Kontruksi Ekosida Sebagai Kejahatan Internasional Serta Pengaturannya Dalam Hukum Positif Di Indonesia

Abstract

The massive, systemic, and wide-ranging environmental damage that occurs has posed a serious threat to the sustainability of human life and global ecosystems. Phenomena such as deforestation, forest fires, environmental pollution, and other ecological disasters show that environmental damage is no longer local, but has become a cross-border problem that requires the attention of the international community. In this context, the concept of ecocide emerged as a legal discourse that views large-scale environmental destruction as the most serious crime against the interests of humanity. This research aims to analyze the construction of ecocide as an international crime in the perspective of international criminal law and examine its regulation in positive law in Indonesia. The research method used is normative legal research with a legislative approach and a conceptual approach, through a study of the 1998 Rome Statute, the principles of international criminal law, and national laws and regulations in the field of the environment. The results of the study show that although ecocides have characteristics comparable to other international crimes within the jurisdiction of the International Criminal Court, to date ecocides have not been explicitly recognized as international crimes in the Rome Statute. Meanwhile, in Indonesia's positive law, the substance of acts that lead to ecocide has been regulated through the provisions of environmental crimes, but it is still placed as an ordinary crime and has not been constructed as an extraordinary crime. Therefore, it is necessary to strengthen and update criminal law policies, both at the international and national levels, in order to accommodate ecocide as an instrument of environmental protection oriented towards ecological justice and the sustainability of human life.