JCH (Jurnal Cendekia Huku.
Volume 11 Number 1.
Year 2026 e-ISSN: 2580-1678 And ISSN: 2355-4657 Open Access: http://e-jurnal.
stih-pm.
id/index.
php/cendekeahukum/index COASTAL WOMEN AS PERPETRATORS OR VICTIMS: AN ANALYSIS OF CRIMINAL PUNISHMENT AGAINST WOMEN
IN CASES OF MARINE ENVIRONMENTAL
DESTRUCTION IN EAST ACEH
Rika Afrida Yanti1.
Muhammad Natsir2.
Liza Agnesta Krisna3 Fakultas Hukum.
Universitas Samudra.
Jl.
Prof.
Dr.
Syarief Thayeb.
Meurandeh.
Langsa - Aceh e-mail: rikaafriday@unsam.
e-mail: munatsir_1966@unsam.
e-mail: agnes_krisna@unsam.
Abstract This study examines two central issues concerning coastal women in cases of marine environmental destruction in East Aceh: .
how environmental criminal law normatively constructs women as perpetrators, and .
how law enforcement can incorporate substantive and restorative justice principles.
Using a normative juridical method supported by analysis of legislation and judicial practice, the research finds that although the Environmental Protection and Management Law formally requires proof of fault .
ens re.
for individuals, its application often remains formalistic and result-oriented.
The law does not adequately differentiate between primary actors and structurally vulnerable participants, leading to the disproportionate criminalization of coastal The study argues that achieving genuine environmental justice requires a contextual and gender-sensitive approach, including proportional assessment of culpability and the selective application of restorative justice mechanisms.
Legal reform is therefore necessary to align environmental protection with substantive justice and gender equality principles in coastal Keywords: Coastal Women.
Criminalization.
Marine Environment.
East Aceh.
Gender.
Environmental Criminal Law.
drawn into activities classified as environmental crimes, such as destructive fishing, the use of explosives, and illegal fishing equipment.
The involvement of women in cases of marine environmental degradation prompts fundamental questions about whether they should be regarded as genuine offenders deserving criminal liability, or rather as victims of unequal social, economic, and legal structures.
numerous instances, coastal women possess limited bargaining power, both in household economic decision-making and in gaining access to education, information, and legal protection.
Factors such as structural poverty, economic INTRODUCTION Coastal regions hold significant importance in shaping the social and economic life of Indonesian communities (Ardila and Hayat 2.
, including in East Aceh, rich marine resources serve as the foundation of livelihoods, particularly for fishing communities.
Within this setting, coastal women hold a significant roleAiboth directly as part of the workforce and indirectly as managers of Yet, increasingly complex social and economic dynamics, a paradoxical situation has arisen: women are not only responsible for sustaining family survival but are also A This work is licensed under a Creative Commons Attribution-ShareAlike 4.
0 International License.
Received: 6 January 2025.
Received in revised form: 7 February 2026.
Accepted: 21 February 2026 Doi: 10.
3376/jch.
Rika Afrida Yanti.
Muhammad Natsir.
Liza Agnesta Krisna: Coastal Women As.
dependence on husbands or families, and limited awareness of environmental regulations contribute to their engagement in activities prohibited by law.
Conversely.
IndonesiaAos criminal justice system especially in relation to environmental offenses remains heavily influenced by a legalistic and retributive Such an approach frequently overlooks the socio-economic context and gender dynamics underlying criminal acts (Widiartana 2.
Women entangled in legal processes are frequently treated identically to male offenders, with little regard for the distinct contexts, pressures, and constraints they encounter (Edi Riyadi Terre 2.
This demonstrates the absence of gender awareness in the enforcement of environmental criminal law at both local and national levels.
From a criminal policy perspective, the study from Lufna Nandita et.
advocates for restorative justice and marginalized communities (Nandita and Kayowuan 2.
The principle of restorative justice emphasizes dialogue, accountability, and ecological recovery rather than mere punishment.
Applying these principles to environmental crimes involving coastal women necessitates recognizing the intersection between structural poverty, gender inequality, and limited legal literacy.
