Environmental Law Research Articles

Environmental crimes not only damage ecosystems but also violate human rights (HAM), especially the right to a healthy environment. This article highlights how criminal law can be a tool for protecting human rights in the context of the climate crisis. Using a normative legal approach and case studies, this article discusses the effectiveness of criminal law in protecting the rights of communities, including indigenous peoples and future generations, from the impacts of environmental crimes. It is found that even though environmental criminal law is available, human rights protection through this mechanism is still weak due to an approach that emphasizes ecological losses rather than aspects of individual and collective rights. An approach is needed that places environmental rights as part of fundamental human rights. The policy of formulating criminal law in Indonesia to protect victims of environmental crimes in the future is to improve criminal sanctions and add sanctions such as restitution and compensation as part of the main crime. This is important to provide better protection to victims, especially in cases of environmental crimes by corporations. The addition of restitution and compensation sanctions is also regulated in environmental law, including the mechanisms and amounts of compensation. This concept must be regulated in implementing regulations to avoid uncertainty and harm to victims in implementation in the field.

The development of artificial intelligence (AI) technology has brought extraordinary benefits to various sectors of human life. However, behind its potential, AI also carries serious risks to digital security and the environment. Misuse of AI, including manipulation of emission data, the spread of environmental disinformation, and the use of autonomous AI to hide illegal industrial activities, creates new challenges for criminal law and environmental law. This study uses a normative and conceptual legal approach to examine forms of the misuse of AI and their implications for the global environmental law system. The results show that Indonesia does not yet have adequate regulations. Therefore, it is necessary to establish a new legal framework that is interdisciplinary, responsive to technological developments, and pays attention to the precautionary principle in international environmental law.

This study aims to analyze the relationship between decentralization and the ineffectiveness of environmental law enforcement in the case of Citarum River pollution. Although a national legal framework exists, implementation at the local level reveals weak institutional capacity, poor inter-agency coordination, and low accountability of local governments. This research employs a qualitative approach using a case study method in the Citarum River Basin. The findings indicate that decentralization has not fully strengthened environmental law enforcement due to weak political will, the dominance of economic interests, and limited public participation. The study recommends strengthening local governance through policy reform, institutional capacity building, and greater public involvement in environmental oversight.

This paper considers the WTO Agreement on Fisheries Subsidies as an important step in the crossing of sustainable trade and ocean governance. The analysis is made of the legal, economic, and environmental impacts of the agreement in terms of its provision in reducing destructive subsidies causing overfishing and depletion of marine life. Utilizing doctrinal analysis of the terms of the agreement and review of applicable WTO principles found in international environmental law, this paper answers the question of whether the agreement is an opportunity to harmonize trade regulation with wider sustainability goals, including SDG 14. The study also imagines the logistical difficulties of implementation and enforcement, especially for developing and least developed countries, with admitting the capacity shortcomings and compliance problems inherent to this obligation. From the analysis, this study finds that despite the agreement’s unprecedented change towards trade governance through its binding provisions on the environment, the actualized outcome will lie in domestic implementation multiplicity, ventured negotiations of the remaining categories of subsidies, and cooperative mechanisms for the provision of technical assistance. The study concludes that the WTO Agreement on Fisheries Subsidies is also a first step to address the conflicting policies of trade liberalization and marine conservation and resource distribution.

Nickel mining in Raja Ampat, Southwest Papua, Indonesia, has attracted national and international attention due to its threats to biodiversity, indigenous peoples’ rights, and vulnerable ecosystems. This paper normatively analyzes the role of environmental law within the Sustainable Development Goals (SDGs) framework to examine the legal complexities of nickel mining activities in Raja Ampat. Using legislative, conceptual, and comparative approaches, this study examines Indonesian environmental and mining laws, local regulations, and global commitments under the SDGs. The findings show that although Indonesia has a comprehensive legal framework (Law No. 32/2009 on Environmental Protection and Management and Law No. 3/2020 on Mineral and Coal Mining), there are significant normative gaps in implementation, harmonization, and enforcement, particularly regarding the protection of indigenous peoples and unique ecosystems such as Raja Ampat. The urgency of legal reform and strengthening legal recognition is very important so that economic development through mining does not sacrifice Indonesia’s commitment to the SDGs, especially Goals 13 (Addressing Climate Change), 14 (Marine Ecosystems), and 15 (Terrestrial Ecosystems). This paper recommends harmonization of national and regional laws, strengthening of indigenous peoples’ rights, and integration of environmental protection to realize truly sustainable resource management in Raja Ampat.

