INTEGRATING CUSTOMARY ENVIRONMENTAL LAW INTO CRIMINAL POLICY TOWARD THE RECOGNITION OF NATURE AS A LEGAL SUBJECT

Abstract

This study explores the integration of customary environmental law into national criminal policy as a pathway toward recognizing nature as a legal subject. Rooted in the normative legal method, the research employs conceptual, comparative, and futuristic approaches to examine how traditional ecological wisdom can be harmonized with modern legal frameworks. The conceptual approach investigates the philosophical and juridical foundations of environmental protection that transcend anthropocentric paradigms, emphasizing a shift toward ecocentrism and biocultural justice. Through comparative analysis, the research evaluates the recognition of nature’s legal personhood in several jurisdictions such as Ecuador, Bolivia, Colombia, and New Zealand where rivers, forests, and ecosystems are granted rights and represented legally by guardians or indigenous communities. These models are examined against Indonesia’s living law traditions, including local customs such as sasi in Maluku, pati nyawa in Dayak, and bayar kepala in Papua, which embody restorative and ecological justice principles long before their codification. The futuristic approach projects the potential transformation of Indonesia’s criminal policy under the 2023 Criminal Code and the forthcoming Criminal Procedure Bill, advocating for the inclusion of ecological victimhood and restorative sanctions that protect both human and non-human entities. Employing content analysis, this study reveals that integrating customary environmental law into criminal policy could bridge normative gaps between state law and indigenous ecological ethics, fostering a holistic legal framework that restores harmony between humans and nature. Ultimately, this integration signifies a paradigm shift from punitive anthropocentric justice toward a restorative and ecocentric criminal law system that acknowledges nature’s intrinsic rights and its role as a legal subject within Indonesia’s constitutional and environmental governance structure.