Research Article
Out-of-Court Settlement of Environmental Crime based on Law and Morality
@INPROCEEDINGS{10.4108/eai.27-7-2022.2326287, author={John Richard Latuihamallo and Pujiyono Pujiyono and Irma Cahyaningtyas}, title={Out-of-Court Settlement of Environmental Crime based on Law and Morality}, proceedings={Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia}, publisher={EAI}, proceedings_a={IWLEG}, year={2023}, month={1}, keywords={law morality non-litigation environmental crimes}, doi={10.4108/eai.27-7-2022.2326287} }- John Richard Latuihamallo
Pujiyono Pujiyono
Irma Cahyaningtyas
Year: 2023
Out-of-Court Settlement of Environmental Crime based on Law and Morality
IWLEG
EAI
DOI: 10.4108/eai.27-7-2022.2326287
Abstract
Criminal case settlement through non-litigation can provide a more flexible and beneficial judgment for victims, perpetrators, and the community. It is closely related to legal and moral issues. This article ontologically examines the relationship between law and morality in settling environmental crimes outside the court. It hermeneutically and dialectically applied particular methodologic principles in legal research with a doctrinal approach, especially through literature review. Separating law and morality implies that law can always be criticized. According to H.L.A. Hart on law and morality, both aspects are correlated, typically in environmental crimes settlement. Moral issues manifested in environmental crimes settlement through non-litigation channels offer more flexibility than litigation ones. The separation of law and morals in resolving environmental crimes outside the court can be an opportunity to execute their responsibilities in realizing and maintaining environmental balance.