The implementation of administrative sanctions as an instrument of environmental law enforcement in Semarang City- a review

. The economic growth of the City of Semarang is influenced by the development of the manufacturing/ construction industry and construction has an effect on increasing pollution and/ or environmental damage. For this reason, one of the Government's efforts to provide protection and living environment management for its citizens is through environmental law enforcement. The main objective of law enforcement in cases of pollution and/ or environmental damage is to restore the environmental ecosystem and to improve the quality of the environment. Administrative legal instruments are considered the most appropriate for this purpose, because the characteristics of administrative sanctions are preventive through supervision and licensing and are repressive through the application of administrative sanctions. This study aims to find out how the enforcement of environmental law through administrative law, how the implementation of administrative sanctions as one of the instruments of law enforcement for environmental administration and inhibiting factors in its application. This research uses the literature method by studying books, laws and regulations and other written materials related to the discussion material.


Introduction
The economic growth of Semarang City was in line with the accelerated development in various sectors by government's. A strategic position with the existence of the Trans Java toll road in this region becomes one of the supporting factors of economic growth in various sectors in Semarang City [1]. The economic growth of Semarang City was most influenced by five categories of business fields, including manufacturing industry, construction service businesses, wholesale and retail trade, information and communication, and financial service businesses as shown in Figure 1 below [2]. The figure above shows that the manufacturing industry and the construction service business were two biggest categories of business field that drive the economic growth of Semarang City. Business is often blamed as one of the main causes of pollution and various environmental damage. But, their existence is inevitable, and even very desirable, because it is considered as the engine of life [3]. But the economic growth has an effect on increasing pollution and/ or environmental damage in the City of Semarang. One of the indicators was increased the number of public complaints regarding alleged violations or the potential and/ or impact on the environment for the conduct of a business and/ or activity to the Department of Environment (DLH) of Semarang City. Semarang City's DLH data shows an increase in the number of public complaints in 2015 to 2017 as can be seen in the following Table 1 below. The Government issued the Law of the Republic of Indonesia Number 32 Year 2009 concerning Environmental Protection and Management (UUPPLH) as one of the manifestations of the form of environmental protection and management to its citizens. Siti Sundari Rangkuti stated that environmental law enforcement was an effort to achieve compliance with regulations and requirements in general and individual legal provisions, through supervision and application (or threatening) of administrative, criminal and civil facilities [4]. In the UUPPLH, environmental law enforcement efforts are classified into three categories, namely law enforcement through administrative law, civil law and criminal law. According to Keraf, the most important goal in law enforcement for cases of pollution and environmental damage is not only to impose sanctions on environmental pollutants or destroyers, but to restore the environmental ecosystem and strive to improve the quality of the environment [5]. Among the three categories of environmental law enforcement above, law enforcement through administrative law is considered most in accordance with the main objectives of law enforcement in the environmental field because administrative sanctions are aimed at preventing and stopping violations, as well as efforts to restore the damaged or polluted environment as a result of the perpetrators' actions [6].
Mas Achmad Santosa said that the used of administrative law in environmental law enforcement has a benefit of strategic compared to the other two fields of law because environmental administration law enforcement can be optimized as a prevention tool, more efficient in terms of financing which only includes financing in conducting field supervision and laboratory testing, and have more ability in inviting community participation that starts from the process of licensing, monitoring, and supervision of filing an objection to ask state administrative officials in imposing administrative sanctions [7].
Complaints from the community as shown in Table 1 above, received orally or in writing were received by DLH Semarang City for further review and classification of complaints, and field verification. If the results of the field verification are proven to have pollution and/ or environmental damage, then action was taken in the form of administrative sanctions, civil sanctions, and criminal sanctions [8].
This research aims to find out how the enforcement of environmental law through administrative law, how the application of administrative sanctions as one of the instruments of law enforcement for environmental administration and inhibiting factors in its application. This research uses the literature method, namely by studying books, laws and regulations and other written materials related to the discussion material.

Environmental law enforcement through administrative law in Semarang City
Administrative law enforcement efforts in the field of environmental protection and management are based on two important instruments, namely supervision and application of administrative sanctions. Supervision was a preventive law enforcement effort carried out in the context of controlling living environment impacts. Whereas the application of administrative sanctions was a repressive effort carried out in terms of environmental pollution or damage that has occurred due to a permit violation. Between supervision as a preventive effort and application of administrative sanctions as a repressive effort is an integrated process in the enforcement of environmental law through administrative law. When preventive law enforcement does not achieve its objectives and/ or violations occur even though strict supervision has been carried out, repressive law enforcement can be done through the application of administrative sanctions [7]. Administrative law enforcement arrangements through supervision were regulated in Article 71 to 75 UUPPLH. In general, supervision was carried out on the compliance of the person responsible for a business and/ or activity on an environmental permit issued for him. The main objective is to take precautions in the event of violations of the provisions that have been required. If the results of supervision indicate a violation of environmental permits, then the DLH of Semarang City applies administrative sanctions to those responsible for the business and/ or activity. Beside from the results of supervision, information about receiving license is obtained from complaints or reports from the community. Community participation through complaints was carried out in the event of an alleged violation or the potential and/ or impact on the environment for the conduct of businesses and/ or activities. According to Aminah, law enforcement for cases of pollution and/ or environmental damage in the city of Semarang was more preceded by community complaints than from the results of licensing supervision. Coordination between the supervising section and the administrative sanction department was not well established, so that the enforcement of environmental cases will went to the field if there were complaints from the community [9].
In contrast to civil and criminal sanctions, the application of administrative sanctions was carried out by administrative officials without having to go through a judicial process (non-judicial), so that the application of administrative sanctions was relatively faster compared to other sanctions in an effort to enforce environmental law. Besides administrative sanctions have the nature of restoring the original state (reparatoir). And no less important than the application of administrative sanctions was the opening of space and opportunities for community participation [10]. Community participation is a process involving people to participate in local planning, implementation and management activities [11]. The form of community participation is self-management, because it is formed by itself based on the environmental awareness of the local community [12].

