Criminal Policy on Environmental Crimes:  Indonesia’s Perspective

Hanafi  Amrani

doi:10.36941/ajis-2022-0088

Authors

Hanafi Amrani Department of Criminal Law, Universitas Islam Indonesia, Kaliurang St No.Km. 14,5, Krawitan, Umbulmartani, Ngemplak, Sleman Regency, Special Region of Yogyakarta 55584, Indonesia

DOI:

https://doi.org/10.36941/ajis-2022-0088

Keywords:

criminal policy, environmental crime, Indonesia's perspective, malum prohibitum, malum in se

Abstract

This study aims to analyze Indonesia's perspective in criminal policy towards environmental crime considered as malum prohibitum offense. Almost all academics agree that environmental crime is known as malum prohibitum offense because of its form of regulation which is usually driven by the absence of mens rea and its evil nature. However, the results of some studies subsequently oppose the status of environmental crime as malum prohibitum offense because the criteria are not fulfilled. Indonesia regulates environmental crimes in administrative law, which are classified into malum prohibitum. Furthermore, they are classified into malum in se offense based on serious sanctions.

Received: 30 January 2022 / Accepted: 13 April 2022 / Published: 5 May 2022