Mengganti Kerugian Ekologi melalui Perspektif Pidana Denda

The pattern of punishment through fines is not widely discussed, especially for law enforcement in the natural resources regime. Fines are always formulated together with other criminal threats, namely imprisonment because of its nature as a form of basic punishment. However, when the fine punishment is faced with acts that cause natural resources losses, the fine punishment has not been seen as a frightening threat or even more deterrent. Therefore, it is important to have a legal concept in a criminal perspective as a replacement for ecological damage. The purpose of this research is to find out the extent of criminal fines and its development, along with an in-depth analysis of criminal fines imposed on corporations to recover ecological losses in the future. This research method uses dogmatic legal research, which is based on literature review, policy, and current knowledge. The results of the discussion of this research include, fines are still not too favoured to deter criminals whose actions are charged with the consequences of damage to natural resources. Criminal fines also need to be reformulated through the basis and perspective of ecological losses, so that the content of the use of ecological losses can be the basis for higher and more optimal criminal fines.

Authors

Publication Details

Journal
Journal Economic & Business Law Review
Published
2024-11-21
DOI
https://doi.org/10.19184/jeblr.v4i2.53373
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

Mengganti Kerugian Ekologi melalui Perspektif Pidana Denda

Fiska Maulidian Nugroho
Journal Economic & Business Law Review
Indonesian Legal and Regulatory Studies
article

Mengganti Kerugian Ekologi melalui Perspektif Pidana Denda

Fiska Maulidian Nugroho
article en

Abstract

The pattern of punishment through fines is not widely discussed, especially for law enforcement in the natural resources regime. Fines are always formulated together with other criminal threats, namely imprisonment because of its nature as a form of basic punishment. However, when the fine punishment is faced with acts that cause natural resources losses, the fine punishment has not been seen as a frightening threat or even more deterrent. Therefore, it is important to have a legal concept in a criminal perspective as a replacement for ecological damage. The purpose of this research is to find out the extent of criminal fines and its development, along with an in-depth analysis of criminal fines imposed on corporations to recover ecological losses in the future. This research method uses dogmatic legal research, which is based on literature review, policy, and current knowledge. The results of the discussion of this research include, fines are still not too favoured to deter criminals whose actions are charged with the consequences of damage to natural resources. Criminal fines also need to be reformulated through the basis and perspective of ecological losses, so that the content of the use of ecological losses can be the basis for higher and more optimal criminal fines.

Journal Economic & Business Law ReviewVol. 4(2)
Openalex Percentile: Top 54%
Indonesian Legal and Regulatory Studies
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Mengganti Kerugian Ekologi melalui Perspektif Pidana Denda — Fiska Maulidian Nugroho · Journal Economic & Business Law Review (2024) | TGRS Research Map | TGRS