A Critical Reflection on Environmental Damage Restoration and Recompense: An Approach Through Local Wisdom, Green Victimology, and Comparative Law6

Abstract

The study presented herein involves a critical examination of the formulation of restoration and recompense sanctions for environmental damage in Indonesia. Although there are certain legal frameworks – such as Law No. 32/2009 – in place, their implementation has been largely ineffective. This paper explores the potential of incorporating local wisdom, green victimology, and comparative legal approaches. Indigenous practices in Indonesia aligning with the principles of green victimology, which acknowledges both non-human victims. A comparative analysis of legal frameworks in Australia and New Zealand reveals a stronger emphasis on restoration and recompense. The study highlights the need to integrate local wisdom and green victimology and calls for the recognition of broader categories of victims, include the prioritisation of restorative measures within the available legal sanctions.