The Sentencing System of the Offences Against Blue Carbon Ecosystems: An Overview from Criminal Policy and Islamic Perspective

DOI

10.2991/978-2-38476-218-7_68How to use a DOI?

Keywords

Blue Carbon Ecosystems; Criminal Policy; Islamic Law; Maqasid Sharia; Sentencing System

Abstract

The research aims to analyze the sentencing system of the offences against the blue carbon ecosystems not only from the perspective of criminal policy but also from the Islamic perspective using the concept of maqosid sharia and maslahah. This is a doctrinal legal study using statutory, conceptual, and comparative approaches to not only address the raised legal problems but also to analyze the solutions. The result of this study shows that the sentencing system of the offences against the blue carbon ecosystem is regulated in Article 73 paragraph (1) points a, b, c, and paragraph (2). However, from the point of view of criminal policy, to enhance the effectiveness of the offenses’ enforcement, the mentioned article should be revised by accommodating the deterrence sentencing theory, which is in accordance with the principle of sustainability. Regarding the Islamic perspective, protecting blue carbon resources is part of maqasid sharia and maslahah implementation. Any destructive action to the blue ecosystems is considered a crime against maqasid sharia and can be imposed ta’zir. Every measure to strengthen the sentencing for the perpetrator both individual offenders and corporations is in accordance with the Islamic perspective.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ayu Izza Elvany
AU  - Ahmad Sadzali
PY  - 2024
DA  - 2024/02/22
TI  - The Sentencing System of the Offences Against Blue Carbon Ecosystems: An Overview from Criminal Policy and Islamic Perspective
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 408
EP  - 413
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_68
DO  - 10.2991/978-2-38476-218-7_68
ID  - Elvany2024
ER  -