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Environmental Genocide and the Urgency to Criminalize Ecocide in Modern Criminal Law Reform Zico Junius Fernando; Firdaus Arifin; Muhamad Adystia Sunggara; Chairul Huda; Fardana Kusumah
Administrative and Environtmental Law Review Vol 7 No 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i1.5010

Abstract

Environmental genocide refers to systematic ecological destruction that threatens the survival, identity, and dignity of particular communities, especially Indigenous and marginalized groups. This article argues that ecocide should be constructed as the legal offense capable of responding to such destruction within modern criminal law. Using a descriptive-prescriptive normative legal method, this study applies statutory, conceptual, and comparative approaches to examine the limits of existing environmental criminal law and to formulate a more precise model for criminalizing ecocide. The comparison focuses on the European Union, France, Ecuador, and Bolivia by assessing four variables: the definition of ecological harm, the threshold of severity, corporate and state accountability, and enforcement mechanisms. The study finds that Indonesian environmental law already recognizes serious environmental crimes and corporate liability, but it remains oriented toward pollution, administrative violation, and damage-based liability rather than systematic ecological destruction with cultural, intergenerational, and community-based consequences. This article proposes that ecocide be formulated as a distinct offense based on four core elements: unlawful or wanton conduct; severe, widespread, or long-term ecological damage; knowledge or intent regarding the risk of such damage; and aggravated liability where the destruction affects vulnerable communities or Indigenous peoples. The article contributes a doctrinal model for integrating ecocide into Indonesian criminal law reform through amendment of environmental legislation or the creation of a lex specialis on serious ecological crimes.
Analisis Hukum Tentang Tanggung Jawab Pemerintah Dalam Mengamankan Pertandingan Sepakbola: Kasus Tragedi Kanjuruhan 2022 Tristan Cakra Permana; Firdaus Arifin
Jurnal Hukum Lex Generalis Vol 7 No 8 (2026): Tema Hukum Pemerintahan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i8.3572

Abstract

The Kanjuruhan Tragedy on October 1, 2022, at Kanjuruhan Stadium, Malang Regency, represents one of the deadliest incidents in Indonesian football history, resulting in the death of over 130 spectators and injuries to hundreds of others. This study examines the legal responsibility of the government and local authorities in ensuring security and protecting human rights during football events, based on the principles of state accountability and authority. The research employs a normativeempirical legal approach, utilizing primary data from official reports of Komnas HAM, statements from the police and local government, and existing football safety regulations, as well as secondary data from relevant laws, journals, and academic literature. The study concludes that reform in regulatory frameworks, standardized safety protocols, and stronger oversight mechanisms are urgently needed to prevent similar tragedies and to ensure that government authorities uphold their duty of care in sporting events.
Optimalisasi Pengelolaan Keuangan dan Aset Desa dalam Rangka Meningkatkan Efektivitas Pemerintahan Desa Firdaus Arifin
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 4 No 1 (2024): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i1.3397

Abstract

Purpose: The objective of this study is to evaluate and optimize the management of financial balances and village assets in accordance with the principles of state administrative law. Methodology/approach: This study employs a qualitative approach with a normative legal analysis method, as this enables researchers to examine a range of legal sources, including legislation, government regulations, and pertinent policies, and evaluate their compatibility with practices observed in the field. Results: This study emphasizes the importance of policy reform and strengthening administrative capacity at the village level to improve the effectiveness of village governments in managing finances and assets more efficiently and accountably. Limitations: This study is limited to village financial and asset management in Indonesia, which refers to the importance of transparency and accountability. Contribution: This research contributes to the government and village apparatus, policymakers at national and regional levels, and village communities. Furthermore, this research has implications for village development and governance studies, especially in the context of village financial and asset management. Finally, this study contributes to the discipline of state administrative law by providing an in-depth analysis of the implementation of regulations related to village financial and asset management. The research findings highlight the importance of regulatory adaptation based on local context, which is a key aspect of administrative law theory.