Restorative Justice in Environmental Crime: An Empirical Analysis of Diversion Practices in Indonesia's Mining and Plantation Sectors

Abstract

Environmental crime, particularly in the mining and plantation sectors, has emerged as a critical challenge in Indonesia, causing significant ecological damage and socio-economic harm. Despite the dominance of punitive approaches within environmental law enforcement, there is a growing interest in restorative justice as an alternative framework that emphasizes accountability, victim restoration, and environmental recovery. However, the application of restorative justice through diversion mechanisms in environmental crime remains underexplored, both theoretically and empirically. This study aims to analyze the implementation of restorative justice in environmental crime cases in Indonesia, with a particular focus on diversion practices in the mining and plantation sectors. Employing an empirical socio-legal approach, this research combines qualitative analysis of case studies, regulatory frameworks, and law enforcement practices. Data were collected through document analysis, including court decisions, prosecutorial policies, and environmental regulations, as well as secondary empirical findings reported in recent studies. The findings indicate that while restorative justice has been formally recognized in Indonesia's legal framework, its application in environmental crime remains limited and inconsistent. Diversion practices are often constrained by the absence of clear procedural guidelines, the dominance of retributive legal culture, and the lack of institutional coordination among law enforcement agencies and environmental authorities. Moreover, the interests of affected communities and ecological restoration are not yet fully integrated into the decision-making process. This study argues that restorative justice in environmental crime requires a reconstructed framework that integrates ecological restoration, community participation, and corporate accountability. It proposes a model of "eco-restorative justice" that expands the traditional scope of restorative justice by incorporating environmental recovery as a central objective. This model emphasizes structured diversion mechanisms, multi-stakeholder involvement, and measurable ecological outcomes. The study contributes to the development of environmental criminal law by offering both empirical insights and a normative framework for reform. It also provides policy recommendations for strengthening the role of restorative justice in addressing environmental harm in resource-intensive sectors.