Legal Politics of Indonesian Environmental Management: Discourse between Maintaining Environmental Sustanability and Economic Interests

: Environmental management in Indonesia has undergone various policy changes, in addition to overlapping interrelated legal regulations. Environmental management in addition to dealing with aspects of nature conservation, is also related to economic aspects, investment, and sustainable development. On the one hand there is an interest in preserving nature and protecting nature as it should be, but on the other hand there is a shift in interests, especially about investment and economic interests. This study aims to analyze the political direction of environmental management law in Indonesia.


I. INTRODUCTION
Since the 1980s, the environmental political agenda has begun to focus on the paradigm of sustainable development. At first, this term appeared in the World Conservation Strategy of the International Union for the conservation of Nature (1980), then used by Lester R.
Brown in the book Building a Substainable Society (1981). The term later became very popular through Brundtland, Our Common Future (1987). 1  Overexploitation of natural resources in Indonesia has the potential to cause wider environmental damage. This condition is increasingly complicated, considering that violations of spatial planning in various regions in Indonesia are increasingly massive. In fact, even though Indonesia is a country with the 8th largest forest area in the world with a forest area of 120.6 million hectares, or about 63 percent of the total land area of Indonesia, Indonesia's forest deforestation has been ranked the third highest in the world in 2018. Since 2015 about 30 percent of conservation forest is damaged due to forest encroachment by the community. For furher discussion concerning this issu, please also see Nurul Listiyani, Muzahid Akbar Hayat, and Subianta Mandala. "Penormaan pengawasan izin lingkungan dalam pencegahan pencemaran dan kerusakan lingkungan hidup dalam eksploitasi sumber daya alam." Jurnal Media Hukum 25, No. 2 (2018) (1)  For more than a decade, problems related to pollution of the human environment have received very serious attention from the international community. Problems such as population explosion, increasing number of poor people, rapid urbanization, abandonment of rural lands, and industrial development that does not take into account the resilience of natural resources have concerned many groups such as politicians, intellectuals, community leaders, and others. development critics. On various occasions at international meetings, this well-founded concern was expressed in important political declarations which could be viewed as criticisms of development styles that ignore the demands of ecological balance. regulated in various legal products of regional autonomy. It's just that substantially apart from disharmony with environmental law politics, there are also inconsistencies in the formulation of provisions with one another. As a result, Regional environmental authority and institutional arrangements are weak and interregional cooperation in the environmental field has not been well developed. In the end, environmental conditions in the era of regional autonomy did not get better than before.

II. METHODS
The method used in this study is library research and comparative approach. That is a method that is carried out by studying and

INDONESIA
Based on the political meanings and assumptions above, the study of legal politics covers at least three levels, first legal politics in the sense of legal policy: the official state line regarding laws that will be enforced and will not be enforced (making new ones, replacing old ones), second legal politics in the sense of political struggles and debates which then give birth to law based on the assumption that law is a political product, and third, legal politics in the sense of implementing legal policies in the field. Legal politics, in simple terms, can be formulated as: "The legal policy that will be and or has been implemented nationally by the government includes an understanding of how legal politics affects the law by looking at the configuration of power behind the formation and enforcement of the law". The definition of law cannot only be seen as imperative articles or das sollen imperatives but must be seen as a subsystem which in reality (das sein) is not impossible to be very much determined by politics, both in the formulation of the content material and the articles as well as in its implementation and enforcement. 11 According to Abdul Hakim Garuda Nusantara, the definition of legal politics is a legal policy that will be or has been implemented nationally by the Indonesian government, which includes: first, legal development with the core of making and updating legal materials so that they are in accordance with needs; second, the implementation of existing legal provisions, including the affirmation of the function of the institution and the guidance of law enforcers. 12 Political legal reform, according to the Indonesian Center for Environmental Law (ICEL), should be carried out in a comprehensive and integrated manner and lead to improvements in 6 (six) things, namely:

Government apparatus (bureaucracy) who are professional and
have strong integrity 4. A strong civil society so that it is able to carry out the functions of public control (public watchdog) and pressure (pressure).
5. Decentralization and strong regional representative institutions supported by strong local civil society (democratic decentralization); 6. There is a conflict resolution mechanism. 13 Article 20, Article 21, Article 28H paragraph (1), as well as Article 33 paragraph (3) and paragraph (4)  5. There is a delegation of further regulations regarding environmental management by law.

