The Urgency of Judge's Legal Reasoning in Deciding on an Environmental Crime Case Based on an Ecocentric Approach (Review of Case Decision No. 640/PID.B/LH/2021/PT PBR)
Objective: This study aims to analyze how the legal reasoning of the Pekanbaru High Court Judge in Decision No. 640/PID.B/LH/2021/PT PBR, and at the same time reviewing decisions at the previous level and show how important the judge's legal reasoning is based on an ecocentric approach in decid...
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| Format: | UMS Journal (OJS) |
| Język: | eng |
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Universitas Muhammadiyah Surakarta
2022
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| Dostęp online: | https://journals2.ums.ac.id/index.php/jurisprudence/article/view/1092 |
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| _version_ | 1805342449570152448 |
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| author | Jiwanti, Ainun Soponyono, Eko |
| author_facet | Jiwanti, Ainun Soponyono, Eko |
| author_sort | Jiwanti, Ainun |
| collection | OJS |
| description | Objective: This study aims to analyze how the legal reasoning of the Pekanbaru High Court Judge in Decision No. 640/PID.B/LH/2021/PT PBR, and at the same time reviewing decisions at the previous level and show how important the judge's legal reasoning is based on an ecocentric approach in deciding environmental crime cases.
Methods: This type of research is a normative law using statutory, case, and conceptual approaches.
Findings: The panel of judges of the Pekanbaru High Court granted the defendant's appeal, PT. Gandaerah Hendana because Article 98 paragraph (1) of the PPLH (Environmental Protection and Management) Law that the public prosecutor indicted is a material offense that must be linked to its formal elements (Article 108 of the PPLH Law). It differs from the opinion of the Rengat District Court panel of judges, which stated that because the meaning of "action" in Article 98 paragraph (1) of the PPLH Law is so broad, the action can be in any form as long as the consequences stipulated in the formulation of the offense occurred. The action in question does not only do prohibited things but also includes not carrying out legal obligations (omission offenses). Since the burned land is the defendant's right to cultivate area, PT. Gandaerah Hendana, the process of extinguishing the fire on the land is the responsibility of the defendant, PT. Gandaerah Hendana. In this regard, the ecocentric approach in judges’ legal reasoning is urgent because, so far, the positivistic-formal and anthropocentric approaches have made judges only oriented to human interests. With an ecocentric approach, judges will pay attention to environmental sustainability when deciding the case being examined so that judges will produce outputs in the form of pro-environmentally oriented decisions.
Benefits: The results of this study are expected to enrich references for academics and become input for law enforcers, especially judges, about the importance of legal reasoning based on an ecocentric approach in deciding environmental crime cases.
Novelty: The discussion in this study will provide a perspective and explanation of how an ecocentric approach as the basis for legal reasoning for judges can create decisions and enforce environmental laws oriented towards the environment. |
| format | UMS Journal (OJS) |
| id | oai:ojs2.journals2.ums.ac.id:article-1092 |
| institution | Universitas Muhammadiyah Surakarta |
| language | eng |
| publishDate | 2022 |
| publisher | Universitas Muhammadiyah Surakarta |
| record_format | ojs |
