Unwise Criminal Environmental Law Policies In Protecting Aceh’s Customary Forests From Destruction

In Indonesia, family law is well regulated in law or government regulations. In this case, with the increasingly complex family law issues supported by divorce rates, which reached 398,245 in 2015, then in 2017, it increased to 415,898, and with the development of science and technology, so many problems arise both in terms of muamalah or family law itself. For this reason, structuring is needed through legal reform that makes it follow what is needed by the wider community. Starting from this, this paper will discuss the arrangement of Islamic family law and the dynamics of family law reform in Indonesia. This study aims to provide an overview of the arrangement of Islamic families and Islamic family law reform in Indonesia. This paper uses qualitative research methods that are library researching. The data in this article was obtained from books, journals, articles, magazines related to the structure and dynamics of family law reforms in Indonesia. After the data is collected, the writer analyzes with data analysis techniques, namely data reduction, data presentation, and concluding. The results of the study show that the structure and dynamics of family law in Indonesia, when viewed in the context of Islamic law reform, reveal a unique and problematic portrait of reform. It is said so because Indonesia applies three legal systems, namely customary law, Islamic law, and Western law.

This chapter provides an overview of how environmentally harmful behaviour has become the subject of an intense debate about the pros and cons of criminalizing such behaviour. In general, criminalization of environmental harm generally is a relatively recent phenomenon not only at the EU level, but also in domestic law. Originally, the legal protection of the environment usually took place via administrative law, whereby criminal provisions were added at the end of specific legislation of an administrative nature. The goal of the criminalization in those cases was merely to back up administrative obligations (e.g. to obtain a permit). In the 1980s, an increasing awareness emerged especially in legal doctrine that this was not an appropriate way to protect the environment since environmental criminal law was in fact dependent upon administrative law and no direct or independent protection was accorded to the environment. In some national member states (Germany, the Netherlands, Spain and France) autonomous environmental crimes were created which were, moreover, in some cases incorporated into national penal codes in order to express the importance of environmental crime. This tendency could also be found in a convention of the Council of Europe of 1990 on the protection of the environment through criminal law which, however, never entered into force. Through this convention serious infringements against the environment were directly criminalized. Moreover, an initiative was taken at the EU level to harmonize environmental criminal law. Originally, the justification for this harmonization was (like in the case of the Council of Europe) to provide a minimum level of environmental criminal law. However, at the EU level, a different justification for criminalization emerged: criminalization was rather seen as an important tool in the fight against the implementation deficit within member states. With that goal, the EU tried to force member states towards criminalization of national legislation implementing European environmental law. However, a problem arose since it was debated whether directives could impose such a duty towards criminalization. In a milestone decision of 13 September 2005, the (then) European Court of Justice decided that this is possible, although in a subsequent decision the ECJ equally decided that directives could not impose a specific type or size of penalties. As a result of the opening provided by the decision of 13 September 2005, Council Directive 2008/99 on environmental criminal law was promulgated, forcing member states to impose effective, dissuasive and proportional criminal penalties on the violation of national legislation implementing the European environmental acquis. Moreover, since the entry into force of the treaty on the functioning of the European Union (TFEU), also referred to as the Lisbon Treaty, the European institutions can even force member states to criminalize with a particular size and level of penalties.

The relationship between environmental public law and environmental private law is of a growing significance. Not only environmental criminal law has an effect on environmental private law, but, since the beginning of the new legal, economic and political era in 1989, private law elements are also to be found in the environmental administrative law. The reciprocity between environmental private and administrative law is clear-cut. Private law institutions, like injunction or deposit, are upheld in environmental administrative contracts. The effect of an administrative ruling has legal consequences in the relationship between, e.g., neighbors: there are cases in which a noisy neighbor can be brought before the public administration. The objective liability in the field of environmental private law is accepted by the courts and by the citizens. The level of objectivity may, though, vary from country to country. In the practice of the Hungarian environmental private law, after 3 years, the objective liability is subrogated by a subjective liability, this latter one making exculpation easier. The res ipsa loquitur liability in space law is not an absolute liability, though it establishes a praesumptio juris that the environmental damage caused by a space object (e.g. a satellite) is to be covered by the state which has sent the satellite into space. The presumption is, though not easily, rebuttable. In the Hungarian case law, objective environmental liability has been applied sub judice since the novella of the Civil Code in 1977. This novella made environmental private law a part of environmental law. The novella of the Civil Code was preceded by the Act on Environmental Protection of1976. The importance of economics in environmental private law has only recently been accepted by the Hungarian legal science. The role of the Coase theory is indisputable. The environmental private law is quite a new phenomenon in the Hungarian legal science, however, the institution of neighborhood damage has been present in the Hungarian case law since the 19th century. The case law added two systems of sanctioning to the disposition of the neighborhood norm in the Hungarian Civil Code: the indemnity and the protection of possession.

