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Global Multidisciplinary Journal

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The Role of Judicial Layers in Environmental Justice: First-Level Vs. Cassation-Level Decisions in Forest Destruction Cases

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Dr. Mark Jamieson 1 ,
4 Associate Professor, Department of Environmental Law, University of Melbourne, Australia

Abstract

This study explores the judicial process involved in criminal cases of protected forest destruction, specifically focusing on the differences in how first-level and cassation-level judges approach the decision-making process. It identifies the factors that influence judicial considerations at each level of the judicial hierarchy and seeks to understand how these differences impact the effectiveness of legal outcomes in environmental cases. The analysis is grounded in environmental law and highlights the implications of legal interpretation, judicial consistency, and legal precedent in the context of criminal cases involving deforestation and illegal logging activities. Based on a qualitative review of court cases, interviews with judges, and legal scholars, the research provides insights into the role of cassation courts in shaping national environmental policy.

The study concludes that first-level courts tend to focus more on the facts of individual cases, delivering more immediate consequences such as fines or imprisonment. In contrast, cassation courts prioritize legal interpretation, ensuring uniformity in the application of the law, which influences the long-term development of environmental jurisprudence. These insights are crucial in understanding the broader role of judicial systems in the enforcement of environmental laws and the protection of natural resources.

Keywords

Judiciary, Environmental Law, Forest Destruction

References

📄 Aldikora, H. S. 2012. Konservasi, Sumberdaya Alam dan Lingkungan. Gadjah Mada University Press. Yogyakarta.
📄 Constitutional Court Decision Number 114/PUU-X/2012.
📄 Criminal Procedure Code (KUHAP).
📄 Djajapertjunda, Sadiki and Edje Djamhuri, 2021, Indonesian Forests and Forestry from Time to Time, PT. IPB Press Publisher, Bogor City.
📄 Government Regulation Number 23 of 2021 concerning Forestry Implementation Concerning Forestry Implementation.
📄 Hayatuddin, Khalisah and Serlika Aprita, 2021, Environmental Law, Kencana Prenada Media Group, Jakarta.
📄 Husein, Imam Akbaru Al. 2015. Legal Protection of State Forest Areas Against Criminal Acts of Forest Destruction, Media.neliti.com, Vol 1, pp. 6.
📄 Lario, Sofia Degratsia Natalia et al., 2024, Law Enforcement Against Illegal Gold Mines Operating in Protected Forest Areas in Poso Regency, UNSRAT Faculty of Law Journal Lex Privatum, Vol.13, No.5.
📄 Law Number 41 of 1999 concerning Forestry.
📄 Law Number 32 of 2009 concerning Environmental Protection and Management.
📄 Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction.
📄 Purnomo, Eko., et al., 2021, Criminal Law Enforcement Against Forest and/or Land Burners in the Musi Banyuasin Police Jurisdiction, Doctrinal Law Journal, Vol. 6, No. 2.
📄 Regulation of the Minister of Environment and Forestry of the Republic of Indonesia Number 9 of 2021 concerning Social Forestry Management.

How to Cite

Dr. Mark Jamieson. (2025). The Role of Judicial Layers in Environmental Justice: First-Level Vs. Cassation-Level Decisions in Forest Destruction Cases. Global Multidisciplinary Journal, 4(05), 1-7. https://www.grpublishing.org/journals/index.php/gmj/article/view/172

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