In optimizing the role of government in enforcing environmental law, seen from the perspective of State Administrative Law, requires comprehensive efforts. The main challenges include limited resources, lack of coordination between institutions, and inconsistent policy implementation. Solutions include increasing environmental awareness, strengthening social supervision, and utilizing information technology to support environmental law enforcement. This study aims to explain that the government needs to have a competent and independent supervisory unit to oversee the implementation of environmental regulations. This supervision can be done through routine inspections, online monitoring, and receiving reports from the public. The research used a descriptive normative method with primary and secondary data sources. The ultimate goal is for the role of government and society to play an important role in enforcing environmental law. Community participation can be in the form of social supervision, reporting violations, and support for law enforcement efforts. The government needs to increase public awareness of the importance of environmental protection and the importance of compliance with environmental laws. This socialization can be done through various media, including social media, as well as schools and community activities.

This study discusses the problem of environmental law violations caused by illegal exploitation of fossil energy resources, which is still a major challenge in Indonesia. One potential alternative approach is the development of new renewable energy from the nyamplung plant (Calophyllum inophyllum), which naturally grows on marginal and coastal lands. This study aims to answer three main problem formulations: (1) Why is nyamplung fruit worthy of being used as a substitute for fossil fuels? (2) How is nyamplung relevant in reducing environmental law violations? (3) How to examine and facilitate the phenomenon of nyamplung growth as an innovative solution in the context of environmental law? The objectives of this study are to evaluate the efficiency of biodiesel production from nyamplung, examine its contribution to the environmental law system, and propose community-based intervention policies. The method used is library research and descriptive-qualitative analysis with an ecological legal approach. Data were obtained from international journals, national policies such as Law No. 32 of 2009 and Presidential Regulation No. 22 of 2017, and reports on research results on transesterification-based biodiesel technology using heterogeneous catalysts. The results show that nyamplung oil has a high oil content (65–75%) and can be processed into high-quality biodiesel that meets ASTM D6751 and EN 14214 standards. The production process that utilizes modern technology, such as microwave heating, can produce conversion efficiency of up to 98–99%. The use of nyamplung in the community has also been proven to be able to suppress environmental law violations by providing legal and sustainable energy pathways. The conclusion of this study is that nyamplung is a strategic alternative to replace fossil fuels that is not only superior in terms of technical and environmental aspects, but also has a strong driving force in enforcing environmental law based on ecological justice. Therefore, synergy is needed between the state, local communities, and the private sector in strengthening local plant-based energy policies such as nyamplung.

This study aims to comprehensively analyze the urgency and integration model of Pancasila values in the concept of green constitution and environmental law in order to realize a sustainable and just green economy in Indonesia. In the midst of a global and national environmental crisis that threatens sustainable development and human values, a firm legal foundation is needed and rooted in the nation’s philosophy. The research method used is normative juridical with a special emphasis on philosophical analysis to explore the relevance of Pancasila values, supported by legislative and conceptual approaches. The results of the analysis show that the 1945 Constitution, especially Article 28H paragraph (1) and Article 33 paragraph (3) & (4), has the potential as a green constitution with the spirit of Pancasila, which mandates environmental protection and natural resource management for the greatest possible prosperity of the people in a sustainable and environmentally friendly manner. The implementation of the principles of sustainability in Law No. 32 of 2009 concerning Environmental Protection and Management (PPLH Law) and other sectoral regulations needs to be strengthened and harmonized to overcome the potential for disharmony with regulations that are still exploitatively oriented. Furthermore, environmental law based on the green constitution and Pancasila values plays a central role in ensuring that the realization of the green economy runs in line with the principles of environmental justice, including distributive justice, procedural, and intergenerational and intragenerational justice. This study concludes that the internalization of Pancasila values—godliness, humanity, unity, peoplehood, and social justice—in every aspect of environmental law and policy is a prerequisite for achieving green development that is not only ecologically and economically effective, but also just, inclusive, and reflects the identity of the Indonesian nation.