The theoretical framework of this research therefore ecofeminism, and restorative criminal Ecofeminism.
Indonesian exploitation and womenAos marginalization as interconnected products of patriarchal and extractive systems, thereby offering a critical lens for interpreting womenAos criminalization in environmental contexts.
East Aceh, as the focus of this study, presents concrete instances of coastal women being prosecuted for marine environmental destruction.
Yet, field data and narratives reveal that their participation is largely passive, driven not by free choice but by urgent economic (Field Observation Result.
Datel 7 July 2.
This condition highlights the urgency of adopting a more critical and contextual approach to criminal policy, one that goes beyond written legal provisions and takes into account the principles of substantive justice and womenAos human rights.
Given that the research is situated in Aceh, it is also essential to consider the role of customary law .
ukum ada.
and local maritime institutions.
In Aceh, the institution of Panglima Laot traditionally regulates marine resource management, dispute resolution, and fishing ethics.
Customary norms emphasize collective responsibility, ecological balance, and social harmony, which in principle align with restorative values (Gaffar MuAoaqaffi Nevertheless, the interaction between state criminal law and customary mechanisms is often unbalanced, with formal law overriding community-based resolution processes.
This tension raises pluralism and whether the criminal justice system adequately accommodates local wisdom and gendered realities in East Aceh.
Building on this background, the article seeks to explore the position of coastal women in cases of marine environmental destruction in East Aceh.
LPPM STIH Putri Maharaja Payakumbuh - 30 JCH (Jurnal Cendekia Huku.
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Year 2026 questioning whether they should be regarded as offenders or as victims of Employing normative-juridical method combined with a gender justice perspective, it further analyzes how the existing criminal justice system addresses women and proposes alternative legal approaches that are more equitable, restorative, and context-sensitive.
The study aspires to contribute to the advancement of environmental criminal law that is attuned to social realities and inclusive of womenAos rights.
The novelty of this research lies in its integrative analysis of environmental ecofeminism, and Acehnese customary law within a single analytical framework.
Unlike prior studies that separately examine environmental enforcement or womenAos socio-economic roles, this study specifically interrogates the legal positioning of coastal women in East Aceh as either offenders or victims of structural injustice.
By employing a normative-juridical method enriched with socio-legal and gender analysis, the research seeks to synchronize doctrinal principles of criminal liability with standards, and local customary values.
Ultimately, it aspires to formulate a more equitable and context-sensitive model of environmental criminal policy that recognizes women not merely as legal subjects of punishment but as rightsbearing actors within complex socioecological systems.
RESEARCH METHOD
This study adopts a normative juridical method, emphasizing document analysis of legislation, legal literature, and 31 - P-ISSN: 2355-4657.
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relevant judicial decisions.
The approach seeks to examine legal norms in a systematic, consistent, and logical manner, without relying on fieldwork or The legal sources include:
primary materials such as Law No.
32 of 2009 on Environmental Protection and Management (UU PPLH), the Criminal Code (KUHP), and the Criminal Procedure Code (KUHAP).
materials consisting of literature on environmental criminal law, legal feminism, and gender-oriented criminal and tertiary materials including legal dictionaries, encyclopedias, and academic The data collected were then examined using qualitative analytical RESULT AND DISCUSSION Criminal Construction Environmental Management Law Against Women in Cases of Marine Destruction Environmental criminal law is a legal field that governs actions considered criminal offenses due to their harmful impact or pollution on the environment.
Its main objective is not merely to punish offenders, but also to safeguard the environment as a fundamental human right and to ensure the preservation of natural resources for future generations (Saidah 2.
Indonesia, biological and environmental resources, encounters significant challenges in protecting and managing the environment.
The many instances of environmental damage and pollution highlight the urgent need for robust and effective law enforcement through criminal law Rika Afrida Yanti.
Muhammad Natsir.
Liza Agnesta Krisna: Coastal Women As.
The main basis of environmental criminal law in Indonesia is:
Law Number 32 of 2009 on Environmental Protection Management (UU PPLH).
This law acts as the main legal framework in the environmental field.
