Sasongko.
Mochamad Agung.
Kosuke Mizuno.
Suyud Warno Utomo, and Raldi Hendro Koestoer.
AuEIA in Strengthening Law Enforcement and Penalties: A Case of Corruption in Natural Resource Sector,Ay Hasanuddin Law Review 10 no.
: 292-303.
DOI: 10.
20956/halrev.
HasanuddinLawReview Volume 10 Issue 3.
December 2024 P-ISSN: 2442-9880.
E-ISSN: 2442-9899
This work is licensed under a Creative Commons Attribution 4.
0 International License EIA in Strengthening Law Enforcement and Penalties: A Case of Corruption in Natural Resource Sector Mochamad Agung Sasongko1.
Kosuke Mizuno2.
Suyud Warno Utomo3.
Raldi Hendro Koestoer4 1 School of Environmental Science.
University of Indonesia.
Indonesia.
E-mail: masasongko@gmail.
2 Center for Southeast Asian Studies.
Kyoto University.
Kyoto.
Japan.
E-mail: mizuno@cseas.
kyoto-u.
3 School of Environmental Science.
University of Indonesia.
Indonesia.
E-mail: suyudwarno@gmail.
4 School of Environmental Science.
University of Indonesia.
Indonesia.
E-mail: ralkoest@yahoo.
Abstract: Corruption in Indonesia's natural resource sector is a significant issue with far-reaching consequences for environmental sustainability.
Despite the detrimental effects of corrupt practices on the environment, law enforcement penalties for corruption often fail to compensate for their environmental The aim of the study is to explore how the use of Environmental Impact Assessments (EIA.
strengthens law enforcement efforts and increase penalties for corrupt practices in Indonesia's natural resource sector.
The method used is to collect and analyze regulations, policies, and corruption study cases to examine the relationship between EIA and corruption penalties.
The results showed that EIA can help corruption cases investigation and corruption cases involving EIA receive heavier penalties.
This study concluded that the Indonesian government needs to reformulate its law enforcement approach by incorporating EIA into corruption investigations and using more severe penalties to deter corruption in the natural resource sector.
Keywords: Environmental Impact Assessment.
Corruption.
Environmental Law.
Natural Resource Introduction Corruption has been a longstanding issue in Indonesia's natural resource sector and frequently reported with cases of bribery, extortion, and illegal practices in the industries of mining1, logging2, oil and gas3.
While the natural resources in Indonesia have been a source of wealth and economic growth, it has also been the source of social conflicts and environmental problems.
For example, the processes of issuing permits in the sector of Mori.
Impact of the china-induced coal boom in indonesia: A resource governance ChinaAos climate-energy policy: Domestic and international impacts .
doi:10.
4324/9781351037587-10
2 Smith.
Obidzinski.
Subarudi.
, & Suramenggala.
Illegal logging, collusive corruption and fragmented governments in kalimantan, indonesia.
Illegal logging: Law enforcement, livelihoods and the timber trade .
doi:10.
4324/9781849771672
3 Riyadi.
Culture of abuse of power due to conflict of interest to corruption for too long on the management form resources of oil and gas in indonesia.
International Journal of Criminology and Sociology, 9, 247-254.
doi:10.
6000/1929-4409.
Hasanuddin Law Rev.
: 292-303
mining, forestry4, oil and gas5 were often not transparent to the public.
As a result, this situation led to the chance to do corruption.
In addition, the weakness of enforcing the regulations and the lack of effective monitoring mechanisms worsened this problem.
Corruption in the natural resource sector affects not only the environment but also the Deforestation, soil erosion, water pollution, and loss of biodiversity are some of the environmental consequences of corruption in the forestry and mining industries 7.
However, the depletion of natural resources also has negative social impacts, such as the displacement of indigenous communities8 and the growing number of social conflicts9.
In response to these issues, the Indonesian government has introduced several measures to address corruption in the natural resource sector, including the establishment of the Anti-Corruption Commission10 and the revision of the Mining Law11.
However, corruption remains a significant challenge, and there is a need for stronger law enforcement and regulatory measures to ensure the sustainable use of Indonesia's natural resources.
