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All Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Jurnal Kajian Pembaruan Hukum
Ahmad Wali
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Law, Crime, Criminology & Criminal Justice

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Greenwashing as a Crime and the Urgency of Redesigning the Environmental Criminal Law Paradigm Zico Junius Fernando; Wevy Efticha Sary; Ahmad Wali; Ariesta Wibisono Anditya
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53693

Abstract

Greenwashing, a deceptive practice wherein corporations falsely present their products, services, or policies as environmentally friendly, has emerged as a serious threat to environmental protection and consumer trust in the era of sustainable development. This paper argues that greenwashing should be recognised not merely as an ethical or regulatory violation but as a criminal offence within the framework of environmental criminal law. Through a normative-juridical approach combined with a comparative analysis of legal frameworks in various jurisdictions, this study explores the limitations of current civil and administrative sanctions in deterring greenwashing practices. The analysis reveals that the absence of criminal liability has allowed corporations to manipulate sustainability narratives without facing substantial legal consequences. By examining the socio-legal harms of greenwashing, including environmental degradation, market distortion, and erosion of public confidence, this paper advocates for a paradigm shift in environmental law enforcement. It proposes the integration of greenwashing as a distinct criminal act under environmental law, emphasising principles such as strict liability, corporate criminal responsibility, and the need for restorative justice mechanisms. The study concludes with policy recommendations for legal reform that align with the principles of ecological justice and sustainable governance, reinforcing the urgency to criminalise greenwashing as part of a broader effort to protect both the environment and the rights of consumers.
Mengurai Batas Kerugian Keuangan Negara Dalam Hukum Administrasi Negara Dan Hukum Pidana Pasca Putusan Mahkamah Konstitusi Nomor 66/PUU-XXIV/2026 Ahmad Wali
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 5 SEPTEMBER 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study examines Constitutional Court Decision Number 66/PUU-XXIV/2026 on the boundary of state financial loss between administrative law and criminal law. Using a normative juridical method with statutory, case, and conceptual approaches, it finds that the Court rejected the petitioner's request to broaden "state financial loss" into "state loss", and instead read "kerugian negara" in Article 20(5) and (6) of Law Number 30 of 2014 as "kerugian keuangan negara" to secure terminological consistency and measurability. The ruling reinforces the ultimum remedium principle and APIP's role as the first filter. However, together with Decision Number 25/PUU-XIV/2016, it has not yet produced a clear operational boundary between administrative and criminal liability, as administrative errors are still prosecuted as corruption. Legislative harmonization and judicial guidelines remain necessary.
Co-Authors Anditya, Ariesta Wibisono Fernando, Zico Junius Wevy Efticha Sary