It includes criminal provisions with repressive measures against various forms of environmental harm, such as imprisonment and fines.
Criminal Code (KUHP).
Certain provisions in the KUHP remain protection, even though the term AienvironmentAn is not explicitly used.
For instance.
Article 406 on property destruction can be applied to cases of ecosystem damage.
Implementing Regulations (Government Regulations.
Regional Regulations.
Ministerial Regulations of Environment and Forestry, etc.
These derivative rules provide technical and operational guidelines including the enforcement of reporting obligations.
Environmental distinct characteristics that set them apart from ordinary crimes.
The elements that need to be fulfilled include: (Sari 2.
Action: Encompasses active conduct such as waste disposal, forest burning, the use of explosives in marine areas, and similar activities.
Result:
The environmental harm or pollution, whether affecting land, sea, air, or other ecosystems.
Causation: The link between the act committed and the damage or pollution that follows.
Fault .
ntent Environmental crimes may be carried out deliberately or arise from In environmental damage crimes, the legal subject is not limited to individuals .
atural person.
but may also include This is underscored in Article 116 of the Environmental Protection and Management Law, which recognizes corporate criminal liability for environmental harm.
When the offense is carried out by a business entity, those who may be held responsible include the corporation itself, its management, directors, or the person who issued the order and bears responsibility for operational activities.
The Environmental Management Law provides for three forms of law enforcement in response to environmental violations, namely: (Erawaty 2.
Sanctions, which are non-criminal measures such as warnings, license revocations, government enforcement .
, or administrative These sanctions are intended to halt violations and remedy the damage caused.
Civil Sanctions, which focus on restoring the environment and providing compensation to affected Lawsuits may be brought by the public.
NGOs, or the state.
Sanctions, applied as an ultimum remedium, are imposed when violations result in severe consequences or cannot be administrative or civil measures.
LPPM STIH Putri Maharaja Payakumbuh - 32 JCH (Jurnal Cendekia Huku.
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Year 2026 In Indonesia.
Law Number 32 of 2009 on Environmental Protection and Management (UU PPLH) serves as the main legal framework for addressing environmental pollution and destruction in Indonesia, including the protection of marine ecosystems.
By design, this law sets forth strict criminal provisions against any individual or legal entity responsible for causing environmental harm or pollution, with the purpose of creating a deterrent effect and ensuring comprehensive ecological preservation.
The destruction of marine ecosystems is categorized as an environmental crime under Articles 98 to 113 of the Environmental Management Law.
Acts such as using explosives or hazardous chemicals in fishing, discharging toxic waste into the sea, dredging coral reefs, or engaging in illegal fishing practices that damage marine habitats fall within this Article 98 paragraph .
of the Environmental Management Law stipulates: AuAny person who intentionally commits an act resulting in the exceedance of environmental quality imprisonment of no less than 3 .
years and no more than 10 .
years, and a fine of no less than IDR 3,000,000,000.
00 and no more than IDR 10,000,000,000.
Ay This shows that the Environmental Management Law applies a resultoriented offense approach.
In other words, law enforcement prioritizes the actual occurrence of pollution or damage rather than focusing solely on the perpetratorAos intent or motive (Hani 2.
In practice, the formulation of criminal sanctions in the Environmental Management Law highlights the need to prove material 33 - P-ISSN: 2355-4657.
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elements, namely the presence of an unlawful act .
, the resulting pollution or environmental damage .
, and the causal link between the act and its outcome (Cahya Devi 2.
This approach regards all offenders in a formal and objective socioeconomic background, structural constraints, or their role within power As a result, positive law provides no space to differentiate whether an offender acted actively, passively, or under coercion.
For instance, a coastal woman who only assisted in carrying explosives at her husbandAos request could still be deemed a criminal offender under the doctrine of complicity .
as outlined in Articles 55 and 56 of the Criminal Code, which is also applied in environmental law enforcement.
This normative construction becomes problematic when examined through empirical findings in East Aceh.
Field Observation Results (Datel, 7 July 2.
reveal concrete instances of coastal women being prosecuted in cases of However, interviews and narrative accounts show that their involvement was largely passive.
