Abstract

This research aims to analyze the problems of legal policy implementation in the protection of the marine environment against water pollution in Indonesia and to formulate a more effective and equitable reconstruction of legal policies based on socio-legal perspectives and justice theory. The formulation of the problems in this study includes: 1) how to implement the legal policy of protecting the marine environment against water pollution in Indonesia; and 2) how legal policies can be reconstructed to ensure more effective and equitable protection of the marine environment. The research method used is an empirical or sociological juridical method (empirical socio-legal research), with a qualitative approach through data collection techniques in the form of interviews, field observations, and documentation studies. This study examines the implementation of the law in the community, the behavior of business actors, and the effectiveness of environmental law enforcement in the field. The results of the study show that although normatively Indonesia already has a fairly comprehensive regulation in the protection of the marine environment, its implementation still faces various obstacles, including weak law enforcement, overlapping authority between institutions, low compliance of business actors, and lack of community participation. In addition, there is a gap between written law (law in books) and practice in the field (law in action), which shows that the law is not fully effective as an instrument to control marine pollution. Based on these findings, legal policy reconstruction needs to be carried out by integrating the principles of justice theory, including distributive justice, procedural justice, and intergenerational justice. The reconstruction is realized through strengthening fair and firm law enforcement, increasing institutional coordination, expanding public participation, and implementing economic and social instruments that encourage business actors' compliance. Thus, this study concludes that a socio-legal approach based on the theory of justice is the right strategy in realizing a more effective, responsive, and equitable legal policy for the protection of the marine environment in Indonesia. 

Keywords: Reconstructing, Legal, Policies, Marine, Environmental, Protection, Against, Water, Pollution, Indonesia, Socio-Legal, Perspective.