ha Land has been planted with oil palm 04o01’22,6” LU Machine work is complete 98o23’16,2” BT 2 Poksan Paluh Aceh 04o00’21,6” + 60 Ha Land has been planted with oil palm LU 98o22’38,5” BT Machine work is complete 3 Ali Paluh Cingam + 60 Ha Land has been planted with oil palm 04o01’10,9” LU Machine work is complete 98o23’24,8” BT 4 Akam / Rambe GB 50 + 100 Ha Some have been planted with oil palm some have not been in 04o02’14,4” LU the preparation of land 98o23’46,2” BT There are 2 (two) heavy equipment units working to build a fortress and screeping 5 Aguan GB 50 + 8 Ha + 8 Ha there are 1 (one) heavy equipment unit that is 04o02’45,4” LU screeping/clearing heavy equipment land has been stopped by 98o23’12,4” BT the team Source: Results of the research in 2020

Table 5: West Brandan Sub-district Target Location Lubuk Kasih Village No Alleged Location / Area controlled Description Perpetrators Coordinate Point (Ha) 1 H. Saleh Bangun Lubuk Kasih + 232 Ha Some have been planted with oil palm there are still heavy 04o01’20,1” LU equipment for the manufacture of forts and repair of trenches 98o15’41,4” BT Source: Results of the research in 2020

Table 6: Besitang Sub-district Targeted Location of Bukit Selamat Village Alleged Location / Coordinate Area controlled No Description Perpetrators Point (Ha) 1 PT. PNS Lubuk Kertang + 150 Ha Part of the land is planted with oil palm and partly again is 04o03’44,5” LU an incentive farm 98o16’04,0” BT Currently still under investigation by the Forest Service of North Sumatra Province 2 Sutopo / Akam Lubuk Kertang + 100 Ha Part of the land is planted with oil palm and partly again is 04o03’27,5” LU an incentive farm 98o18’10,0” BT Currently still under investigation by the Forest Service of North Sumatra Province Source: Results of the research in 2020

Forest control and protection forest security together with the Forest measures in coastal areas of Langkat Service of North Sumatra Province; Regency to control and protect the damage 2. Langkat Government has published to mangrove ecosystems in coastal areas of several Circular Letters and Decrees of Langkat Regency, the Government of the Regent on the Establishment of Land Langkat Regency has made efforts Transfer Control Team in the Coastal including: Area of Langkat Regency. 1. Monitoring the area together with the The duty of Land Transfer Control Center for Natural Resources Team in the coastal area of Langkat Conservation and Forest Area Regency is as follows: (Muhammad Zain, Stabilization Center Region I, conduct 2020)

International Journal of Research and Review (ijrrjournal.com) 134 Vol.8; Issue: 1; January 2021 Rusli et.al. Law enforcement against environmental destruction due to the transfer of mangrove forest land functions on the coast of Langkat regency.

