Legal Protection of the Environment in Indonesia from a Green Victimology Perspective

Abstract

The portrait of legal protection for the environment so far has not been oriented to the needs of the environment itself as a victim. As a result, the responsibility of perpetrators of environmental crimes has not been aimed at recovering the damage caused. This study aims to determine the legal protection against environmental damage from the perspective of green victimology. This research was conducted using a normative juridical approach, with a statutory and conceptual approach. The conclusion of this study is that the legal protection of the environment from the perspective of green victimology seeks to place the environment as a victim. Therefore, it is necessary to base it on two aspects of protection, namely preventive and repressive protection. Preventive protection emphasizes the prevention aspect so that an educational approach is needed, there is a need for a monitoring system for potential activities at the community level, to the reconstruction of criminal law, namely the expansion of the principle of strict liability in environmental crimes and placing recovery as the main criminal sanction. Meanwhile, repressive protection emphasizes efforts to take action against damage through strengthening the synergy of law enforcement officers, which are oriented towards restoring environmental damage.

Law Enforcement and Protection of Victims of Environmental Crimes: A Green Victimology Perspective

“…[14] this aligns with the concept of eco-justice, which encompasses environmental justice concerning human victims, ecological justice involving nonhuman victims such as the environment, plants, and animals, as well as species justice focusing on animals and plants as the affected entities. [15] It is important to study further because the problems of environmental crimes and justice for victims have not been fully implemented in indonesia, especially regarding non-human victims whose rights are often marginalized. When examined from theories relating to justice for the environment in the future, we can use the opinion of rob white who identified three approaches based on justice to be used in protecting the environment [16]: a.…”

Green Victimology: Sebuah Konsep Perlindungan Korban Dan Penegakan Hukum Lingkungan Di Indonesia

“…32 Hal ini terkait dengan perspektif eco-justice yang meliputi keadilan lingkungan dengan korban manusia, keadilan ekologis dengan korban di luar manusia, terutama lingkungan dan tumbuhan dan hewan, dan keadilan spesies dengan hewan dan tumbuhan sebagai korbannya. 33 Berdasarkan hal tersebut, dalam perspektif green victimology, telah memperluas batas-batas korban untuk memasukkan non-manusia.…”