The Collapse of the Power of the Law in Ecocide Crimes by Corporations

Abstract

Ecocide and crimes of environmental destruction are part of the agrarian conflict in Indonesia so they must be dealt with firmly, there must be no negotiation process or exceptions to ecocide crimes, because the perpetrators of ecocide crimes are dominated by corporations who take cover behind their employees. The collapse of legal power is a result of the non-functioning of law enforcement against corporations that deliberately commit crimes of ecocide, by getting backing from both high-ranking legal institutions and the People’s Representative Council, even central officials. This phenomenon can be seen in the increasing environmental damage that has an impact on the surrounding community, whether it is mining or mines that are managed officially or illegally. The ratification of Law Number 3 of 2020, concerning Amendments to Law Number 4 of 2009, concerning Mineral and Coal Mining, poses a serious threat to environmental sustainability. Apart from the increasingly distant supervision due to being drawn to the Center and investment permits which are also increasingly easier to issue, this has resulted in a lot of resistance arising from people who feel disadvantaged and want to save the environment in their area, but the big wall created by the government is there is a criminal snare. With the ratification of UU/3/2020, if a community suffers losses due to mining companies, whether in the form of environmental damage or land disputes, the Regional Government can no longer take any action. Because all mining authority is regulated by the Central Government, no longer the local Regency or City Government. In fact, so far most of the mining locations are in remote areas, even outside Java.