1. Reviewing the problem of land transfer carried out in aspects of administrative law, in coastal areas of Langkat Regency; although not yet maximal. In other words, 2. Identify land transfer activities in coastal environmental law enforcement also areas of Langkat Regency that violate regulates the issue of civil and criminal law applicable laws and regulations; sanctions. However, all three aspects of the 3. Coordinate the management of land law can result in different sanctions in transfer problems with the central accordance with the provisions of the law government and the government of that are violated. Environmental law North Sumatra Province and other enforcement is carried out with firmness and relevant institutions; wisdom, because it tucks into the interests 4. Take precautions against land transfer of environmentally sound development. activities in coastal areas of Langkat Law enforcement against mangrove forest Regency; damage on the coast of Langkat Regency 5. Submit recommendations and reports of has been done through the application of criminal acts of land transfer in coastal administrative sanctions carried out by areas of Langkat Regency to the police giving reprimands, stern warnings, permit of the Republic of Indonesia or to the delays and the revocation of business relevant Civil Servant Investigators to licenses. The Regional Government of take legal action against the perpetrators Langkat Regency also submitted of land transfer activities in coastal areas recommendations and reports of criminal of Langkat Regency in violation of acts of land transfer on the coast of Langkat applicable laws and regulations. Regency to the Police of the Republic of Following the issuance of the Decree Indonesia or to the relevant Civil Servant of the Langkat Regent, The Land Transfer investigators to take legal action against the Team of Langkat Regency conducted an perpetrators of the transfer of mangrove operation to control land transfer activities forest land functions on the coast of Langkat including: (Iskandar Z. Tarigan, 2020) Regency in violation of applicable laws and 1. The government land transfer team of regulations. Langkat Regency has jointly successfully stopped, confiscated and REFERENCES issued 1 (one) unit of heavy equipment 1. Anonimous, Kabupaten Langkat Dalam in Sedapan Island, Besitang District Angka, BPS Kabupaten Langkat, 2020. because it has carried out illegal land 2. Anonimous, Unit Pelaksana Teknis transfer activities and violated Kesatuan Pengelolaan Hutan Wilayah I Stabat/Dinas Kehutanan Provinsi Sumatera applicable laws and regulations. Utara, 2020. 2. The land transfer team of the Langkat 3. Erwin, Muhammad, Hukum Lingkungan Regency Government together with the Sistem Kebijaksanaan Lingkungan Hidup, personnel of the Leopard Brigade of PT. Refika Aditama, Bandung, 2019. North Sumatra Province together have 4. Friedman, Lawrance. M, American Law and successfully stopped, confiscated and Introduction, Hukum Amerika Sebuah issued 1 (one) unit of heavy equipment Pengantar, PT. Tata Nusa, 2001. in Dusun III Tanjung Pura for illegal 5. Hamzah, Andi, Penegakan Hukum land transfer activities and violating Lingkungan, Arikha Media Cipta, Jakarta, applicable laws and regulations. 1995. 6. Hamzah, Andi, Penegakan Hukum Lingkungan, Sinar Grafika, Jakarta, 2008. CONCLUSION 7. Imaniyati, Neni Sri, “Pengaruh Paradigma Law enforcement against Positivisme Terhadap Teori Hukum dan environmental destruction due to the Perkembangannya”, Mimbar : Jurnal Sosial transfer of mangrove forest land functions dan Pembangunan, Pusat Penerbitan on the coast of Langkat Regency has been

International Journal of Research and Review (ijrrjournal.com) 135 Vol.8; Issue: 1; January 2021 Rusli et.al. Law enforcement against environmental destruction due to the transfer of mangrove forest land functions on the coast of Langkat regency.

Universitas (P2U) LPPM Unisba, Volume 12. Sudjana, Eggi dan Rianto, Penegakan XIX No. 3: Juli-Desember 2003. Hukum Lingkungan Dalam Perspektif Etika 8. Jayadi, Ahkam, Memahami Tujuan Bisnis Di Indonesia, PT. Gramedia Pustaka Penegakan Hukum, Studi Hukum Dengan Utama, Jakarta, 1999. Pendekatan Hikmah, Genta Press, 13. Supriadi, Hukum Lingungan di Indonesia Yogyakarta, 2015. Sebuah Pengantar, Sinar Grafika, Jakarta, 9. Kusumaatmadja, Mochtar, Konsep-Konsep 2008. Hukum Dalam Pembangunan, Alumni, Bandung, 2002. How to cite this article: Rusli, Imaniyati NS, 10. Siahaan, N.H.T., Hukum Lingkungan dan Heniarti DD. Law enforcement against Ekologi Pembangunan, Erlangga, Jakarta, environmental destruction due to the transfer of 2004. mangrove forest land functions on the coast of 11. Silalahi, M. Daud, Hukum Lingkungan dan Langkat regency. International Journal of Sistem Penegakan Hukum Lingkungan Research and Review. 2021; 8(1): 124-136. Indonesia, Edisi Revisi, Alumni, Bandung, 1996.

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International Journal of Research and Review (ijrrjournal.com) 136 Vol.8; Issue: 1; January 2021