The Implementation Of Restorative Justice As An Effort To Overcome Environmental Crimes

Abstract

The problem of the application  of restorative justice in environmental crime cases basically concerns juridical issues, namely whether all forms of environmental violations can be resolved through restorative mechanisms, appropriate settlement models, and legal consequences for the status of cases being handled by law enforcement officials. This paper aims to identify  the relevant restorative justice model  applied in handling environmental crimes and explain the legal consequences of its application to the status of the case. This study uses a normative juridical method that relies on secondary data and literature studies, with qualitative data analysis.  The restorative justice model  that is considered the most suitable to be applied is Restorative Conferencing, which is a settlement mechanism that involves perpetrators (both individuals and corporations), victims (the community and the environment), mediators, as well as investigators from the National Police and PPNS voluntarily to reach a recovery agreement. The application of this model has legal implications in the form of stopping investigations to avoid imposing criminal sanctions and reducing the accumulation of cases, which is carried out through the discretion of law enforcement as long as it meets the material and formal requirements in accordance with the Circular Letter of the National Police Chief Number 8 of 2018 concerning Guidelines for Handling Case Settlement with a Restorative Justice Approach.