Environmental misconduct increasingly extends beyond national borders. However, because of the traditional international law of territoriality, few conventional laws and domestic laws criminalize international environmental misconduct effectively. Because this deficiency must be corrected, international conventions and bodies seek suitable ways of penal enforcement. Following a brief introduction, this Article examines some penal provisions in international environmental conventions. Section III sets forth the process of domestic penal legislation of conventions including the way of shaping environmental criminal law. Several different possibilities for punishing international environmental pollution are then discussed. At the domestic level models of and transnationalization of environmental criminal law are presented. Section IV will turn to some recent attempts to establish a supranational regulatory authority empowered to penalize core environmental crimes to protect the earth's shared global and preserve the ecosystem. Finally, some concluding remarks will be formulated together with ideas for the further development of international environmental criminal law. I. INTRODUCTION Transnational ecological connections and the new quality of global threats have led to great activity on the international stage. While the conventional law of the environment is replete with examples of penal provisions, the international community relies for their enforcement upon municipal rather than international institutions. Thus conventions aimed at protecting the global environment call upon state parties to enact legislation to penalize prescribed conduct. Also, agreements concerning pollution of the sea rely principally upon port, coastal or flag states for their enforcement. However, these conventions give the State wide discretion in domestic penal legislation. An environmental criminal law legally binding the citizens of all nations does not exist, nor is there an organization to which such a legislative competence could be granted. At present, the prosecution of environmental crimes which international environmental conventions have introduced is only possible before national courts. Therefore, the internationalization of environmental criminal law, including its standardization and transnationalization, assumes two central themes of this paper. This paper is structured as follows. After sketching some penal provisions in international environmental conventions (below II) a detailed harmonization in domestic penal legislation of conventions will be discussed (below III). The article then turns to some recent attempts to establish a supranational regulatory authority empowered to penalize core environmental crimes to protect the earth's shared global and preserve the ecosystem (below IV). Finally, some concluding remarks will be formulated together with ideas for the further development of international environmental criminal law (below V). II. PENAL PROVISIONS IN INTERNATIONAL ENVIRONMENTAL CONVENTIONS a. Reasons for Criminalizing Environmentally Harmful Conduct A principal reason for criminalizing environmentally harmful conduct in international environmental conventions in general is to deter conduct which is particularly harmful to the environment that is shared on the domestic and international levels. Because it is likely that the internationally shared environment will often be protected even less by private vigilance than its domestic counterpart, the argument for protection by penal sanctions would seem to be stronger than that applicable on the domestic level. Furthermore, some elements of the internationally shared environment -- such as flora and fauna or a life support system for the whole planet(1) may be entirely and forever extinguished because of the commons effect. That effect may be more pronounced when the in question overlaps jurisdictions or is beyond the limits of national jurisdiction. …

<bold>The Concept of “Administrative Dependence” of Environmental Criminal Law – Foundations and Transformations</bold> German environmental law is primarily a matter of administrative regulation. However, there is also a supplementary role for criminal sanctions. The key strategy of the German federal legislature to coordinate these two dimensions of environmental law is the concept of “administrative dependence” of environmental criminal law. Thus, criminal sanctions are attached to environmental pollution under violation of environmental regulations or without a governmental permission. In 1980, the concept of “administrative dependence” informed the codification of environmental criminal law as part of the Federal Criminal Code (<italic>Strafgesetzbuch, §§ 324–330d</italic>). The article explores the development of German environmental criminal law under the concept of “administrative dependence” over the course of almost four decades from 1980 to the present. Key findings include a sharp rise in the numbers of relevant cases in German courts in the 1980s and 1990s and a constant decline since then, the confirmation of most aspects of the legal technique in the jurisprudence of the Federal Constitutional Court (<italic>Bundesverfassungsgericht</italic>), the emergence of “administrative dependence” of criminal law as a key principle of EU environmental law, a gradual softening in the legislative and doctrinal approaches and the consolidation of the concept of “administrative dependence” of environmental criminal law in light of various strains of criticism.

