Publication Search

Corporate involvement in environmental crimes has emerged as an increasingly complex legal challenge in Indonesia, given its profound consequences for ecological sustainability and public welfare. This study examines the normative construction of corporate criminal liability within Indonesia's positive legal framework and identifies juridical obstacles undermining enforcement effectiveness. A normative legal research method was employed, incorporating statute, conceptual, and comparative approaches. Although legal instruments such as Law No. 32 of 2009, Supreme Court Regulation No. 13 of 2016, and Law No. 1 of 2023 provide a formal basis for corporate criminal accountability, their implementation is hindered by normative inconsistencies. Key obstacles include difficulties in proving corporate mens rea, limited institutional capacity, regulatory ambiguity, and absence of Piercing the Corporate Veil integration. These conditions create normative gaps perpetuating weak corporate accountability recurring environmental violations. This study recommends regulatory reformulation, harmonization of legal instruments, strengthened institutional capacity toward effective and equitable environmental justice.

The flash flood disaster that hit Indonesia, including the devastating disaster in three Sumatran provinces in November-December 2025 which resulted in more than 900 casualties and trillions of rupiah in losses, shows a strong correlation between environmental damage caused by corporate activities and increased disaster risk. The purpose of this study is to analyze corporate criminal liability for environmental damage resulting in flash flood disasters based on the Environmental Management Law (UU PPLH), examine the mechanism for proving corporate criminal liability, and evaluate the application of criminal sanctions against corporations that commit environmental damage resulting in flash flood disasters. The research method used is normative legal research with a descriptive analytical statute approach. Data collection techniques are carried out through library research and interviews with sources at the North Sumatra Provincial Environmental Service. The data obtained were analyzed qualitatively. The results of the study indicate that: First, corporate criminal liability for environmental damage resulting in flash floods has been comprehensively regulated in Articles 116 to 120 of the Environmental Management and Management Law, which recognizes corporations as subjects of criminal law and regulates the criteria for corporate crimes (committed by, for, or on behalf of a business entity), the responsible party (the business entity and/or the person giving the order/leader of the activity), a one-third aggravation of the sentence, and corporate representation in court, as reinforced by Supreme Court Regulation Number 13 of 2016. The conclusion of this study is that the Environmental Management and Management Law has provided a comprehensive legal framework for corporate criminal liability for environmental damage resulting in flash floods. However, the effectiveness of law enforcement still needs to be improved through accelerating the judicial process, strengthening the capacity of law enforcement, improving inter-agency coordination, and strengthening the decision execution mechanism.

Forestry crimes remain a serious and recurring problem that threatens forest sustainability in Lampung Province and causes long-term environmental damage. The use of repressive penal approaches alone has been considered ineffective, as such measures tend to focus on punishment after violations occur rather than preventing crimes in advance. Therefore, this study aims to analyze non-penal efforts in preventing forestry crimes and to identify factors that hinder their effective implementation. The research used a normative juridical approach supported by an empirical approach through literature studies and interviews. The results show that non-penal strategies, including guidance, counseling, community empowerment, and conservation partnership programs implemented by the Tahura Wan Abdul Rachman KPHK UPTD, have contributed to reducing forestry crimes. Nevertheless, several obstacles continue to limit their effectiveness, such as overlapping regulations, limited numbers of law enforcement officers and supporting infrastructure, challenging socio-economic conditions of communities living around forest areas, and low levels of legal awareness and legal culture among local populations.

This study examines the critical role of expert opinions from the Ministry of Energy and Mineral Resources (ESDM) during the investigation phase in uncovering gold mining without permit (PETI) crimes under Article 120 of the Indonesian Criminal Procedure Code (KUHAP) in West Kalimantan. The research employs a normative-empirical approach, analyzing legal provisions, government reports, and judicial practices to assess how ESDM experts contribute to establishing the material truth of PETI cases. Findings reveal that expert opinions are indispensable for verifying the absence of permits, assessing environmental damage, and quantifying state losses, thereby strengthening evidentiary frameworks for prosecutors and judges. However, challenges persist, including coordination gaps between law enforcement and ESDM, insufficient technical capacity among investigators, and potential threats to expert independence. The study concludes that optimizing the use of ESDM expertise is not merely procedural but strategic for effective, accountable, and just enforcement against PETI, which remains a significant threat to national resource sovereignty and environmental sustainability.

