LEGAL RECONSTRUCTION OF ENVIRONMENTAL CRIMES WITHIN THE LEGAL FRAMEWORK OF CORRUPTION ERADICATION Bambang Joyo Supeno, Krismiyarsi
Faculty of Law, Universitas 17 Agustus 1945 Semarang
Abstract
Article 33 of the 1945 Constitution of the Republic of Indonesia mandates that the land, water, and natural resources contained therein are controlled by the State and used for the greatest prosperity of the people. This mandate has been violated by oligarchs and irresponsible individuals who exploit the environment. The Directorate General of General Courts of the Supreme Court, through its January 2025 Infographic, shows statistical data on environmental crimes filed with the Supreme Court in 2024 totaling 1,443 cases. Law enforcement cannot be used as a deterrent or shock therapy factor, due to the qualification of the act as an environmental crime. Based on research results using the normative jurisdiction approach method and the use of secondary data, the current construction of environmental crime qualifications is separate from the construction of corruption. The provisions of Article 14 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes provide an opportunity to reconstruct the qualifications of environmental crimes into criminal acts of corruption. The reconstruction of the crime in Law Number 32 of 2009 concerning Environmental Protection and Management by amending and adding norms in Article 97 and adding new norms after Article 165 of Law Number 4 of 2009 in conjunction with Law Number 2 of 2025 concerning Mineral and Coal Mining, with norms stating that violations of the provisions of the norms in the two a quo laws constitute criminal acts of corruption. The implications of this reconstruction include philosophical, sociological, and legal implications, so that it can be used as a shock therapy factor and a deterrent for perpetrators of criminal acts.
Keywords: Reconstruction, Environmental Crimes, and Corruption Crimes
Topic: Governance, Policy, and Education of Coastal Area
