Analysis of the criminal construction of imprisoment in lieu of the fines for environmental criminals
Yusni Febriansyah Efendi, Mohd. Din, Adwani
Environmental crime violators face two types of punishment under Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law), namely imprisonment and fine. However, the practice of adding a criminal clause to imprisonment in lieu of a fine in various sentencing decisions against environmental criminals is prevalent, despite the fact that this form of crime is not recognized by the PPLH Law. The purpose of this research is to provide an explanation of the legal construction of the practice of adding the clause. This is a normative legal study that employs both a statutory and a conceptual approach. The study's findings indicate that the practice of adding a criminal clause to imprisonment in lieu of a fine in sentencing decisions against perpetrators of environmental crimes is built on a systematic interpretation of general criminal law provisions referred to in Article 30 of the Criminal Code. The period of the imprisonment in lieu of the fine, on the other hand, is relatively developed through the legal findings that are completely independent.
Yusni Febriansyah Efendi, Mohd. Din, Adwani. Analysis of the criminal construction of imprisoment in lieu of the fines for environmental criminals. International Journal of Law, Volume 8, Issue 2, 2022, Pages 157-162