Climate change significantly affects biodiversity worldwide, demanding the development of an adaptive and effective environmental legal framework. This study employs a bibliometric approach to map the development of research on integrating environmental law into biodiversity management, with a focus on ecosystem-based adaptation and mitigation strategies. A literature analysis of the Scopus database from 2010 to 2025 identifies research trends, key actors, collaboration networks, and emerging issues. The results show a significant increase in attention to climate adaptation laws and ecosystem-based mitigation in the context of biodiversity conservation, including the development of sampling trees to improve the quality of the environment. This study reveals research gaps related to implementing adaptive law at the national and regional levels and the need to harmonize regulations across sectors. These findings make an essential contribution to developing environmental law policies that are responsive to the challenges of climate change and the sustainable preservation of biodiversity, as well as nyamplung trees that can be designed to improve the welfare of the people, and these bangs.

The enforcement of criminal law in Indonesia’s environmental and plantation sectors often fails to uphold the principle of substantive justice. Despite existing legal frameworks that regulate environmental protection and community rights, implementation faces significant challenges, such as weak sanctions for corporate offenders, conflicts of interest, and injustices toward indigenous communities. This paper analyzes the application of substantive justice in environmental criminal law enforcement through a normative and sociological legal approach, supported by case studies such as forest fires and indigenous land encroachment. The findings emphasize the need for regulatory reform, institutional strengthening, recognition of indigenous rights, and active participation of civil society in legal oversight. Policy recommendations include legal harmonization, restorative-based sanctions, and preventive approaches to achieve sustainable ecological justice.

Environmental law currently faces 3 challenges of the climate crisis that occurs globally which have an impact on climate change, pollution, and biodiversity loss. Environmental changes certainly have an impact on the sustainability of the life of a population of living beings, so a breakthrough is needed, one of which is from the law through a certain policy. The current law seems to be a tool to be used in perpetuating the crisis through the excessive exploitation of natural resources. This research aims to examine breakthroughs in rethinking the function of law. Legal regime that will be formed both at the national and international levels in dealing with environmental crises. This research uses normative legal research with a cognitive approach, where the research approach starts from the views and doctrines that develop in legal science. Understanding these views and doctrines is a basis for researchers to build a legal argument in solving the issues at hand. This research also uses a legislative approach that is carried out by examining all laws and regulations related to the legal issues being handled. The result of this research is the concept of sustainability in environmental issues that must be encouraged more progressively by making rules about the environment. The practice of customary law communities that recognize ecological integrity can be further improved not only at the national level but also at the global level.

The convergence of environmental law and human rights is based on the understanding that a healthy environment is a fundamental prerequisite for the fulfillment of human rights. This research aims to analyze the extent to which the convergence of environmental law and human rights can realize inclusive justice and how inclusive justice can support community empowerment. This study uses an analytical descriptive research method by collecting data and analyzing the relationship between environmental law and human rights to realize inclusive development through community empowerment programs. This research uses a legislative approach and a comparison of environmental law and human rights with the aim of achieving inclusive justice for all Indonesian people. The result of this research is that to realize equitable inclusive development, the participation of the government and the community is needed for community empowerment through the improvement of the green economy, health insurance, and education. The author hopes that the results of this research can contribute to the sustainable development of an inclusive development perspective through community empowerment programs.