Moreover, law enforcement penalties for corruption often fail to account for the environmental damage caused by corrupt practices so that this condition perpetuated the cycle of corruption and environmental degradation 12.
Therefore, this study aims to explore how the use of Environmental Impact Assessments (EIA.
strengthen law enforcement efforts and increase penalties for corrupt practices in Indonesia's natural resource sector.
4 Ifrani, & Nurhayati.
The enforcement of criminal law in the utilization and management of forest area having impact toward global warming.
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P-ISSN: 2442-9880.
E-ISSN: 2442-9899
Environmental Impact Assessment (EIA) and its Significance Environmental Impact Assessment (EIA) is a process of evaluating the potential environmental impacts of a proposed project or development.
13 It is a critical tool for ensuring that environmental considerations are taken into account in decision-making processes, and it is widely used by governments, private companies, and nongovernmental organizations around the world.
14 EIA is useful for ensuring compliance with national and international environmental and social standards, regulations, and EIA also mitigates negative impacts by providing recommendations for monitoring, management, and mitigation measures implemented during project design and construction, operation, and closure phases.
Overall, there are six techniques used in Environmental Impact Assessment (EIA).
Firstly, the field survey16 which involves collecting data directly at the project site through observations, interviews, and measurements to evaluate potential environmental 17 Secondly, the use of analysis of secondary data which involves collecting and analyzing existing data18, such as meteorological data, land use data, and environmental data19 that already existed20 before the project began.
Thirdly, the analysis of satellite 13 Glasson.
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Distilling and applying criteria for best practice EIA follow-up.
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Urban watershed management prioritization using the rapid impact assessment matrix (RIAM-UWMAP).
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Environmental impacts of community-based home stay ecotourism in Nepal.
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Global environmental impacts: data sources and methodological choices for calculating normalization factors for LCA.
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image21 or remote sensing,22 where this technique uses satellite or aircraft imagery23 to obtain information on environmental conditions before the project begins 24, map sensitive or important areas that need to be protected 25, and monitor the project's impact26 on the environment.
Fourthly, the modelAos simulation that involves using mathematical27 or computer simulation28 models to predict29 the potential environmental impacts of the project.
Fifthly, the risk analysis where it is used to identify and evaluate potential environmental and public health risks of the project.
30 Lastly, environmental economic analysis where it involves the use of economic analysis to financially evaluate the impacts of a project on the environment and public health.
A combination of these techniques helps to obtain comprehensive information on the potential impacts of a project on the environment and public health.
Choosing the most appropriate technique depends on the characteristics of the project and the environment that will be assessed.
EIA is important in natural resource corruption cases because it will determine the environmental impact caused by an act of corruption.
Even though EIA is not used to 21 Kumar.
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Environmental impact assessment of limestone quarry using multispectral satellite imagery.
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Ecological Indicators, 122, 107264.
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Remote sensing of the Grand Ethiopian Renaissance Dam:
a hazard and environmental impacts assessment.
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Chiang Mai.
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determine whether the environmental damage has occurred, it is used to identify and evaluate the potential environmental impacts of a project before the project is implemented and executed.
Therefore, the main objective of EIA is to prevent or minimize environmental impacts that may occur due to project implementation.
Nonetheless, the results of an EIA provide useful information in determining whether the environmental damage has occurred.
The EIA provides a description of the environmental conditions before the project is implemented, including the potential impacts that may occur if the project is implemented.
After the project is implemented, monitoring and evaluation is used to assess whether the impacts are in line with the results of the EIA, and whether environmental damage has occurred.
Method This study explores how EIA is used in handling corruption crimes.
Namely by studying a case of corruption in the natural resources sector using EIA.
The study was carried out by analyzing case dossier.
Case Dossier is a document with limited access which contains the results of the entire series of investigative processes in the form of investigative administration which includes recording, reporting, making minutes, correspondence and data collection which are compiled, bound, covered, sealed/locked and stapled neatly to be handed over from the investigator to prosecutor.
The important reports analyzed are the reports of expert witnesses who prepared reports on the EIA techniques The environmental analysis carried out is evaluated based on environmental regulations applicable in Indonesia.
Next, a comparison of court decisions is carried out in order to show that the use of EIA can increase the punishment of corruption perpetrators.