TO PROTECT OR TO EXPLORE?
Prior to the enactment of Law Number 32 of 2009 concerning Protection and Management and Protection of the Environment, was born before the existence of regional autonomy, because as we all know before the birth of regional autonomy all authority was in the central government, including the authority to regulate the environment and natural resources. With the implementation of regional autonomy in 2001, the authority of the central government was decentralized to local governments, including to regulate the environment and natural resources. From these matters, a new Environmental Law which is more comprehensive, consistent, and substantive is needed.
Article 33 paragraph (4)   run well as well. Likewise, the use, control, supervision, and law enforcement can be good and correct if the planning is also good beforehand environmental support and capacity in the utilization of natural resources. So that the utilization of natural resources is not damaged, the sustainability of the processes, functions and capacity of the environment is to maintain the preservation of environmental functions.

AND PROTECTION)
What has been discussed above is the main content of Law Number

of 2009 concerning Environmental Management and Protection,
there are a few things that need to be criticized from the Law, namely, Article 46, which reads: "In addition to the provisions as referred to in Article 45, in the context of restoring environmental conditions whose quality has been polluted and/or damaged at the time this law is enacted, the Government and regional governments are required to allocate a budget for environmental restoration". The discussion regarding the components of the legal application system includes three main components, namely the legal components that will be applied, the institutions that will implement them, and personnel from these implementing institutions which generally include administrative institutions and judicial institutions, such as the police, prosecutors, judges, and various other institutions.
an institution that functions to administer the law administratively at the executive level. 20 No matter how good a legal product is made by the Central Moreover, it should not be seen as a stumbling block for development and economic interests in various sectors. Second, in order to carry out all the duties and authorities regulated in this law, it is realized that a Ministry of Environment and Forestry of the Republic of Indonesia is needed, which has more power, and vnd very large budget support for the Ministry in carrying out the responsibilities, duties, functions, and authorities mandated by this law.
Third, all stakeholders (DPR, mass media, experts, and environmental activists as well as non-governmental organizations in the environmental field) are expected to be invited to be involved in one form or another according to their respective roles to jointly succeed in the implementation of the Law. this as a dream and a common answer to various global environmental crises and disasters, and the Ministry must be willing to open up and embrace various stakeholders to play an active role in supporting the implementation of this Law. And no less important is the effort to convince other sectors that, firstly, the environment is a common problem that it is time to place it as a major part of the mainstream of national development, secondly, a law is needed to control all of us in the context of development activities in such a way as not to ignore environmental problems, third, productive economic activities are still given a place and guaranteed not to be contested as long as they comply with the provisions of laws and regulations in the environmental field, fourth there is no need to worry that this law will hinder and slow down the pace of national economic development in order to realize common prosperity for all Indonesian people. In the furher context, this law needs to be supported by all sectors for the common interest of all Indonesian people, both current and future generations. 21

V. CONCLUSION
This study highlighted and concluded that the need for a change in the development paradigm that focuses on economic development alone must be changed/or added to a development that looks at sociocultural and environmental aspects. Changes in the culture of society must be directed more towards love for their own environment, as long as our society's culture is anthropocentrism or which destroys the environment, it is difficult to preserve the environment. Based on what has been described above, that the legal politics of environmental management and protection is almost perfect because its formation is better than before. Law Number 32 of 2009 concerning Environmental Management and Protection, as an umbrella for the regulations under it, does not yet have a Government Regulation on Strategic Environmental Studies. In terms of making environmental permits, it is time to carry out a better study so that good data can be obtained before construction is carried out. In making laws and regulations, it must refer to environmental-based laws and regulations. The need for clear law enforcement for environmental perpetrators/destroyer in order to create a deterrent effect and between the theree sanctions (criminal, civil and administrative) there is no overlap. A sizeable budget is required in terms of environmental management and protection.