Is there an environmental criminal law? Environmental law is emerging as a new, third-generation, collective, peripheral, predominantly public, fundamental, preventive rather than repressive, global, universal and inalienable right, a right of interrelation, the object of which is essentially natural, changing and interdisciplinary. In turn, environmental criminal law could be defined as &#8220;the set of legal norms with criminal content aimed at protecting the environment in which man lives and is in contact&#8221;.

The spirit of agrarian law reform in Indonesia has been proposed since 2001, but to date it has not been realized. On the one hand, the existence of adat law as the basis for the formation of national agrarian law as stated in the UUPA needs to be questioned again, whether it actually uses adat law as its raw material, or whether it still uses colonial law. The discussion in this article aims to contribute ideas related to the reform of agrarian law in Indonesia which is based on customary law regarding land. The direction of this reform is based more on the views of adat law expert, Mohammad Koesnoe. The type of research in this article is legal research using a conceptual approach and also a statute approach, and analyzed using historical, systematic and grammatical interpretation methods. The research results show that customary law is still relevant to use as a basis for legal reform in Indonesia while still referring to the rechtsidee of the Indonesian nation as stated in Pancasila. Therefore, agrarian reform in Indonesia should refer to the original law of the Indonesian people, namely adat law.Keywords: Adat Land Law; Agrarian Law Reform; Soil Epistemology.

Customary law reform in Indonesia in the context of globalization raises significant challenges and opportunities. The values of Pancasila, as the ideological foundation of the nation, play an important role in ensuring that customary law reform remains relevant, fair and rooted in local culture. Globalization encourages the modernization and homogenization of the legal system, which often contradicts the principles of customary law based on local wisdom. This article examines how Pancasila values, such as humanity, social justice, unity, and deliberation, can be integrated in the process of customary law reform to remain relevant amid global dynamics. This research uses a qualitative approach with the methods of literature study, interviews, and document analysis. Literature study was conducted to understand the theoretical context of customary law reform and Pancasila values, while interviews were conducted with legal experts, academics, and traditional leaders to obtain empirical perspectives on challenges and opportunities in customary law reform. Document analysis was conducted on policies and regulations relating to customary law and the implementation of Pancasila values in Indonesia. The results show that customary law reform based on Pancasila has great potential to deliver a legal system that is more inclusive and responsive to the needs of local communities. Key challenges identified include difficulties in harmonizing customary law with national and international law and homogenizing pressures from global standards. However, opportunities are also found in the ability of updated customary law to provide more culturally and locally relevant dispute resolution alternatives. The integration of Pancasila values is believed to strengthen the position of customary law within national and global legal frameworks.ract

This study examines the urgency of environmental criminal law reform in Indonesia in ensnaring corporations as the main perpetrators of ecological crimes, especially through a case study of tin mining involving Harvey Moeis. Although Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law) regulates the criminalization of business entities, its implementation is still limited to an individualistic approach that is difficult to reach corporate accountability structurally. The inconsistency of the PPLH Law with Law Number 40 of 2007 concerning Limited Liability Companies (PT Law) weakens the effectiveness of law enforcement, because the provisions of social and environmental responsibility in the PT Law are administrative without adequate criminal threats. The dominant vicarious liability approach still fails to accommodate the principles of strict liability and corporate mens rea, so corporations often escape serious criminal sanctions. The research uses a normative qualitative approach with the analysis of primary and secondary legal materials to understand legal constraints and prepare reform recommendations. The results affirm the need for harmonization across laws, strengthening corporate collective accountability, and applying progressive principles in penalties. These reforms are essential to realize effective ecological justice and corporate accountability for environmental crimes in a systemic and sustainable manner.

Criminal law enforcement in cracking down on the provisions of environmental protection and environmental protection law (Law No. 32 of 2009) is not the only means of enforcing environmental law. In addition to criminal sanctions stipulated in Law no. 32 of 2009 on UUPPLH there are still other sanctions for individuals and corporations that violate the provisions in the protection and management of the environment. The principle of ultimum remedium is the principle of criminal law, in which criminal punishment or punishment is an alternative or last resort in law enforcement including law enforcement in the field of living environment, while primum remedium is the opposite of ultimum remedium where criminal law enforcement through criminal sanction in the form of imposition of suffering against a person As well as corporations are preferred in law enforcement including enforcement of environmental law. Law No. 32 of 2009 on Environmental Protection and Management in enforcing its criminal provisions emphasizes the application of premature remedium principles in enforcing environmental criminal law.

