Reorientation of Environmental Criminal Law Enforcement through the Formulation of Corporate Community Service Orders

The importance of legal protection for the environment in Indonesia is a critical issue, as judicial decisions in environmental crime cases often fail to consider the environmental damage caused by offenders. This study identifies a research gap in the legal approach, which predominantly focuses on protecting human rights to a healthy environment while neglecting the inherent rights of the environment itself. The objective of this study is to explore the role of law in positioning the environment as a subject that deserves protection in environmental crime cases. Utilizing doctrinal legal research methodology, which examines law based on established doctrines, the study finds that environmental destruction is primarily viewed as a violation of human rights rather than a violation of the environment's own rights. The key findings suggest the necessity of a new formulation in environmental criminal law enforcement, one that is environmentally oriented. One such idea proposed is the "Community Service Orders" for corporations that commit environmental crimes, as a form of legal accountability that more inclusively addresses environmental harm.

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Publication Details

Journal
Ranah Research Journal of Multidisciplinary Research and Development
Published
2024-12-26
DOI
https://doi.org/10.38035/rrj.v7i2.1276
Primary Topic
Wildlife Conservation and Criminology Analyses
Type
article
Field-Weighted Citation Impact
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article

Reorientation of Environmental Criminal Law Enforcement through the Formulation of Corporate Community Service Orders

Ainun Jiwanti
Ranah Research Journal of Multidisciplinary Research and Development
Wildlife Conservation and Criminology Analyses
article

Reorientation of Environmental Criminal Law Enforcement through the Formulation of Corporate Community Service Orders

Ainun Jiwanti
article en

Abstract

The importance of legal protection for the environment in Indonesia is a critical issue, as judicial decisions in environmental crime cases often fail to consider the environmental damage caused by offenders. This study identifies a research gap in the legal approach, which predominantly focuses on protecting human rights to a healthy environment while neglecting the inherent rights of the environment itself. The objective of this study is to explore the role of law in positioning the environment as a subject that deserves protection in environmental crime cases. Utilizing doctrinal legal research methodology, which examines law based on established doctrines, the study finds that environmental destruction is primarily viewed as a violation of human rights rather than a violation of the environment's own rights. The key findings suggest the necessity of a new formulation in environmental criminal law enforcement, one that is environmentally oriented. One such idea proposed is the "Community Service Orders" for corporations that commit environmental crimes, as a form of legal accountability that more inclusively addresses environmental harm.

Ranah Research Journal of Multidisciplinary Research and DevelopmentVol. 7(2)
Sriwijaya University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 77%
Wildlife Conservation and Criminology Analyses
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