ANALISIS EFEKTIVITAS PENERAPAN SANKSI ADMINISTRATIF TERHADAP INDUSTRI TEKSTIL PELANGGAR BAKU MUTU AIR LIMBAH DI KABUPATEN BANDUNG PASCA-UNDANG-UNDANG CIPTA KERJA

Abstract

The textile and clothing industry in Bandung Regency is one of the national strategic manufacturing sectors, yet its activities bring critical ecological impacts. Many textile industries discharge liquid waste directly into the Citarum River Basin (DAS Citarum), exceeding the Wastewater Quality Standards (BMAL), which triggers environmental degradation as well as socio-economic losses for the surrounding community. This study aims to analyze the effectiveness of the application of administrative sanctions by the Regional Government of Bandung Regency against textile industries violating BMAL and to identify the juridical and non-juridical factors that obstruct such law enforcement. The research method used is empirical juridical (socio-legal) with three approaches: the statute approach, the case approach, and the sociology of law approach. Data were collected through in-depth interviews with officials from the Environmental Agency (DLH) and relevant industrial management, documentary studies, and field observations, which were subsequently analyzed qualitatively. The results of the study indicate that there are three main typologies of waste quality standard violations by the textile industry, namely deliberate bypassing of waste channels, under-dimensioning or overloading of the Wastewater Treatment Plant (IPAL), and self-monitoring data malpractice. Although regulations post-Job Creation Law have tightened the instruments of administrative sanctions (including the introduction of administrative fines), their implementation in the field is still considered ineffective and has not provided a deterrent effect. This ineffectiveness is caused by juridical factors in the form of bureaucratic loopholes due to the centralization of supervisory authority to the national level after the Job Creation Law. Meanwhile, non-juridical factors include the limited number of Regional Environmental Supervisors (PPLHD), minimal operational budgets, and the compromising attitude of the local government to maintain the investment climate and employment. Reorganizing supervisory coordination and consistent administrative law enforcement is urgently required to achieve ecological justice in Bandung Regency.