Legal Literacy - In line with the enactment of the National Criminal Code (KUHP) and the enactment of the new Criminal Procedure Code (KUHAP) (Law Number 20 of 2025) which came into effect on January 2, 2026, the law enforcement system in Indonesia is on the verge of a major transformation. This new era not only brings changes at the procedural level, but also demands legal certainty and sharpness of paradigm, especially when our justice system is faced with white-collar crime intertwined with ecocide crimes: corruption in the Natural Resources (SDA) sector.
As a student and observer of justice, I highlight one fundamental debate that is currently consuming the most energy in our courtrooms:Where is the firm demarcation line between the concepts of 'State Financial Loss' and 'Environmental Loss'? This question is not just an academic semantic debate. The confusion of law enforcement officials—from investigators, public prosecutors, to judges—in drawing the line between these two regimes has given rise to decisions that nominally appear fantastic, but ecologically fail to restore nature, and dogmatically have the potential to violate the principle of ne bis in idem.
Constitutional Dilemma: Between Financial Balance and Ecological Sustainability
Constitutionally, the 1945 Constitution as our constitution places environmental preservation and protection of state assets on an…
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