Several women admitted that they merely assisted in preparing fishing equipment, storing materials later identified as prohibited, or handling postcatch logistics at the request of their husbands or boat owners.
Their participation was driven not by autonomous criminal intent but by urgent dependency, and limited understanding of environmental regulations.
In certain cases, women were listed as coperpetrators under the doctrine of Rika Afrida Yanti.
Muhammad Natsir.
Liza Agnesta Krisna: Coastal Women As.
complicity (Articles 55 and 56 of the Criminal Cod.
, despite the absence of evidence that they made strategic or operational decisions.
This empirical data illustrates a gap between doctrinal criminal construction and the sociological realities experienced by coastal women in East Aceh.
The author argues that one of the shortcomings in the criminal framework of the Environmental Protection and Management Law (PPLH) lies in its failure to distinguish between primary perpetrators or decision-makers .
uch as ship owners, investors, or technical operator.
and passive or secondary actors who become involved due to dependency, economic hardship, or coercion.
practice, all offenders are subjected to the same criminal sanctions, regardless of the degree of their involvement or the motives behind their actions.
This results in injustice, particularly for vulnerable groups like coastal women, who may merely be obeying orders or lack a full understanding of the legal consequences of their conduct.
Unlike juvenile criminal law or legal protections for victims of human trafficking, which take structural vulnerabilities into account, the PPLH Law still overlooks sociological factors and lacks a social justice perspective.
This construction of criminal law leads to unequal application of justice.
Individuals with economic and intellectual resources may escape liability by exploiting weaknesses, while coastal women who are only passively involved can still face differentiate proportional responsibility.
In the absence of a sociological and gender-sensitive environmental criminal law, the justice delivered remains merely formal rather than substantive.
This stands in contrast to the principles of ecological and social environmental protection, including the safeguarding of marine ecosystems.
Perpetrator Analysis Victim:
Normative From the standpoint of positive law, especially as stipulated in Law Number 32 of 2009 on Environmental Protection and Management (UU PPLH), any individual who engages in actions that cause environmental damage may be subjected to punishment.
(Efendi.
A This provision reflects a strict liability principle, where law enforcement primarily emphasizes the act .
ctus reu.
and its resulting consequences, without considering the motives or personal background of the offender (Martana Thus, from a normative standpoint, women involved in distributing fish caught through illegal methods, or in facilitating destructive marine activities such as the use of fish bombs, banned fishing equipment, or the disposal of waste into the sea, may be classified as perpetrators of environmental crimes.
Normatively.
Articles 98 and 99 of the UU PPLH explicitly distinguish between intentional and negligent thereby reaffirming that individual criminal responsibility is faultbased.
In this regard, the prosecution must demonstrate not only the occurrence of environmental damage .
ctus reu.
but also the defendantAos culpable mental state.
Strict liability tends to operate more LPPM STIH Putri Maharaja Payakumbuh - 34 JCH (Jurnal Cendekia Huku.
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Year 2026 prominently in cases involving corporate actors, as reflected in Article 116, where corporate entities and their management may be held responsible without the same individualized inquiry into subjective Therefore, environmental offenses with strict liability risks oversimplifying the doctrinal structure of the law and mischaracterizing the scope of individual accountability.
Nevertheless, in practice, law enforcement often emphasizes the occurrence of environmental harm rather than thoroughly examining the degree of individual fault or the socio-economic context surrounding the accused.
As a result, women involved in distributing fish caught through illegal methods or in facilitating destructive marine activitiesAi such as the use of fish bombs or banned fishing equipmentAimay be prosecuted as participation is established.
Although the law formally requires proof of fault, the assessment of mens rea is frequently inferred from participation alone, without deeper scrutiny of coercion, dependency, or limited awareness.
The author contends that this approach does not truly represent substantive justice.
Justice should not be assessed solely by the formal application of the law, but also by how far the law considers the social realities of the people involved (Johan Nasution 2.
In the case of coastal women in regions like East Aceh, their participation in activities legally classified as environmental crimes is not always driven by free will.