The principle of legality in the context of the environment emphasizes that no environmental crime can be punished if it is not regulated in the applicable laws and regulations. This principle provides legal certainty for perpetrators of environmental crimes and provides clear boundaries regarding actions that are permitted and prohibited. The criminal provisions in Law No. 32 of 2009 explicitly regulate and limit an act that is categorized as an environmental crime. These provisions are the implementation of the principle of legality that is applied strictly. Law enforcement is necessary to create order in society. According to Mertokusumo, law enforcement means how the law must be implemented so that in enforcing the law, the elements of legal certainty, benefit, and justice must be considered. Criminal environmental law enforcement is based on the principle of legality, both in material and formal aspects. Criminal environmental law enforcement activities are only valid if the material substance is based on environmental articles, most of which are scattered outside the Criminal Code, and enforcement activities are carried out in accordance with Law No. 8 of 1981 concerning Criminal Procedure Law and guided by the Decree of the Minister of Justice of the Republic of Indonesia No. M.01.PW.07.03 of 1982 concerning Guidelines for the Implementation of the Criminal Procedure Code. This scientific research used the normative legal research method based on written regulations and other literature that examines aspects of theory, structure, and legal explanations related to this research. It adopted a statutory approach and data were collected using a literature study. Criminal provisions in Law No. 32 of 2009 explicitly regulate and limit an act that is categorized as an environmental crime. These provisions are the implementation of the principle of legality that is strictly applied. Outside of these provisions, it is not a crime. Although the impacts caused can damage, pollute, or cause harm to the environment. This condition is very susceptible to being misinterpreted and becomes a legal loophole for perpetrators to avoid the criminal law enforcement process. Therefore, it is necessary to know the essence of the principle of legality in Indonesian criminal law and its application to the enforcement of environmental criminal law.

This study aims to analyze the interconnection between climate crisis, human rights, and the future of the environment within the framework of international and national law. The climate crisis is not only an environmental issue but also a serious threat to the fulfillment of human rights, such as the right to life, health, and a healthy environment. This research employs a normative juridical method to examine how international and national laws regulate these interconnections and to identify structural weaknesses in the legal system that hinder the enforcement of climate justice. The results indicate that a more adaptive and responsive legal framework is needed to address the climate crisis and human rights protection. This legal framework must be capable of integrating human rights principles into climate policies, ensuring accountability for human rights violations caused by climate change, and promoting public participation in climate-related decision making. The study recommends the harmonization of environmental and human rights laws, as well as strengthening law enforcement mechanisms to achieve sustainable development and climate justice.

Climate change is one of the greatest challenges facing humanity in the 21st century, with far-reaching impacts on the environment, economy, and social well-being around the world. The research method used in this paper is normative legal research, also known as doctrinal legal research. International law has a key role in developing a global framework to address this issue through various legal instruments and multilateral agreements, such as the Kyoto Protocol and the Paris Agreement. Responding to environmental crimes is largely the responsibility of government law enforcement and regulatory authorities, whether at the national, subnational, or municipal level. The main agents in environmental law enforcement in most parts of the world are police forces, customs and border protection agencies and environmental regulatory agencies. These organizations can create both opportunities and challenges. The effects of climate change, are beginning to impinge on the developed world. Europe has been experiencing increasing drought and fires in the Mediterranean region and up into Central Europe, while the Northern countries are experiencing increasing flooding. With the evident need for adaptation measures being increasingly realized in the developed world, international pressure focusing on global adaptation strategies might be starting. Without such international pressure and funds, majority of the less developed countries including those in the MENA region, will not be able to develop and implement comprehensive adaptation strategies. As the climate status of the region is expected to worsen, governments should shift their focus to enhancing their adaptative capacity if they want to see changes in climate vulnerability. A solution to increase capacity involves international support of community-level education and voice in national climate policy, international pressure, and more funding for adaptative infrastructure. If the international community and Middle Eastern countries adopt these strategies, the result might be more climate resilience in this uniquely vulnerable region.

Climate change has become a global challenge that not only threatens environmental sustainability but also poses a profound impact on human rights, especially for vulnerable communities. This manuscript presents a systematic review of the current literature examining the integration of environmental justice and human rights in the context of climate law. The primary focus of this study is to identify how legal instruments can protect vulnerable populations from the negative impacts of climate change, with the principles of equality and justice. The results of the study indicate that significant developments have been made in integrating environmental law and human rights aspects. However, there is still a gap in practical implementation. The study provides strategic recommendations to strengthen an inclusive and equitable climate law framework. These findings are important for policymakers, academics, and legal practitioners in formulating adaptive and mitigating solutions to the climate crisis.