The implementation of environmental administrative sanctions in Semarang City
In the event that the results of the supervision show disobedience to the laws and environmental regulations, then the DLH of Semarang City applies administrative sanctions to the person in charge of the business and/ or activity. In addition, administrative sanctions can also be applied based on complaints or reports from the public on businesses and/ or activities that have been proven to have an impact on the environment or if there are other violations that do not comply with the provisions in the field of environmental protection and management. The application of administrative sanctions is carried out with several types of sanctions namely written warning, government coercion, license suspension and license revocation which are detailed in detail as follows [13]. a. Written warning Written reprimand was a sanction that was applied to the person in charge of a business and/ or activity in the case of a violation of the requirements and obligations of the permit, but has not yet caused a negative impact on the surrounding environment. b. Government coercion Government coercion was sanctions imposed on those responsible for a business and/ or activity in the event of a violation of the requirements and obligations of the permit and/ or negative impact on the surrounding environment. Forms of government coercive sanctions in the form of : temporary suspension of production activities; removal of production facilities; closure of sewage or emissions drains; demolition; confiscation of goods or equipment that potentially cause violations; temporary suspension of all activities; and/ or other actions aimed at stopping violations and actions to restore environmental functions [10]. c. License suspension License suspension in the form of an environmental permit and/ or environmental protection and management permit is a sanction in the form of a legal action not to temporarily apply a permit resulting in the cessation of a business and/ or activity. Applied if the person in charge of the business and/ or activity does not carry out government coercion, carry out other activities besides the activities listed in the permit, and/ or the alleged forgery of permit requirements documents.. d. Revocation of permission Revocation of environmental permit and/ or environmental protection and management permit is applied if the person in charge of the business and/ or activity transfers his business permit to another party without written approval from the business licensor, does not carry out government coercion within a certain time, and/ or causes pollution and/ or environmental damage that endangers human safety and health . For example, one of the case of applying administrative sanctions by the City of Semarang was the imposition of government coercient sanctions on CV. Slamet Widodo. This case stems from a comunity complaint that reported the existence of environmental pollution in the form of a pungent odor from the process of drying shrimp paste belonging to CV. Slamet Widodo. Based on public complaints, the Semarang City DLH conducted clarification and field verification by conducting direct observations to industrial sites. The results of the field verification, DLH imposed administrative sanctions in the form of a warning letter up to government coercion as explained in Table 2 below. There was still a stinging bolteration Government Repair the factory chimney and immediately completed the coercion and complete it with a water preparation of the environmental scrabber study document 6 Less than optimal in tackling Government Bring in experts to get environmental pollution coercion pollution prevention advice The results of further final supervision to the CV. Slamet is considered to have carried out obligations in government coercion even though it was not yet maximized because the smell of shrimp paste still smelled but the level of odor that could be tolerated and was in accordance with air quality standards in accordance with applicable regulations. The effectiveness of administrative sanctions up to government coercion is also felt by the local community who feel that the smell of shrimp paste is no longer stinging [7].

Inhibiting factors in applying administrative sanctions
In providing administrative sanctions, DLH of Semarang City still faces obstacles in its implementation. Basically there are "five exact" that need to be fulfilled in terms of the effectiveness of policy implementation, namely policy accuracy, implementation accuracy, target accuracy, environmental accuracy and process accuracy [14]. An analysis of the effectiveness of law enforcement in the city of Semarang is based on the theory put forward by Soerjono Soekanto that the main problem of law enforcement actually lies in the factors that might influence it such as [9]: a. The legal factor itself (the law); b. Law enforcement factors, namely those who form or apply the law; c. Facility factors and facilities that support law enforcement; d. Community factors, namely the environment in which the law applies or is applied; and e. Cultural factors, namely the work, creation, and human intention in the association of life.
Barriers to the implementation of administrative sanctions associated with factors that affect the effectiveness of law enforcement in the Semarang City can be described as follows. b. Legal factors The legal basis of law enforcement in Semarang City uses Regional Regulation The lack of supporting facility and infrastructure such as official cars and limited amount of budget for conducting field verification and law enforcement socialization activities in the community have an effect on the performance of the DLH of Semarang City [7]. e. Community factors Lack of awareness of business actors in complying with the environmental regulations, because they were only oriented to business profits without regard to the quality of the surrounding environment. Likewise, the lack of community participation or public awareness to be involved in environmental law enforcement [7]. f. Cultural factors The behavior patterns of the people who do not care about the polluted environmental conditions, even take action to aggravate environmental pollution such as disposing of trash improperly [8].

Conclusion
Based on the discussion above, it can be concluded that: a. Enforcement of environmental law through administrative law is preventive as an effort to prevent and control environmental impacts by utilizing monitoring and licensing instruments and is repressive as an effort to stop violations, as well as efforts to restore the damaged or polluted environment as a result of violations by applying sanctions administrative; b. The application of administrative sanctions is based on the results of supervision and the results of field verification of public complaints c. In implementing administrative sanctions, the Semarang City DLH still experiences obstacles in the legal factors themselves, law enforcement factors, facility and infrastructure factors, community factors and cultural factors.