| spelling | oai:ojs2.journals2.ums.ac.id:article-1092 The Urgency of Judge's Legal Reasoning in Deciding on an Environmental Crime Case Based on an Ecocentric Approach (Review of Case Decision No. 640/PID.B/LH/2021/PT PBR) Jiwanti, Ainun Soponyono, Eko Legal Reasoning Legal Reasoning Environmental Crime Ecocentric Objective: This study aims to analyze how the legal reasoning of the Pekanbaru High Court Judge in Decision No. 640/PID.B/LH/2021/PT PBR, and at the same time reviewing decisions at the previous level and show how important the judge's legal reasoning is based on an ecocentric approach in deciding environmental crime cases. Methods: This type of research is a normative law using statutory, case, and conceptual approaches. Findings: The panel of judges of the Pekanbaru High Court granted the defendant's appeal, PT. Gandaerah Hendana because Article 98 paragraph (1) of the PPLH (Environmental Protection and Management) Law that the public prosecutor indicted is a material offense that must be linked to its formal elements (Article 108 of the PPLH Law). It differs from the opinion of the Rengat District Court panel of judges, which stated that because the meaning of "action" in Article 98 paragraph (1) of the PPLH Law is so broad, the action can be in any form as long as the consequences stipulated in the formulation of the offense occurred. The action in question does not only do prohibited things but also includes not carrying out legal obligations (omission offenses). Since the burned land is the defendant's right to cultivate area, PT. Gandaerah Hendana, the process of extinguishing the fire on the land is the responsibility of the defendant, PT. Gandaerah Hendana. In this regard, the ecocentric approach in judges’ legal reasoning is urgent because, so far, the positivistic-formal and anthropocentric approaches have made judges only oriented to human interests. With an ecocentric approach, judges will pay attention to environmental sustainability when deciding the case being examined so that judges will produce outputs in the form of pro-environmentally oriented decisions. Benefits: The results of this study are expected to enrich references for academics and become input for law enforcers, especially judges, about the importance of legal reasoning based on an ecocentric approach in deciding environmental crime cases. Novelty: The discussion in this study will provide a perspective and explanation of how an ecocentric approach as the basis for legal reasoning for judges can create decisions and enforce environmental laws oriented towards the environment. Universitas Muhammadiyah Surakarta 2022-10-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://journals2.ums.ac.id/index.php/jurisprudence/article/view/1092 10.23917/jurisprudence.v12i1.1092 Jurnal Jurisprudence; Vol. 12, No. 1, June 2022 ; 71-91 2549-5615 1829-5045 eng https://journals2.ums.ac.id/index.php/jurisprudence/article/view/1092/349 Copyright (c) 2022 Jurnal Jurisprudence https://creativecommons.org/licenses/by/4.0 |
| spellingShingle | Legal Reasoning Legal Reasoning Environmental Crime Ecocentric Jiwanti, Ainun Soponyono, Eko The Urgency of Judge's Legal Reasoning in Deciding on an Environmental Crime Case Based on an Ecocentric Approach (Review of Case Decision No. 640/PID.B/LH/2021/PT PBR) |
| title | The Urgency of Judge's Legal Reasoning in Deciding on an Environmental Crime Case Based on an Ecocentric Approach (Review of Case Decision No. 640/PID.B/LH/2021/PT PBR) |
| title_full | The Urgency of Judge's Legal Reasoning in Deciding on an Environmental Crime Case Based on an Ecocentric Approach (Review of Case Decision No. 640/PID.B/LH/2021/PT PBR) |
| title_fullStr | The Urgency of Judge's Legal Reasoning in Deciding on an Environmental Crime Case Based on an Ecocentric Approach (Review of Case Decision No. 640/PID.B/LH/2021/PT PBR) |
| title_full_unstemmed | The Urgency of Judge's Legal Reasoning in Deciding on an Environmental Crime Case Based on an Ecocentric Approach (Review of Case Decision No. 640/PID.B/LH/2021/PT PBR) |
| title_short | The Urgency of Judge's Legal Reasoning in Deciding on an Environmental Crime Case Based on an Ecocentric Approach (Review of Case Decision No. 640/PID.B/LH/2021/PT PBR) |
| title_sort | urgency of judge s legal reasoning in deciding on an environmental crime case based on an ecocentric approach review of case decision no 640 pid b lh 2021 pt pbr |
| topic | Legal Reasoning Legal Reasoning Environmental Crime Ecocentric |
| topic_facet | Legal Reasoning Legal Reasoning Environmental Crime Ecocentric |
| url | https://journals2.ums.ac.id/index.php/jurisprudence/article/view/1092 |
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