Legal Spirit (Nov 2024)
Keadilan Hijau: Tantangan dan Prospek dalam Penerapan Hukum Pidana Lingkungan
Abstract
The application of environmental criminal law has become a major focus in efforts to uphold green justice in the contemporary era. Challenges in the application of environmental criminal law involve widespread dynamics, encompassing a complexity of legal, sociological, and ecological aspects. Ecological Law Theory as a theoretical paradigm that dominates environmental law studies, highlights the central role of criminal law in maintaining ecological integrity and creating green justice. Therefore, this article aims to examine the concrete challenges faced in the implementation of environmental criminal law, considering the existing legal framework, the availability of resources, and the various social factors that influence the implementation of the law. In addition, this article also explores law enforcement and environmental restoration in relation to the realization of the right to the environment. This research adopts a normative juridical methodological approach that involves several analytical techniques, including comparative, conceptual, and statutory approaches. The main source of information used in this research is secondary data. By discussing these issues, this article is expected to provide readers with in-depth insight into the complexity and urgency of upholding green justice through the application of environmental criminal law.
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