The ambiguity of the concept of state economic loss in Article 2 paragraph (1) and Article 3 of the Corruption Crime Law (Tipikor Law) has yet to be defined normatively or by an official institution with the authority to do so. This uncertainty has given rise to legal problems in law enforcement, especially after Constitutional Court Decision No. 25/PUU-XIV/2016, which changed the qualification of corruption offenses to material offenses, so that the proof of economic loss to the state must be actual loss. However, in practice, as in the Surya Darmadi corruption case, law enforcement officials still face difficulties in determining the measure and method of proving economic loss to the state in a lawful manner. The issues in this study are the basis for the judge's consideration of the element of economic loss to the state in the Central Jakarta District Court Decision No. 62/Pid.Sus-TPK/2022/PN.Jkt.Pst and the obstacles and constraints in proving the element of economic loss to the state in criminal acts of corruption.This study uses a normative legal method with a statute approach, a case approach, and a conceptual approach. The results of the study show that the first-level panel of judges assessed that environmental damage and the loss of potential state revenue due to the illegal conversion of forest areas were part of the actual economic loss to the state, while the Supreme Court emphasized the importance of limiting this element to actual loss in accordance with Constitutional Court Decision No. 25/PUU-XIV/2016. The obstacles and constraints in proving the element of state economic loss in corruption crimes stem from internal and external factors that are interrelated and affect the effectiveness of law enforcement.

Illegal wildlife capture and trade is a form of crime that has a serious impact on environmental sustainability. This practice not only disrupts the balance of the ecosystem but also threatens the sustainability of biodiversity, a vital asset for the nation and the world. Lampung Province is a strategic region for wildlife trafficking due to its proximity to inter-island distribution routes. This condition makes Lampung one of the provinces with the highest number of wildlife confiscations in Indonesia, thus requiring increased attention from various parties. This study aims to analyze the factors causing illegal wildlife capture and trade, while also identifying mitigation efforts. The research method used is a combination of normative and empirical juridical. Data were obtained through literature review and interviews with relevant agencies, then analyzed qualitatively using an interactive approach and legal interpretation. The results show that economic factors, socio-cultural factors, education levels, environmental conditions, and hobby-based activities are the main triggers for the rise in wildlife crime. Economic motives often drive people to get involved due to the high selling price of wildlife, while socio-cultural factors and low legal awareness exacerbate the situation. An environment that supports fishing activities, along with demand from certain hobbies such as animal collecting, further increases the opportunity for violations. In response, the Lampung Regional Police, in collaboration with the Natural Resources Conservation Agency (BKSDA) SKW III Bengkulu-Lampung, have implemented penal measures through law enforcement, as well as non-penal measures through education, outreach, and community empowerment. This study concludes that synergy between law enforcement, active community participation, and sustainable prevention strategies is key to reducing the rate of wildlife crime. With integrated collaboration, it is hoped that biodiversity can be maintained for the sustainability of the ecosystem in the future.

Illegal logging causes deforestation, disrupts forest ecosystems, and threatens biodiversity, contributing to climate change by reducing carbon absorption. It also leads to soil erosion and other environmental issues. This study examines the measures taken by the Lampung Provincial Forestry Service to combat illegal logging in the Way Waya Protected Forest, Pringsewu Regency, and the challenges faced in these efforts. Using a normative and empirical legal approach, the study collects data through literature review and interviews with investigators from the Forestry Service, the Lampung Regional Police, and academics. The findings reveal that preventive actions, such as community outreach and education, alongside repressive measures like joint operations, patrols, and law enforcement, are in place. However, technical and social challenges hinder their effectiveness, requiring institutional improvements and better inter-agency collaboration. This study highlights the need for stronger partnerships between the government, communities, and relevant agencies to combat forest crimes. The recommendations aim to improve forest management policies and raise public awareness of forest preservation.

Illegal logging is a form of environmental crime that has a serious impact on forest destruction, loss of biodiversity, and disruption of ecosystem balance. This study aims to analyze law enforcement efforts against illegal logging practices in the Kwala Serapuh Village Forest area. The method used in this study is an empirical juridical approach with data collection through interviews, field observations, and documentation. The results of the study show that despite the existence of regulations governing forest protection, law enforcement still faces various obstacles such as weak supervision, limited resources of law enforcement officials, and the involvement of individuals in these illegal practices. Efforts made include taking action against perpetrators, increasing patrols, and empowering communities around the forest. However, the effectiveness of law enforcement still needs to be improved through inter-institutional synergy, strengthening the capacity of the apparatus, and increasing community participation. This study concludes that law enforcement against illegal logging in the Kwala Serapuh Village Forest is still not optimal and requires a more comprehensive approach.