The court decisions that were analyzed were natural resource corruption cases handled by the KPK from 2007 to 2018 with more than 30 people convicted.
We compared prison sentences, fines and restitution imposed by courts.
This study is limited to descriptive, statistical analysis of similarities and differences in the locus of delicti and location of trials, as well as the types of criminal charges brought against the defendants.
We also checked the profiles of the Case Study of the EIA Implementation on Corruption Case in Indonesia This research selected one corruption case that was handled by the Indonesian Corruption Eradication Commission (CEC) since 2017 and had been finalized in court in It was the corruption case of nickel mining license in southeast Sulawesi Indonesia with NA .
s the suspectAos initia.
, the former governor of southeast Sulawesi.
This case is related to the abuse of authority in approving and issuing the Mining Permit in Southeast Sulawesi province in 2008-2014.
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This case could act as an ideal study case because it is the first corruption case in Indonesia that used EIA in the investigation and prosecution process.
In this context.
EIA was used to prove how the act of corruption have an impact on environmental damage.
Some techniques used in investigations are: .
Satellite Image Analysis or Remote Sensing for land cover analysis.
Field Survey for environmental damage analysis with physical and biological aspect criteria.
Environmental Economic Analysis.
Satellite image analysis for land cover analysis Corruption in mining licenses in Southeast Sulawesi has an impact on changing the land Remote sensing was conducted in mining areas where the mining permits were issued illegally.
June 28th, 2009 .
Oktober 19th, 2015 Picture: Satellite Image (National Institute of Aeronautics and Space of Indonesia, 2.
Figure .
shows the results of overlaying the Exploration Map and the Forest and Waters Area Map of Southeast Sulawesi Province with Landsat imagery dated June 28, 2009.
The overlaying method was carried out to show the condition of the land cover before the issuance of the Exploration Permit.
It showed that the land cover condition prior to the issuance of Exploration Permit and Production Operation Permit was still dominated by vegetated land .
epicted in green colo.
Then, the figure .
showed the results of the overlay with the Landsat image recorded on October 19, 2015.
Based on the figure .
, the mine openings/areas in the image were whitish to reddish in color.
In addition, based on this image, it appeared that the Production Operation permit area overlapped with the Other Use permit Areas.
Limited Production Forests, and Protected Forests.
The next analysis was to measure the estimated area of the mine that caused the loss of land cover.
The measurement results yielded an estimated total area of 357,20 hectare P-ISSN: 2442-9880.
E-ISSN: 2442-9899 Field survey for environmental damage analysis The results of the analysis of environmental damage in mining areas with illegal licenses were shown in the table below:
Table 1.
Environmental Damage Physical and biological aspect
Vegetation Soil solum
Erosion
Topography Damage criteria
< 50 %
< 50 cm > 0,9 mm >40% Result No vegetation found 0 cm.
No soil solum found soil erosion 20-30 cm rocks on the surface 70-80% Conclusion: There is environmental damage Source: Wasis, 2017 with modification.
The results of the field survey conducted by expert witnesses showed that all aspects of environmental damage, namely vegetation, soil solum, erosion and topography were above the threshold for damage criteria.
So it can be concluded that environmental damage has occurred at the location where the observation was made.
Environmental economic analysis The area of environmental damage due to activities was 357,20 hectares as estimated by satellite imagery.
Based on the valuation method, the environmental damage that occurred caused losses worth USD 288,741,408.
55 with details as shown in Table 2.
Table 2.
Environmental Damage Loss Aspect Value (USD) Ecological Loss Revive the function of the water system Cost of water management Erotion control Land formation Nutrient recycler Waste decomposer Loss as a result of biodiversity and genetic resource losses Cost of biodiversity loss Cost of losing genetic resources Loss due to the release of carbon to air Economic Loss Restoration Cost Total 20,808,951.
545,732.
143,550.
11,962.
110,294.
10,407.
64,597.
9,809.
773,021.
83,492,548.
182,770,530.
288,741,408.
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Comparison of Penalties with and without Consideration of Environmental Impacts Since its establishment in 2002, the CEC has successfully prosecuted several corruption cases related to natural resources and brought 30 defendants to justice.
