Veritas et Justitia
Vol. 10 No. 2 (2024): Veritas et Justitia

KEBIJAKAN FORMULATIF TINDAK PIDANA DI BIDANG PERLINDUNGAN MANGROVE BERBASIS KONSERVASI EKOSISTEM PESISIR

Elvany, Ayu Izza (Unknown)



Article Info

Publish Date
29 Dec 2024

Abstract

Indonesia boasts extensive mangrove forests spanning over three million hectares, yet these are steadily declining due to harmful activities such as deforestation and land degradation. As a shoreside ecosystem, mangroves in seaside zones are also threatened by destructive management practices in coastal areas and on islands. This research analyzes Indonesia’s current criminal (formulative) policy regarding offences against mangrove conservation as part of offshore ecosystems and proposes a sustainable, approach-based formulative policy to promote mangrove sustainability in Indonesia’s coastal zones. This is doctrinal legal research, wherein the proposed legal issues are analyzed using both statutory and conceptual approaches. The findings indicate that the formulative policy regarding offences against mangrove conservation, specifically Article 73 paragraph (1) letter b and paragraph (2) of Law Number 1 of 2014 concerning Amendments to Law Number 27 of 2007 on Management of Coastal Areas and Small Islands, does not align with the sustainability principle that underpins coastal ecosystem conservation, including mangroves. The study highlights the need to amend the policy by explicitly incorporating corporate criminal liability and reconstructing the sentencing framework based on restorative justice and deterrence theory. These changes aim to strengthen criminal law as a last resort (‘ultimum remedium’) for protecting mangrove sustainability and conserving coastal ecosystems.  

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Journal Info

Abbrev

veritas

Publisher

Subject

Education Law, Crime, Criminology & Criminal Justice

Description

Veritas et Justitia is a law journal, managed and published under the auspices of the Faculty of Law, Universitas Katolik Parahyangan/Parahyangan Catholic University (UNPAR). The first edition was published in June 2015 and was meant to replace “Pro Justitia”, a law journal which ended its ...