In the modern era, law enforcement faces increasingly complex challenges driven by socio-economic inequality, rapid urbanization, advancements in information technology, and shifting societal values. One significant consequence is the rise in violent crimes committed collectively (mobbing), which remains concerning issue in Indonesia, including Bantul, DIY. This research adopts a legal and empirical approach, examining causal factors and challenges faced by the Bantul Police’s Criminal Investigation Unit in handling mob violence cases. These acts are regulated under Article 170 of the KUHP, characterized by their open (openlijk) and collective (met vereenigde krachten) nature. Factors influencing mob violence include environmental conditions, personal revenge, the influence of social media, and educational background. Obstacles in the investigation include difficulties in identifying perpetrators, collecting sufficient evidence, and addressing the psychological state of both victims and witnesses. Statistical data highlights this ongoing issue: in 2022, there were 84 reported cases with 64 resolved; in 2023, 58 cases were reported with 42 resolved; in 2024, 53 cases were recorded with 41 resolved. From January to May 2025 alone, 21 reports were filed, with only 15 resolved. Although the number of reports has declined, the persistence of these cases demands more serious and coordinated responses from all stakeholders.

The increasing number of rape crimes by child perpetrators is a serious problem that needs to be reviewed in depth, not only from a legal aspect, but also from a criminological perspective that takes into account the child's social, psychological and environmental background. The type of research used is empirical legal research with a descriptive-analytical approach. This study relies on primary data obtained through direct interviews with staff at the Surakarta Correctional Facility and literature reviews of relevant laws and scientific literature. The results of the study indicate that internal factors such as past trauma, psychological disorders, and lack of moral understanding, as well as external factors such as family and social environments and weak supervision, are triggers for children to commit rape. The role of BAPAS Surakarta is proven to be crucial in efforts to provide support, rehabilitation, and social reintegration for children following court rulings. This study is expected to contribute scientifically to efforts to prevent and address sexual violence by children, as well as provide input for the government and correctional institutions in developing policies based on a child protection approach.

This research examines criminal law enforcement strategies against perpetrators of illegal black stone mining in Suwawa, Gorontalo, with a normative-empirical approach. illegal mining activities in this region not only violate the law, but also damage the environment and create social conflicts. Although there is a strict legal basis, its implementation is still weak due to weak coordination between institutions, the involvement of unscrupulous officials, and the lack of economic alternatives for the community. This research identifies that repressive approaches alone are ineffective, so an integrative strategy is needed that includes restorative justice, strengthening customary law, digitizing surveillance, and empowering the local economy. Structural barriers such as power relations, weak surveillance and social resistance are the main hindering factors. This research recommends institutional reform and community engagement as keys to the success of fair and sustainable law enforcement in addressing environmental crimes such as illegal mining.

Corporate crime in the environmental sector is one of the biggest challenges in law enforcement in Indonesia. Companies that pollute or destroy the environment are often difficult to hold criminally liable due to the impersonal nature of their legal entities. This study aims to analyze the effectiveness of law enforcement against corporations that commit environmental crimes and the obstacles faced by law enforcement officials in proving and imposing crimes against corporations. The method used is normative juridical with a legislative approach and case studies. This research found that although there is already a fairly strong legal framework, such as in Law No. 32 of 2009 and the new Criminal Code, implementation in the field is still weak. Some of the inhibiting factors include the difficulty of proving the responsibility structure in the corporation, the lack of investigator capacity, and the influence of economic power from corporations. Therefore, it is necessary to strengthen regulations, apparatus capacity, and corporate criminal accountability mechanisms that are more adaptive and firm.

This study aims to determine and analyze the role and effectiveness of the forestry police in overcoming illegal logging crimes. The type of research used is empirical juridical, by collecting data based on facts in the field and analyzed qualitatively descriptive. The role of the forestry police includes non-penal and penal efforts. Non-penal efforts are in the form of prevention such as providing appeals for environmental conservation, reforestation, supervision of forest utilization permits, mapping of vulnerable areas, and improving the quality and quantity of personnel. Penal efforts include arresting perpetrators, confiscating evidence, making minutes of examination, and coordinating with other law enforcement officials. Factors affecting the effectiveness of the forestry police include legal substance, legal structure, community culture, facilities and infrastructure, area compared to the number of personnel, population growth, and increasing modus operandi due to high demand for timber. Synchronization of regulations between sectors is needed to avoid overlapping rules. The government also needs to strengthen forestry police infrastructure and encourage active community involvement in preserving forests in North Gorontalo District.

