Regulating Ecocide in Indonesia Based on the Precautionary Principle

Ecocide, as a massive and far-reaching environmental crime, is gaining increasing attention in various countries including Indonesia. However, Indonesian national law has not explicitly regulated ecocide as a stand-alone crime. In this context, administrative law theory, particularly the Precautionary Principle, plays an important role in formulating legal policies that are responsive to environmental threats. This research uses a normative juridical method with a statutory approach and a conceptual approach. This article analyzes the legal construction of ecocide in Indonesia using the Precautionary Principle theory as an analytical knife to explore whether the current legal policy is sufficient in preventing and overcoming environmental crimes. The results of the research show that there are still many laws and regulations that were born without paying attention to the precautionary principle. This analysis concludes with recommendations for the establishment of more comprehensive ecocide regulations to provide more effective legal protection for the environment.

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Publication Details

Journal
International Journal of Business Law and Education
Published
2025-08-22
DOI
https://doi.org/10.56442/ijble.v6i2.1169
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Regulating Ecocide in Indonesia Based on the Precautionary Principle

Indah Dwi Qurbani, Nur Chanifah, Seto Ferdiantoro
1 links
International Journal of Business Law and Education
Indonesian Legal and Regulatory Studies
article

Regulating Ecocide in Indonesia Based on the Precautionary Principle

Indah Dwi Qurbani, Nur Chanifah, Seto Ferdiantoro
article en

Abstract

Ecocide, as a massive and far-reaching environmental crime, is gaining increasing attention in various countries including Indonesia. However, Indonesian national law has not explicitly regulated ecocide as a stand-alone crime. In this context, administrative law theory, particularly the Precautionary Principle, plays an important role in formulating legal policies that are responsive to environmental threats. This research uses a normative juridical method with a statutory approach and a conceptual approach. This article analyzes the legal construction of ecocide in Indonesia using the Precautionary Principle theory as an analytical knife to explore whether the current legal policy is sufficient in preventing and overcoming environmental crimes. The results of the research show that there are still many laws and regulations that were born without paying attention to the precautionary principle. This analysis concludes with recommendations for the establishment of more comprehensive ecocide regulations to provide more effective legal protection for the environment.

International Journal of Business Law and EducationVol. 6(2)
University of Brawijaya (ID)
Openalex Percentile: Top 74%
Indonesian Legal and Regulatory Studies
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