Efforts to Protect Adat’s Communities in the Settlement of Environmental Criminal Cases in Indonesia

DOI

10.2991/assehr.k.211102.188How to use a DOI?

Keywords

Indonesia; Criminal Settlement; Environment; Adat Community

Abstract

Indonesia as a country that has a strategic geographical location, not only has a charming natural beauty but also abundant natural resources. The abundance of Indonesia’s natural resources is aimed as much as possible for the prosperity of the people, including indigenous peoples as part of the people who live in the territory of Indonesia. Environmental utilization efforts are vulnerable to conflict due to environmental damage caused. There needs to be a new effort in the effort to resolve environmental cases that can provide guarantees for the protection of adat community in Indonesia. Article 85 paragraph (1) of the EPM Code opens the possibility of resolving environmental cases through non-judicial (non-litigation), but in paragraph (2) precisely limiting criminal cases cannot be resolved through non-judicial. The formulation of the issue raised is about how the concept of resolving environmental cases is to guarantee the protection of the rights of indigenous peoples in Indonesia? This research uses legal research methods that are normative research methods. The source of primary legal material is obtained from related laws and regulations and the source of secondary legal material from related legal literature. This study obtained the results that as an effort to resolve environmental criminal cases as well as a means of achieving the values of justice, improving the impact of crime, and as an effort to protect the rights of adat community in Indonesia, it can be achieved through a restorative justice approach.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Muhammad Luthfi
AU  - Yaris Adhial Fajrin
AU  - Dwi Ratna Indri Hapsari
AU  - Kukuh Dwi Kurniawan
PY  - 2021
DA  - 2021/11/22
TI  - Efforts to Protect Adat’s Communities in the Settlement of Environmental Criminal Cases in Indonesia
BT  - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
PB  - Atlantis Press
SP  - 159
EP  - 162
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211102.188
DO  - 10.2991/assehr.k.211102.188
ID  - Luthfi2021
ER  -