RIVERBANK EXPLOITATION FROM AN ENVIRONMENTAL CRIMINAL LAW PERSPECTIVE

Abstract

Riverbank areas serve a vital role as an integral part of the ecosystem and support community life, both ecologically, socially, and economically. However, in practice, these areas are often subject to exploitation, disrupting the environmental balance due to illegal activities such as unauthorized development, illegal mining, and land conversion that violates environmental carrying capacity. This phenomenon triggers serious environmental degradation, including pollution, erosion, and increased risk of natural disasters. This study examines this phenomenon from an environmental criminal law perspective, using a normative approach that focuses on the analysis of relevant laws, doctrines, and legal principles. Through a legislative and conceptual approach, this study finds that although legal instruments governing the protection of riverbank areas are available, their implementation still faces challenges such as weak law enforcement and the dominance of administrative approaches over criminal ones. However, an environmental criminal law approach is essential to create a deterrent effect, ensure environmental recovery, and provide legal protection for the community's right to a healthy environment. Therefore, it is necessary to strengthen criminal law instruments, increase the capacity of law enforcement officers, and integrate principles such as strict liability, ultimum remedium, and corporate criminal liability to prosecute perpetrators of environmental destruction. This study recommends reformulating law enforcement strategies to be fairer and more sustainable in order to safeguard the sustainability of riverbank areas as part of the environmental rights of current and future generations.