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All Journal Kosmik Hukum
Dini Dewi Heniarti
Faculty of Law, 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.
Co-Authors Edi Setiadi Olivia Anggie Johar