The Criminalization of Environmental Harm: Theoretical Perspectives in the European Union

Krisztina Ficsor — 2024-12-11

Climate change poses a serious threat to the health and well-being of people and the environment and is one of the most pressing issues facing the European Union today. The damage caused by rising global temperatures, extreme weather events, and the resulting environmental degradation are not only ecological concerns but also directly impact human life. The greatest challenge for states worldwide is to find out how to combat climate change and its consequences with legislation. This situation demands a reevaluation of legal liability in the context of environmental harm. Traditional legal approaches often focus on punishing individual transgressions and direct harm, but climate change and environmental damage are collective and long-term problems that require a more systemic approach. The complexity of the problem comes from the fact that climate change and its serious consequences are the result of human action. However, most of these actions are legal. The special features of environmental harm and damage must encourage governments to reconsider the concept of legal liability and other general issues concerning the function of law. With normative legal methodology, this essay elaborates on these issues from the perspective of European Criminal Law and the criminalization of environmental harm.

Indonesia-Singapore Realignment Agreement 2022: Quo Vadis Indonesia’s Air Sovereignty, Defense and Security?

Yaries Mahardika Putro — 2024-12-17

In 2022, after a 76-year wait, Indonesia finally witnessed the fruition of the Agreement on the Realignment of the Jakarta Flight Information Region and the Singapore Flight Information Region. However, President Jokowi's statements created ambiguity, leading to widespread misconceptions that Indonesia's airspace sovereignty over the Riau Islands and Natuna was only established during his tenure through the FIR agreement in 2022. This research aims to evaluate the impact of the airspace adjustment agreement ratified in 2022 between Indonesia and Singapore on Indonesia's air sovereignty and explore potential legal remedies. The research methodology encompasses normative legal analysis, including statutory, conceptual, and historical approaches. From a sovereignty standpoint, the FIR agreement in 2022 has implications for violating Indonesia's airspace sovereignty. Past sovereignty violations resulting from the 1995 FIR agreement could resurface post-2022. Civil-military cooperation in air traffic management is needed to restore Indonesia's compromised airspace sovereignty fully. Moreover, the agreement's 25-year duration conflicts with Law Number 1 of 2009 on Aviation. To rectify this, a crucial legal step involves establishing a takeover agreement, rather than a mere realignment, of the FIR from Singapore, followed by ratification through legislation. The public can engage in a judicial review of Presidential Regulation No. 109 of 2022 at the Supreme Court. Additionally, it is imperative to advocate for creating an Airspace Management Bill to address these complex airspace sovereignty concerns.

Prophetic Law Review

The Criminalization of Environmental Harm: Theoretical Perspectives in the European Union

Indonesia-Singapore Realignment Agreement 2022: Quo Vadis Indonesia’s Air Sovereignty, Defense and Security?