Restorative Justice Approach to Enforcement in Environmental Crimes

Abstract

The aim of this study is that to determine the characteristics of environmental crimes with corporate actors as contained in Law Number 32 of 2009 concerning the Environmental Protection and Management; besides, to determine the possibility of applying a restorative justice approach in enforcing environmental crimes with corporate actors. This study was doctrinal or normative legal research. The characteristic of the study was descriptive by using a qualitative approach. Furthermore, the data sources used were secondary data in the form of laws, books, journals, theses or dissertations. Data collection techniques used library research. Moreover, the data analysis technique was normative qualitative analysis consisted of the inventory, identification, classification, and systematization stages. The restorative justice approach in enforcing environmental crimes committed by corporations aims to restore the environment and the welfare of victims. The process taken begins with mediation with the characteristics of restorative justice together with the criminal justice system. The mediation process chosen was a deterred prosecution agreement. The implementation of a restorative justice approach in environmental crimes with corporate actors will shorten the justice system and law enforcement since it can stop at the prosecutor's level based on the quasi-deponeering principle and it reduces the accumulation of cases in court. For this approach to work, it requires revision of the Criminal Procedure Code and preparation for a settlement by using the deterred prosecution agreement method; especially, at the negotiation level.