This article examines the rise of rights-based climate change litigation as a transformative legal strategy across diverse jurisdictions. It introduces a threefold typology—human rights-based, rights of nature-based, and indigenous or hybrid claims—and analyzes how each approach draws on constitutional, international, and customary legal sources. Through comparative analysis of landmark cases from the Netherlands, Colombia, Ecuador, the United States, the Philippines, and regional courts, the study demonstrates how courts are recognizing new rights-holders, expanding doctrines such as proportionality, the precautionary principle, and intergenerational equity. This study has comparatively examined how rights-based strategies are deployed across jurisdictions, classifying them into three primary forms: human rights-based, rights of nature-based, and Indigenous or hybrid claims. Each approach brings distinct legal arguments, normative strengths, and practical challenges. Human rights-based litigation is bolstered by established legal doctrines and judicial familiarity but often struggles with causation and procedural thresholds. Rights of nature litigation offers a paradigm shift toward ecological justice but requires supportive constitutional frameworks and enforcement mechanisms. Indigenous and hybrid claims deepen legal pluralism and cultural legitimacy, yet often face systemic barriers to recognition and implementation. The article argues that rights-based litigation is not only reshaping climate governance but also redefining legal subjectivity and state accountability. It contributes to the development of transnational environmental law by offering an integrated framework for evaluating the legal coherence, strategic potential, and normative implications of rights-based climate claims.

The presentation starts with the idea that there is something going on with environmental principles and environmental legal reasoning, also in relation to the more general discussion about the importance of legal principles in law. These analyses of legislative principles established that though the Convention on Biological Diversity (CBD) has the potential to be applied successfully to preserve the world’s natural resources, its comprehensiveness waters down its obligations and complicates its implementation. Specifically, for instance, its requirements for in-situ conservation of resources are impeded by a lack of sufficient demarcation of the world’s protected areas. Again, its provisions recognize, but do not give clear-cut provisions on how, as part of biodiversity preservation, to protect indigenous traditions and traditional agriculture from the uncontrolled spread of LMOs. Finally, the discussion points out that the financial, technical, and institutional resources needed to carry out CBD obligations pose great challenges to States like Mexico that do not command good reserves of these resources.

The increasing liberalization of international trade, particularly under the framework of the World Trade Organization (WTO), has raised significant tensions between economic expansion and environmental preservation. While WTO rules promote market access and reduce trade barriers. This is while biodiversity protection often requires restrictive measures which may appear to conflict with free trade principles. This tension is especially complex in the context of the Organization of Islamic Cooperation (OIC) countries, where legal systems are influenced by both international obligations and Islamic principles of environmental stewardship. This study explores the challenges and prospects of harmonizing WTO trade norms with biodiversity conservation frameworks within selected OIC member states, including Pakistan, Indonesia, Malaysia, Turkey, and Saudi Arabia. Using a qualitative legal comparative methodology, the research analyzes WTO agreements (such as GATT, TBT, and SPS), biodiversity-related international treaties (e.g., CBD, CITES), and domestic environmental laws in OIC countries. The findings reveal a lack of integrated policy frameworks, limited environmental clauses in trade agreements, and the underutilization of Islamic legal principles in shaping sustainable trade policy. This study argues for the development of a harmonized legal approach that integrates biodiversity protection into trade law through institutional reforms, regional cooperation, and the inclusion of Islamic environmental ethics. Such harmonization is essential not only for sustainable development but also for enhancing the legal coherence and international credibility of OIC member states in addressing global environmental challenges.

Climate change is a global challenge caused by human activities and has a broad impact on social, economic, and ecosystem life. In Indonesia, the increasing frequency of natural disasters is clear evidence of the impact of climate change that needs to be responded to immediately through adaptive and equitable legal policies. This research aims to analyze the implementation of environmental law in supporting climate adaptation and achieving the Net Zero Emission (NZE) target. The method used is a qualitative approach through literature study and regulatory analysis. The results show that although Indonesia has a relatively comprehensive legal framework, such as Law No. 32/2009 and its implementing regulations, implementation still faces various structural challenges, including weak law enforcement, overlapping authorities, limited low-carbon technology, and low public participation. In addition, policies such as carbon tax and carbon trading have not run optimally due to weak coordination and resistance from industry players. Therefore, an integrative strategy is needed through strengthening institutional capacity, green economy incentives, increasing environmental literacy, and developing domestic technology. Consistent, participatory, and justice-based law enforcement is the main foundation for Indonesia’s transition to sustainable development and climate resilience.