Journal of Tourism Economics and Policy
Vol. 5 No. 2 (2025): Journal of Tourism Economics and Policy (April - June 2025)

Criminal Law Policy on Environmental Crimes in Climate Change Issue

SANCAYA, Wayan Werasmana (Unknown)
SAPUTRA, Komang Adi Kurniawan (Unknown)



Article Info

Publish Date
30 Apr 2025

Abstract

Climate change caused by human activities such as deforestation and pollution is a serious global issue. In Indonesia, despite the existence of the Environmental Protection and Management Law, the enforcement of environmental criminal law is still weak due to light sanctions, overlapping regulations, and corruption. This study assesses the effectiveness of environmental criminal policy in Bali related to climate change through an analysis of Regional Regulation No. 5/2011 and empirical data from interviews and court decisions. The results show that the environmental criminal law framework has not explicitly criminalized activities that cause climate change, such as carbon emissions from land conversion, and existing sanctions are not commensurate with ecological losses. Empirically, only 20% of environmental cases result in imprisonment, while 80% are resolved administratively. The main obstacles include economic pressure from the tourism industry, limited capacity of the apparatus, and conflicts between national and customary laws. This study recommends revision of regulations to include aspects of climate change, the establishment of a Special Environmental Court, and the integration of customary sanctions. These findings contribute to the green criminology literature and offer a Balinese Eco-Legal Framework model to balance tourism development and environmental protection. Without strong policy intervention, Bali is at risk of losing its ecological carrying capacity.

Copyrights © 2025






Journal Info

Abbrev

jtep

Publisher

Subject

Economics, Econometrics & Finance Public Health Social Sciences

Description

The Journal of Tourism Economics and Policy is published biannually and published in March and November. JTEP also uses the LOCKSS system to ensure a secure and permanent archive for the journal. Concerned with the complex interactions between development and the environment, its purpose is to seek ...