PENYELESAIAN NON-LITIGASI DALAM MENGATASI PENCEMARAN LIMBAH PABRIK DI DESA KEDUNGGUWO

Abstract

Industrial development around residential areas often generates negative externalities in the form of environmental pollution, as seen in Kedungguwo Village due to the open burning of factory waste. This article examines the legal measures taken by the Kedungguwo Village Government in resolving environmental pollution disputes through non-litigation channels and analyzes the legal status of sanctions against polluters who have undergone mediation with the village. Using a normative legal research method with statutory and conceptual approaches, this article draws on primary, secondary, and tertiary legal materials analyzed descriptively and qualitatively. The findings show that the Village Government holds authority, derived from Law Number 6 of 2014 on Villages read together with Article 85 of Law Number 32 of 2009 on Environmental Protection and Management, to act as facilitator and mediator between affected residents and the factory. Applying Soerjono Soekanto's theory of legal effectiveness, this role has functioned reasonably well, although weaknesses remain, including the absence of a specific Village Regulation, limited apparatus capacity, and inadequate monitoring facilities. The mediation agreement resolves only civil liability and does not eliminate the state's authority to impose administrative or criminal sanctions.