Smart: Journal of Criminal Law Review and Analysis
Vol. 1 No. 2 (2026): Smart: Journal of Criminal Law Review and Analysis (SCrim)

Criminal Liability of Mining Corporations for Post-Mining Environmental Damage

Aji Wahyu Maarif (Sebelas Maret University)
Hartiwiningsih (Sebelas Maret University)
Sulistyanta (Sebelas Maret University)



Article Info

Publish Date
30 Jun 2026

Abstract

Mining activities frequently cause massive post-mining environmental degradation, yet criminal law enforcement remains trapped within weak administrative formalities. This research analyzes corporate criminal liability and the relevance of applying the lex specialis derogat legi generali principle between the Mineral and Coal Mining Law and the Environmental Protection and Management Law. Utilizing normative juridical methods with conceptual and statutory approaches, this study reveals that ambiguous jurisdictional boundaries are frequently exploited by corporations as an impunity shield to evade substantive environmental offenses. The findings assert that the urgency of integrating ecological investigations and applying the lex consumens derogat legi consumptae principle is necessary to supersede partial lex specialis doctrines. This legal paradigm transformation is crucial to ensure that criminal enforcement transcends mere administrative compliance, aiming to guarantee ecological justice, functional environmental restoration, and the sustainability of constitutional rights for future generations of impacted communities due to current systemic corporate crimes in Indonesia.

Copyrights © 2026






Journal Info

Abbrev

SCrim

Publisher

Subject

Description

Smart: Journal of Criminal Law Review and Analysis (SCrim) is a rigorous, peer-reviewed academic forum dedicated to the comprehensive examination of substantive and procedural criminal law, penal policy, and the broader intersections of criminal justice and contemporary society. Published ...