Environmental criminal law has gone through a spectacular evolution in Europe in the past 30 years. One change concerns simply the place of environmental criminal law. In many countries provisions have now been incorporated either in a penal code or in a specific environmental statute. Moreover, in many legal systems the environment has received a more autonomous protection in the criminal law system. And finally, one can notice in many countries the introduction of a so‐called toolbox approach, implying that a variety of remedies have been put in place, thus reserving the criminal law as an ultima ratio. Yet another important development relates to the fact that Europe also has taken action with respect to environmental criminal law with the Environmental Crime Directive of 2008. It is, however, striking that some of the aforementioned developments in Member States are not reflected in the Directive. Moreover, the enforcement of environmental law faces many more challenges which cannot be faced merely with a criminalization. There is a serious danger that this only leads to symbolic legislation whereby violations of environmental law are criminalized, without any guarantee of effective enforcement. There are therefore still important challenges to be met with respect to the system of environmental criminal law in Europe.

Greenwashing, a deceptive practice wherein corporations falsely present their products, services, or policies as environmentally friendly, has emerged as a serious threat to environmental protection and consumer trust in the era of sustainable development. This paper argues that greenwashing should be recognised not merely as an ethical or regulatory violation but as a criminal offence within the framework of environmental criminal law. Through a normative-juridical approach combined with a comparative analysis of legal frameworks in various jurisdictions, this study explores the limitations of current civil and administrative sanctions in deterring greenwashing practices. The analysis reveals that the absence of criminal liability has allowed corporations to manipulate sustainability narratives without facing substantial legal consequences. By examining the socio-legal harms of greenwashing, including environmental degradation, market distortion, and erosion of public confidence, this paper advocates for a paradigm shift in environmental law enforcement. It proposes the integration of greenwashing as a distinct criminal act under environmental law, emphasising principles such as strict liability, corporate criminal responsibility, and the need for restorative justice mechanisms. The study concludes with policy recommendations for legal reform that align with the principles of ecological justice and sustainable governance, reinforcing the urgency to criminalise greenwashing as part of a broader effort to protect both the environment and the rights of consumers.

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.

The article intends to analyse the pluses and minuses of traditional environmental criminal law’s dependence on administrative law. The two possible forms of integration between criminal and administrative law, i.e., the so-called ‘purely accessory’ and ‘partially accessory’ models, are evaluated from a comparative perspective, while also considering the European Directive 2008/99/European Community (EC) on the protection of the environment through criminal law, and the new proposal for a Directive, replacing the previous one, put forward by the European Commission in December 2021. Followed by a reflection on the different model of environmental criminal law, autonomous from administrative law (also called the ‘purely criminal’ model: a model that should be associated with the purely accessory one and the partially accessory one). models of the environmental criminal law, eco-crimes, environmental criminal law’s dependence on administrative law, purely accessory model, autonomy of environmental criminal law from administrative law, European Directive 2008/99/EC on environmental crimes, European Commission proposal (2021) for a new ‘Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC’

This research discusses family law reform in Indonesia in relation to the Law No. 16 of 2019 concerning the minimum age for child marriage. The study has been conducted using Maqashid al-syariah perspective in order to analyze first, the formulation of family law reform in Indonesia related to No. 16 of 2019, and second, the perspective of maqasid al-syariah in the law. The primary resource in this library research was Law No. 16 of 2019, and Marriage Law No. 1 of 1974. The results of the study found that family law reform regarding the age limit for marriage in Indonesia began with the existence of the judicial review process to the Constitutional Court regarding Law No.1 of 1974, more specifically Article 7 paragraph (1) which was perceived as contradictory to the 1945 Constitution Article 27 paragraph (1). This paper also proved that the determination of the age limit for marriage in Law No. 16 of 2019 is in accordance with the purpose of marriage and the objectives of sharia in general. In a nutshell, it can be concluded that there has been a reform of family law in Indonesia which can be seen from the aspect of the law regarding the age limit for marriage from nine years in the fiqh literature version to nineteen years in the version of Law No. 16 of 2019. In addition, Law no. 16 of 2019 also equates the minimum age for marriage between boys and girls, which is nineteen years, although classical fiqh literature distinguishes it.