Assessing The Urgency of Recognizing Ecocide in Indonesian Environmental Law

Abstract

This study aims to analyze the concept of ecocide in environmental law and to assess the adequacy of legal regulations and enforcement in Indonesia. The study employs a normative legal methodology using legislative, conceptual, and case-based approaches, with a focus on Law No. 32 of 2009 on the Protection and Management of the Environment. The findings indicate that, from a normative perspective, Indonesia possesses comprehensive legal instruments through administrative, civil, and criminal mechanisms, as well as the principles of precaution, polluter pays, and strict liability. However, this framework is not yet fully adequate from an ecocide perspective. There is a legal gap because ecocide has not been recognized as a specific crime, as well as an enforcement gap reflected in weak law enforcement, particularly against corporations. Cases of forest fires, river pollution, and damage caused by mining demonstrate patterns of widespread, serious, and recurring destruction. Therefore, legal strengthening is required through the recognition of ecocide, the optimization of corporate liability, and the enhancement of law enforcement effectiveness. This study underscores the importance of environmental law reform that is more responsive and oriented toward ecosystem protection.