Instead, their involvement often represents a response to structural pressures such as opportunities, economic dependence on 35 - P-ISSN: 2355-4657.
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husbands or families, and the absence of legitimate and sustainable livelihood When women take on the role of distributing illegal catches, they often act as intermediaries or small-scale sellers with minimal profit margins, while the beneficiaries behind these unlawful activities evade prosecution.
In such cases, women are not the primary initiators of environmental destruction but merely part of the distribution network, driven by economic hardship and the lack of effective social control over marine Additionally, many coastal women become involved due to domestic pressures, carrying out the orders of husbands or family members to fulfill basic household needs.
Within this patriarchal context, women have very limited bargaining power, even in matters with legal consequences.
When the legal system treats them the same as the main perpetrators without distinction, it further deepens the injustices they already face.
Moreover, limited awareness of legal and environmental issues is also a crucial In many coastal communities, legal information does not reach all segments of society equally, especially women, who are frequently left out of outreach and training programs.
As a environmentally harmful activities is closely tied to a lack of education about the legal repercussions and ecological This reflects a clear form of structural victimization (A Ezzat Fattah 1.
where women are victims of a social and economic system that does not Rika Afrida Yanti.
Muhammad Natsir.
Liza Agnesta Krisna: Coastal Women As.
provide them with fair and dignified In light of the above, the criminalization of coastal women requires careful consideration.
A purely legalistic approach that neglects social and gender dimensions risks penalizing the very group that ought to be protected.
Hence, the legal system should adopt a differentiated sentencing approach that considers the level of culpability .
ens re.
, the role in the offense .
hether as a primary actor, accessory, or someone acting under pressur.
, as well as the offenderAos (Rafillah 2.
One possible approach is restorative justice, which prioritizes repairing harm and empowering the community over merely imposing punitive sanctions (Nugroho 2.
In the context of coastal women, this approach can be realized in the form of alternative economic training, social rehabilitation programs, or social work that is beneficial to the community, without having to plunge them into a gender-unfriendly correctional system.
Therefore, from the perspective of normative legal analysis that incorporates the dimension of social justice, coastal women involved in cases of marine destruction should not be regarded solely as offenders.
They are also victims of unequal social and economic structures.
For this reason, differentiating between active and passive actors is essential to ensure that the law functions as an instrument of justice, rather than a blind tool of punishment that deepens existing social injustices.
Substantive and Restorative Justice in Law Enforcement for Coastal Women in Cases of Marine Environmental Destruction Substantive justice is founded on the idea that justice cannot be achieved merely through equal application of the law, but must also consider the structural conditions that shape an individualAos actions (Haryono 2.
In unequal social systems, such as impoverished coastal communities in East Aceh, women frequently do not have complete freedom to opt for legally permissible actions.
Substantive justice demands that law enforcement take into account factors such as: (Seregig 2.
Poverty and economic dependence, where women have no viable employment opportunities other than Power imbalances within the household or community, where women are compelled to act according to the decisions of men .
uch as husbands, fathers, or community leader.
Limited education and access to information, leaving women unaware that their actions are illegal or damaging to the environment.
Within this framework, coastal women are seen not merely as Ailegal offendersAn deserving punishment, but also as Aisystemic victimsAn of a social structure that neglects to protect and empower The substantive justice becomes clearer when examining judicial practice, particularly decisions recorded in the Direktori LPPM STIH Putri Maharaja Payakumbuh - 36 JCH (Jurnal Cendekia Huku.
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Year 2026 Putusan Mahkamah Agung environmental crimes.
One relevant example is Mahkamah Agung Decision No.
12201 K/PID.
SUS-LH/2025, dated 19 December 2025, involving Harsina binti Alm.
Afui as the defendant in a special environmental crime case.
Although the published register does not detail the full reasoning in the abstract, the classification under Pidana Khusus Lingkungan Hidup shows that women are being processed at the highest judicial level for environmental offenses without clear differentiation of their degree of involvement, intent .
ens re.
