ANALYSIS OF THE IMPLEMENTATION OF THE ULTIMUM REMEDIUM PRINCIPLE IN ENVIRONMENTAL VIOLATIONS IN INDONESIA

Law Number 32 of 2009 concerning Environmental Protection and Management emphasizes the principle of ultimum remedium as a last resort in enforcing environmental criminal law, where criminal sanctions are only applied after administrative and civil efforts have failed. However, the ambiguity of this regulation, such as the lack of objective parameters to determine the effectiveness of administrative sanctions, creates implementation inconsistencies, leading it to often rely on the subjectivity of law enforcers. This study aims to analyze the application of the ultimum remedium principle in environmental violations in Indonesia and identify optimization efforts. Using a normative juridical method with a statutory and conceptual approach, this study examines primary legal materials (the Criminal Code and Law Number 32 of 2009), secondary (literature and journals), and tertiary through library studies and analysis. The study's results indicate that this principle is effective in encouraging preventive and restorative approaches. However, its implementation is still weak due to subjectivity and a lack of technical guidelines. Optimization efforts include regulatory updates with clear parameters, increasing law enforcement capacity through training, strengthening technology-based administrative oversight, and reforming the legal system to support ecological justice and sustainable development. These recommendations are expected to reduce the risk of overcriminalization and increase the effectiveness of environmental protection in Indonesia.