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All Journal JUSTISI PUSKAPSI Law Review Journal of Transcendental Law Jurnal Jurisprudence
Jiwanti, Ainun
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : JUSTISI

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Urgency of Expanding the Meaning of State Financial Losses Based on Ecological Losses Resulting from Corruption in the Natural Resources Sector Jiwanti, Ainun; Mona Ervita
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4334

Abstract

This study aims to analyze the urgency of expanding the meaning of state financial losses by including ecological losses resulting from corruption in the natural resource sector based on an ecocentric approach. This study uses a normative juridical method with a statute approach, a case approach, and a conceptual approach. The novelty of this study lies in the use of an ecocentric approach in the concept of state financial loss, which asserts that natural resources are part of state wealth, so their damage due to corruption in the natural resource sector must be considered as state financial loss. However, this contradicts the current legal approach, which only recognizes “actual loss” based on Constitutional Court Decision No. 25/PUU/XIV/2016, thereby hindering the recognition of ecological losses as part of state financial losses. The results of the study show that corruption in the SDA sector not only has an impact on state financial losses but also causes severe environmental damage. However, current law enforcement still uses an anthropocentric approach that only considers state losses in financial terms without including ecological damage caused by SDA corruption as part of state financial losses, so there is an urgent need to expand the meaning of state financial losses to include ecological losses. The conclusion of the research suggests that incorporating ecological losses into the calculation of state financial losses ensures that criminal law enforcement holds corrupt actors accountable not only for financial aspects but also for environmental restoration, thereby supporting ecological justice and the sustainability of natural resources.
Kebijakan Hukum Pidana dalam Upaya Penanggulangan Tindak Pidana Lingkungan Hidup dalam Undang-undang Cipta Kerja: Kebijakan Hukum Pidana dalam Upaya Penanggulangan Tindak Pidana Lingkungan Hidup dalam Undang-undang Cipta Kerja Jiwanti, Ainun
JUSTISI Vol. 9 No. 2 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i2.2334

Abstract

This study aims to analyze how criminal law policies in dealing with environmental crimes in Law Number 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation to Become a Law (“Law concerning Determination of Job Creation GRL to Become a Law”). This research uses normative legal research or doctrinal legal research. The approach used is the statutory approach, as well as the technique of tracing legal materials by means of a literature study. The results showed that in the Law concerning Determination of Job Creation GRL to Become a Law there was a political shift in environmental law enforcement law, namely there was a change in the types of sanctions for several actions that were previously threatened with criminal sanctions in the Environmental Protection and Management Law (Law No. 32/2009) but in the Law concerning Determination of Job Creation GRL to Become a Law they were threatened with administrative sanctions. The Law concerning Determination of Job Creation GRL to Become a Law also has not accommodated a number of important regulations, namely relating to the system for formulating criminal penalties, where there is no minimum penalty limit, criminal provisions in lieu of fines that are not paid by corporations and the obligation to impose sanctions for environmental improvement measures. Therefore, the Law concerning Determination of Job Creation GRL to Become a Law needs to be revoked or revised before it is enacted into law in order to realize environmental-oriented law enforcement. Keywords: Criminal law policy; Environmental Crime; Job Creation Law.
Co-Authors Eko Soponyono Ervita, Mona