, or economic pressures underlying their The focus remains on participation and resulting harm Ai rather than assessing whether the woman was a principal decision-maker or a subordinate participant influenced by structural This highlights how formal legal reasoning in environmental adjudication may overlook substantive justice considerations, particularly in cases involving structurally vulnerable communities, who may function as orchestrators of environmental harm.
Restorative justice is an approach that emphasizes repairing the harm caused by a crime, rather than solely punishing the offender (Sukardi and Purnama 2.
this approach, handling of legal violations is directed at:
Rebuilding social and ecological relationships rather than seeking Active involvement of offenders, victims, and the community in developing constructive solutions.
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Empowering offenders to prevent them from repeating similar actions due to economic or social pressures.
A review of several environmental judgments further reveals that sentencing patterns tend to prioritize deterrence through imprisonment and fines, even where the defendantAos role is secondary.
Courts rarely explore alternative sanctions that could simultaneously restore ecological damage and address the socioeconomic vulnerability of the This punitive orientation demonstrates the limited incorporation of restorative justice principles within environmental adjudication.
The absence of judicial guidelines differentiating between primary perpetrators and passive participants results in a uniform disproportionately affect women with minimal decision-making power.
In the context of coastal women, a restorative approach can be applied Criminal diversion for women who have only a passive or indirect involvement in the offense.
Offering alternative sanctions, such economic rehabilitation programs, in place of imprisonment.
Facilitating community to foster ecological awareness and a shared sense of This approach has been recognized and has begun to be applied in juvenile law (Law No.
11 of 2.
, and its Rika Afrida Yanti.
Muhammad Natsir.
Liza Agnesta Krisna: Coastal Women As.
environmental law as a form of humanistic and transformative criminal innovation (Nashir.
Maharani, and Zafira Normatively.
Indonesian law does not explicitly accommodate a substantive or restorative justice approach in the context of environmental and gender law.
Therefore, according to the author, this is Revising criminalization policies by creating specific guidelines for addressing violations committed by vulnerable groups, including women Applying selectively in marine environmental cases involving female offenders who are not the primary actors.
Aligning the PPLH Law, the Criminal Code, and the principles of justice in CEDAW to ensure sentencing is non-discriminatory.
Promoting community-based legal empowerment by engaging women in environmental legal education, raising awareness of ecological impacts, and providing access to legal aid.
CONCLUSION
This study addressed two principal issues: .
how environmental criminal law normatively constructs coastal women as perpetrators in cases of marine environmental destruction.
how law enforcement should be reoriented to achieve substantive and restorative justice in such cases.
First, from a normative standpoint.
Law Number 32 of 2009 on Environmental Protection Management (UU PPLH) formally requires proof of fault .
ens re.
for enforcement often emphasizes the fulfillment of material elements .
ct and resul.
without sufficiently examining structural vulnerability.
The legal construction does not clearly differentiate between primary decision-makers .
uch as vessel owners or financier.
and passive or economically dependent actors, including coastal women.
As a result, women who play marginal or subordinate roles may still be classified and punished as full perpetrators under the doctrine of This demonstrates that the existing framework of environmental criminal law remains formalistic and insufficiently responsive to gender and socio-economic realities.
Second, in order to realize substantive justice, law enforcement must move beyond rigid retributive approaches toward a more contextual and proportional model.
Coastal women involved in marine environmental cases should be assessed based on their degree of culpability, level of participation, and structural constraints, including poverty, economic dependence, and limited legal awareness.
Restorative justice offers a relevant alternative by socioeconomic empowerment rather than solely imprisonment.
Therefore, reform is needed at both the normative and practical levels, including sentencing guidelines that recognize vulnerable groups, selective application of restorative mechanisms, and harmonization with gender equality principles.
Ultimately, genuine environmental justice in coastal regions cannot be achieved if the law treats structurally vulnerable women as isolated offenders detached from their LPPM STIH Putri Maharaja Payakumbuh - 38 JCH (Jurnal Cendekia Huku.
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A humane, gender-sensitive, context-based criminal justice approach is essential to ensure that environmental protection does not reproduce social injustice.
BIBLIOGRAPHY