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All Journal Kosmik Hukum
Olivia Anggie Johar
Universitas Islam Bandung
Law, Crime, Criminology & Criminal Justice Social Sciences

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Reforming Environmental Criminal Law: A Comparative Study of the United States, the Netherlands, India, and Indonesia Olivia Anggie Johar; Edi Setiadi; Dini Dewi Heniarti
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.26167

Abstract

Industrial pollution and environmental destruction are now worldwide problems that call for a strong criminal justice system. To manage pollution and environmental damage, several nations have adopted different environmental punishment methods. To offer suggestions for enhancing Indonesia's environmental legal system, this study intends to examine the variations in environmental criminal law procedures in the US, the Netherlands, India, and Indonesia. Normative juridical study using a comparative legal perspective is the methodology employed. According to research findings, the US has stringent laws governing law enforcement that are founded on the Deferred Prosecution Agreement (DPA) and strict responsibility. While India has the National Green Tribunal to expedite the handling of environmental complaints, the Netherlands enforces the Environmental Management Act through a combination of administrative and criminal fines. The application of criminal penalties, which are typically ineffective, continues to present difficulties for Indonesia. To improve the efficacy of environmental law enforcement, this study suggests that Indonesia establish a special environmental court and implement an environmental recovery mechanism based on the polluter pays principle.
The Integration of Restorative Justice in Indonesia’s Criminal Justice System: Building a Comprehensive Legal Framework Olivia Anggie Johar; Edi Setiadi
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.27385

Abstract

The implementation of restorative justice in Indonesia has so far been fragmented, as each subsystem of the criminal justice system has issued its own regulations without comprehensive integration. This study examines the position of restorative justice within the Indonesian legal and criminal justice systems, while also proposing recommendations for its broader and more systematic application. Using a normative legal research method with statute and conceptual approaches, this study analyses secondary data through document review and literature study. The findings indicate that although restorative justice should, in principle, be applicable to all criminal offenses within the Indonesian legal system, its current application in the criminal justice system remains limited to specific cases. The novelty of this study lies in its proposal for an integrated legal framework—either through amendments to the Criminal Procedure Code (KUHAP) and the Criminal Code (KUHP) or through the enactment of a dedicated law—to comprehensively regulate restorative justice mechanisms. This contributes to the ongoing scholarly debate and provides a practical roadmap for legal reform in Indonesia.
Co-Authors Dini Dewi Heniarti Edi Setiadi