But in these cases, the impact of environmental damage has not been considered.
The average and median final and binding prison sentence .
n krach.
in the 30 cases was five years, yet the recovery and return of state losses and profits are typically only a small fraction of the overall impact.
A summary of the sentencing decisions, including consideration of environmental impacts, is presented in Table 3 .
Table 3.
Comparison with and without consideration of environmental impact
Year
Names of suspect are disguised by using initials Verdict
State Financial Losses (USD) Sentence Prison
Fine (USD) Restitutio
(USD)
Without EIA SAF.
Former Governor of East Kalimantan TAJ.
Former Regent of Pelalawan AR.
Former Head of Riau Forestry AAN.
Former Member of the House of Representatives 2011 AA, .
Former Regent of Siak ST.
Former Head of Riau Forestry BH.
Former Regent of Kampar 23,120,000.
4 years 80,000,000.
11 years 59,266,666.
5 years 8 years 20,066,666.
4 years 10,200,000.
5 years 34,600,000.
2013 SHM.
CEO PT HIP & PT CCM
2013 AAB.
Former Regent of Buol Average 16,666.
33,333.
820,000.
16,666.
100,000.
16,666.
16,666.
56,666.
16,666.
2 years 6 33,333.
2 years 8 13,333.
7 years 6 33,333.
5 years 21,851.
200,000.
With EIA NA.
Former Governor of Southeast Sulawesi 12 years 66,666.
180,000.
Sources: Authors' data processing Table 3 provides a summary of sentencing decisions in corruption cases, both with and without consideration of environmental impacts.
The analysis reveals that punishments for corrupt acts that take into account environmental impacts are generally more severe than those that do not.
Specifically, the average prison sentence for corruption cases involving environmental damage is 12 years, which is considerably longer than the average sentence of approximately 5 years for cases that do not take into account P-ISSN: 2442-9880.
E-ISSN: 2442-9899
environmental impacts.
Similarly, the fine penalty for cases involving environmental damage is USD66,666.
67, which is significantly higher than the fine penalty of USD21,851.
85 for cases without consideration of environmental impact.
These findings demonstrate the importance of considering environmental impacts in corruption cases to ensure that the punishment is commensurate with the severity of the crime and the harm caused.
Despite the importance of EIA in combating natural resource corruption in Indonesia, there are several challenges and limitations in its implementation.
One major challenge is the limited availability of environmental experts who are willing to provide expert testimony in corruption cases, partly due to pressure from litigants.
Another significant limitation is the additional time and cost required to conduct EIAs in corruption cases.
These challenges and limitations hinder the effective application of EIA in anti-corruption efforts, underscoring the need for measures to address these issues and ensure that environmental considerations are adequately incorporated into the anti-corruption Conclusion The results of this study showed that EIA can help corruption cases investigation by some EIA techniques.
Some techniques used in investigations are: .
Satellite Image Analysis or Remote Sensing for land cover analysis.
Field Survey for environmental damage analysis with physical and biological aspect criteria.
Environmental Economic Analysis.
The punishments for corrupt acts that take into account environmental impacts are generally more severe than those that do not.
Specifically, the average prison sentence for corruption cases involving environmental damage is 12 years, which is considerably longer than the average sentence of approximately 5 years for cases that do not take into account environmental impacts.
Similarly, the fine penalty for cases involving environmental damage is USD66,666.
67, which is significantly higher than the fine penalty of USD21,851.
85 for cases without consideration of environmental impact.
Efforts to combat corruption in Indonesia must prioritize environmental damage by utilizing Environmental Impact Assessments (EIA) to determine the extent of harm caused by corrupt activities.
By considering the environmental impact of corruption, law enforcement agencies potentially impose more severe penalties on offenders, thereby serving as a deterrent against future misconduct.
Moreover, the Indonesian government should reformulate its approach to corruption in the natural resource sector by prioritizing environmental protection and strengthening the capacity of law enforcement agencies to investigate and prosecute corruption cases.
This involves revising laws and regulations to ensure stronger environmental protections and promoting transparency and accountability in decision-making processes.
Effective law enforcement is imperative to ensure sustainable development in Indonesia and safeguard the environment and the livelihoods of local communities.
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: 292-303
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