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All Journal Damhil Law Journal Estudiante Law Journal
Bahutala, Andris E.
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Law, Crime, Criminology & Criminal Justice

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Legal Sanctions in Environmental Crimes: Between Effectiveness and Obstacles Bahutala, Andris E.; Aswar, Asrul
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31634

Abstract

The purpose of this paper is to evaluate the effectiveness of the application of criminal sanctions based on Law No. 32 of 2009 concerning Environmental Protection and Management and to identify the obstacles to its implementation in the context of environmental law enforcement in Indonesia. The writing method uses a juridical-normative approach to the study of laws and regulations and a qualitative approach through case studies of environmental court decisions and interviews with law enforcement officers. The analysis and discussion focus on the form of criminal sanctions (imprisonment and fines), the principle of ultimum remedium, the still limited deterrent effect, as well as technical obstacles to proof, coordination between agencies, and low public awareness and participation. Based on these findings, the conclusion states that although the legal framework for environmental criminal sanctions is comprehensive, its effectiveness is still hampered by institutional and procedural aspects; therefore, recommendations are directed at strengthening the technical capacity of officers, harmonizing regulations, and increasing collaboration between agencies and public education so that criminal sanctions can function optimally as an instrument for preventing and eradicating environmental crimes.
The Contest of Judicial Rationality: An Examination of Judges' Considerations in PTUN Cases No. 21/G/2022/PTUN.GTO and 19/B/2023/PT.TUN.MDO Bahutala, Andris E.; Wantu, Fence M.; Ahmad, Ahmad
Damhil Law Journal Volume 5 Issue 1 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v1i1.2953

Abstract

This study examines the contestation of judicial rationality in the resolution of civil servant (ASN) disciplinary disputes at two levels of administrative court, namely the Gorontalo Administrative Court (PTUN Gorontalo) and the Manado Administrative Court (PT.TUN Manado), focusing on cases No. 21/G/2022/PTUN.GTO and No. 19/B/2023/PT.TUN.MDO. Using a juridical-normative approach and case analysis, the study highlights the fundamental differences in the reasoning of first-instance judges, who emphasize adherence to formal procedures and the protection of individual ASN rights, compared to the approach of appellate judges, who prioritize substantive justice, public utility, and proportionality of sanctions to maintain bureaucratic integrity. The findings indicate that judicial interpretation of administrative law is strongly influenced by the concrete context of the case, the judges' backgrounds, and their orientation towards justice, leading to disparities in decisions that result in legal uncertainty and inadequate protection for ASNs. The study concludes that standardizing judicial reasoning through technical guidelines that integrate procedural and substantive justice principles is necessary, alongside strengthening the training and mentoring of judges to ensure consistent, fair decisions that are focused on improving bureaucratic governance. Recommendations are made to promote the establishment of a national database of ASN disciplinary decisions, cross-agency collaboration, and regular regulatory evaluations to make the administrative justice system more accountable and responsive to individual rights and public interests.
Co-Authors Ahmad Ahmad Aswar, Asrul Fence M Wantu