Extortion by illegal parking attendants is very troubling to the community, especially motorists, and law enforcement should be carried out. Based on the description above, the author is interested in making the problem a research entitled Restorative Justice as an Approach in Law Enforcement Against Perpetrators of Extortion Crimes. This journal aims to describe and analyze the factors that cause the crime of extortion and the role of restorative justice as a method of law enforcement against the perpetrators of the crime of extortion. The research method used in this study is empirical juridical research. There are several factors that cause the occurrence of extortion crimes, namely economic, environmental, educational, lack of supervision and law enforcement and lack of legal awareness in the community. The Medan Sunggal Police enforce the law through alternative or restorative justice. Restorative justice is the settlement of criminal cases by involving the perpetrator, the victim, the perpetrator/victim's family, and other related parties to jointly seek a fair settlement by emphasizing restoration to the original state, and not retaliation.

Crimes of sexual intercourse committed by children are one type of crime that requires special attention, especially as the incidence of such crimes committed by children has been increasing year by year. The significant impact resulting from this crime should certainly be a matter of our collective concern. Therefore, this research aims to identify the factors underlying why children commit sexual offenses and the rehabilitation efforts undertaken by the Special Child Development Institution Class II Lombok Tengah for children who commit sexual offenses. This research is empirical in nature. Data in this research were obtained using observation methods, interviews, documentation, and literature study. The data were then analyzed using a sociological approach, a case study approach, and a legislative approach. The data was then presented using a descriptive qualitative method. The research results show that the factors causing children to commit sexual offenses are poor environmental factors, social media factors, and lack of parental supervision. Meanwhile, the efforts made by the Special Child Development Institution Class II Lombok Tengah for children who commit sexual offenses are personality development, including spiritual development, national and state awareness, reintegration, and intellectual development, and independence development, including horticulture, agriculture, basic welding techniques, and barbershop skills.

Legal protection for daily cooperatives is very important to ensure that their duties are carried out fairly, in accordance with applicable regulations, and without violating the rights of cooperative members. However, in the implementation of this task, there are often unwanted situations, such as violent crimes that can threaten the safety and integrity of daily cooperative employees. The inability to pay debts can trigger emotions and frustration on the part of borrowers, which in turn can trigger acts of violence against daily cooperative employees in the city of Kupang. Based on the above background, the following problem formulation is proposed: (1) What are the factors that encourage the occurrence of acts of violence against cooperative employees when carrying out collection duties? (2) What is the form of legal protection provided by the government to cooperative employees when carrying out collection duties?. This research was carried out in Kupang City, precisely at the PNM Mekaar Office, Kelapa Lima Kupang Branch. This research is an empirical legal research, which is carried out with a legislative approach and a case approach. The data were analyzed in a descriptive-qualitative manner. Based on the results of the research conducted, it was obtained that: (1) factors that encourage acts of violence against cooperative employees when carrying out collection duties, including: (a) Internal factors, including; (a) morality and education, (b) low consumer income factors, (c) consumer economic pressure, (d) uncontrolled emotions, (e) the influence of alcohol. b) External factors, including; (a) risky environmental factors, (b) social factors. (2) Forms of legal protection provided by the government to cooperative employees when carrying out collection duties, including: (a) Preemptive protection: can mean taking preventive measures. (b) Preventive Protection: This protection involves various policies, regulations, and mechanisms. (c) Repressive protection: actions taken to address, stop, or punish unlawful acts. The author's advice is to report the incident of violence to your superior, cooperative management, or the authorities as soon as possible. Make sure to follow the cooperative's internal procedures related to complaints and handling of violence.

