Criminal Sanctions Against Environmental Pollution and Damage Offenders in the Perspective of Restorative Justice

Abstract

The importance of applying the concept of Restorative Justice in law enforcement, especially in cases of environmental pollution and destruction. Restorative Justice is an approach that focuses on the recovery of victims, perpetrators, and communities affected by criminal acts, with the aim of achieving more holistic balance and justice. This study aims to analyze the judges' views regarding the application of Restorative Justice in Decision Number 98/Pid.B/2014/PN.TOB and Number 428/Pid.B/LH/2023/PN.Rhl, as well as identify the legal consequences of these decisions in the perspective of Restorative Justice. The research method used is normative juridical research, which examines the substance of legal rules through statutory and conceptual approaches. The data used consisted of primary, secondary, and tertiary legal materials, which were collected through literature study and analysis of related documents. The results showed that the judges' views in both decisions reflect the application of Restorative Justice principles that focus on recovery and rehabilitation. Despite differences in approach, in general the judges sought not only to punish the perpetrators, but also to repair the damage caused, support the recovery of victims, and maintain social harmony. Further discussion shows that the application of Restorative Justice in these decisions has a significant impact in directing the criminal justice system towards a more humane and rehabilitative direction.