Restorative Justice in Addressing Environmental Crimes: A Viable Alternative or a Legal Threat?

The enforcement of criminal law against environmental crimes in Indonesia remains largely dominated by a retributive approach that emphasizes punitive sanctions, often neglecting ecological restoration and substantive justice. This article examines the relevance and implementation of restorative justice as an alternative approach to addressing environmental crimes. Using a normative-juridical method supplemented by semi-structured interviews, the study analyzes the legal foundations, opportunities, challenges, and implications of applying restorative justice within Indonesia's environmental legal framework. Findings indicate that while restorative justice offers potential as a more responsive mechanism to environmental harm and victims' rights, its implementation faces significant obstacles, such as regulatory ambiguity, risks of impunity for corporate offenders, and limited community and victim participation. Therefore, strengthening a more specific legal framework, building law enforcement capacity, and ensuring active public involvement are essential to effectively, transparently, and fairly applying restorative justice in resolving environmental crimes.

Authors

Publication Details

Journal
Journal Of Strafvordering Indonesian
Published
2025-05-31
DOI
https://doi.org/10.62872/81zy5f06
Primary Topic
Wildlife Conservation and Criminology Analyses
Type
article
Field-Weighted Citation Impact
0.00
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article

Restorative Justice in Addressing Environmental Crimes: A Viable Alternative or a Legal Threat?

A. Djoko Sumaryanto
Journal Of Strafvordering Indonesian
Wildlife Conservation and Criminology Analyses
article

Restorative Justice in Addressing Environmental Crimes: A Viable Alternative or a Legal Threat?

A. Djoko Sumaryanto
article en

Abstract

The enforcement of criminal law against environmental crimes in Indonesia remains largely dominated by a retributive approach that emphasizes punitive sanctions, often neglecting ecological restoration and substantive justice. This article examines the relevance and implementation of restorative justice as an alternative approach to addressing environmental crimes. Using a normative-juridical method supplemented by semi-structured interviews, the study analyzes the legal foundations, opportunities, challenges, and implications of applying restorative justice within Indonesia's environmental legal framework. Findings indicate that while restorative justice offers potential as a more responsive mechanism to environmental harm and victims' rights, its implementation faces significant obstacles, such as regulatory ambiguity, risks of impunity for corporate offenders, and limited community and victim participation. Therefore, strengthening a more specific legal framework, building law enforcement capacity, and ensuring active public involvement are essential to effectively, transparently, and fairly applying restorative justice in resolving environmental crimes.

Journal Of Strafvordering IndonesianVol. 2(2)
Openalex Percentile: Top 81%
Wildlife Conservation and Criminology Analyses
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