Children are a precious gift from God that is entrusted to parents to be loved and cared for wholeheartedly. A child is someone who is not yet 18 (eighteen) years old, including a child who is still in the womb. Child neglect is the practice of relinquishing responsibility and claims over offspring in an illegal way, this is caused by factors such as economic and social factors, as well as mental illness, among others. A child who is abandoned or abandoned by his parents is called an outcast. Child neglect includes passive torture, which is any state of inadequate attention, whether physical, emotional, or social. The enforcement of criminal sanctions against perpetrators of child neglect must be strictly enforced as in Law Number 35 of 2014 concerning Child Protection. This research is an empirical juridical law research. This study is descriptive and analyzes primary data to determine Law Enforcement against Child Neglect Crimes and Inhibiting Factors in the Kupang City Resort Police. Data collection uses observation, documentation and interview techniques. The results of the study show that (1) Law enforcement against child neglect crimes in the Kupang Kota Resort Police shows a strong commitment to protecting children. However, there are still cases of child neglect due to various factors so that child neglect by parents occurs. (2) Influencing factors include legal and law enforcement factors, economic factors, environmental factors and parental divorce factors that often occur so that cases of child neglect occur.

The crime of illegal sand mining is a problem that requires the attention of various parties. The current phenomenon is that illegal mining is rampant among individuals and companies. Based on data from the Central Lampung Police, illegal mining crimes occur every year, while data from Walhi Lampung and the Environmental Service shows that there are still very few mining activities that have IUPs. This shows that illegal mining crime is a problem that must be handled by various elements. The research method used is a Normative Juridical and Empirical Juridical approach. Sources and types of data in research were obtained from field studies with interviews and literature studies. This research was conducted at the Central Lampung Police, lecturers at the Faculty of Law, Unila University, Walhi Lampung, and the Environmental Service. The results of this research describe that the police do not only focus on law enforcement, but also focus on preventative efforts to tackle illegal mining crimes. Even though Law Number 3 of 2020 concerning Mineral and Coal Mining, the Police does not contain the authority of the Police in mining crimes. However, the police as the front guard of law enforcement officials must make countermeasures. This includes pre-emptive efforts to identify potential risks that cause illegal mining to occur. Monitoring efforts are carried out actively and periodically and are routinely used as an effort to detect potential crimes before they develop into real crimes. The preventive approach involves outreach and education activities in areas where there is potential for mining to increase public awareness about the negative impacts of illegal mining crimes. Then the last one is repressive efforts as a form of providing legal certainty

In today's criminal justice discourse, restorative justice has gained traction. A restorative justice system has been included into the institutional policy of several law enforcement agencies. Additionally, it is included in the 2020–2024 National Medium-Term Development Plan (RPJMN). Since restorative justice is beneficial to and compatible with environmental conservation, it has also been developed in the field of environmental law. In light of this, the present study examines restorative justice as a broad idea within the context of Indonesian environmental legislation. This paper also highlights issues and considers critically whether the normative juridical approach of restorative justice may be used to address environmental crimes.

: The aim of this research is to find out how legal protection is for minors as recidivists of criminal acts of theft and the causal factors in Gorontalo City. The method used is an empirical approach based on field facts, then analyzed descriptively qualitatively. The research results show that legal protection for children who are recidivists is provided during the legal process, starting from the investigation, arrest and detention stages. The legal process is carried out in accordance with the provisions of the SPPA Law, and prioritizes the needs, development and growth of children, both physically, mentally and socially. The implementation of legal protection for children who are in conflict with the law, especially for repeat criminals or recidivists, is carried out in the same way as for first-time perpetrators of other criminal acts, but the only difference is that diversion efforts are not applied to those who are recidivists. The protection carried out by the police is to fulfill children's rights in every ongoing legal process; The investigation prioritizes a family atmosphere; and Separate Detention. The cause of children becoming recidivist perpetrators of the crime of theft in Gorontalo City is environmental factors; Economy problem; There is leniency in punishment and lack of effective coaching; and Factors of legal awareness and parental negligence. Therefore, in implementing legal protection for children who commit criminal acts, especially for recidivist perpetrators, law enforcement officers are expected to pay attention to the psychological and social conditions of children, but still prioritize providing a deterrent effect so that perpetrators are afraid to repeat their crimes. These efforts include, for example, implementing existing legal procedures by fulfilling all children's rights, but still carrying out repressive action by providing sanctions as regulated in statutory regulations, and not imposing diversion on perpetrators who repeat criminal acts. Apart from that, the government and especially parents pay as much attention as possible to ensuring life for children, so that they do not become perpetrators of criminal acts such as theft. This is because children are sometimes forced to commit these crimes due to their needs not being met properly, or even due to pressure from other parties.