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All Journal The Indonesian Journal of International Clinical Legal Education
Kinasih, Salisa Widyaning
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Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Applying In Dubio Pro Natura in Environmental Crime Cases: Legal Perspectives in Indonesia Ramli, Asmarani; Putra, Tegar Islami; Dewanti, Natasya Fitri; Kinasih, Salisa Widyaning; Arifin, Ridwan; Idris, Siti Hafsyah
The Indonesian Journal of International Clinical Legal Education Vol 5 No 4 (2023): Sustainable Development and Legal Innovations: Exploring Environmental Conservati
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v5i4.76091

Abstract

This research aims to analyze the application of the "in dubio pro natura" principle in Indonesia. This principle translates as "in doubt, for nature" and emphasizes the importance of protecting nature and the environment in making legal decisions. This scientific research uses one of the parts of the grand method, namely Library Research which is based on literature or literature. The author uses several references as legal materials to analyze the object of writing. The results show that the application of the principle of "in dubio pro natura" is the foundation of the application of the concept of the precautionary principle that has entered the Indonesian legal order since the enactment of Law Number 32 of 2009, this principle is in line with the principles of environmental equity, bio diversity and polluter pays principle. In addition, this principle in Indonesia still faces challenges in its application. Several factors affecting the application of this principle in Indonesia include inconsistent government policies in environmental protection, lack of public understanding and awareness of the importance of nature conservation, and shortage of human and technical resources in environmental law enforcement.
Co-Authors Dewanti, Natasya Fitri Idris, Siti Hafsyah Putra, Tegar Islami Ramli, Asmarani Ridwan Arifin