Natural Resource Crime: Regulation, Legal Performance, and Environmental Justice Discourses
- AIOR Admin
- Mar 2
- 1 min read
Putri Fasyla Ananta, Nur Aripkah, Kalen Sanata, La Syarifuddin, Muhamad Muhdar
Universitas Mulawarman, Indonesia
Environmental justice is a fundamental element in responding to the impacts of exploitation of natural resources, especially on vulnerable groups. However, the norms in Law Number 32 of 2009 concerning Environmental Protection and Management still leave ambiguity, especially in the application of the principles of primum remedium and ultimum remedium, which have an impact on legal uncertainty and the potential for manipulation of justice through alternative resolution mechanisms. This study uses a conceptual approach and theory of justice to analyze the basis of social justice in criminal law enforcement against natural resource crimes. The analysis results indicate that regulatory weaknesses and inconsistent law implementation hinder the effectiveness of environmental protection. Achieving social justice is not only limited to structural issues but must also include ecological concepts in distributive justice. Therefore, a legal policy reconstruction that is more oriented on substantive justice and adopts a holistic approach is needed to ensure legal certainty.
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