by: Eko Prasetyo*
Large-scale environmental destruction, known as ecocide, is not just an ecological problem but also a serious violation of human rights. Ecocide is often the result of systemic corruption, exacerbating environmental impacts and harming vulnerable groups who depend on nature. This combination of ecocide and corruption creates a major challenge for environmental protection and the fulfilment of basic human rights.
Ecocide: A systemic threat
Ecocide refers to actions that cause severe, widespread and long-term environmental damage. The term began to be used in the 1970s to describe the impact of war and industrial exploitation on the environment, such as the use of chemicals in the Vietnam War. Today, ecocide is increasingly recognised as a form of crime against the environment, with many pushing for its recognition in international legal frameworks.
In 2021, the Stop Ecocide Foundation defined ecocide as “unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts”. This definition has motivated countries such as Vanuatu, Fiji and Samoa to submit proposals to the International Criminal Court (ICC) to include ecocide in the Rome Statute.
While international recognition is still a work in progress, some countries have already taken the first step. Currently, 15 countries, such as France, Russia, and Ecuador, have regulated ecocide in their laws, with another seven countries in the process of formulating it.
Corruption as an obstacle to environmental protection
In Indonesia, corruption has become a root problem that exacerbates environmental damage. Corrupt practices, whether in the form of bribery, lobbying, or policy manipulation, allow violations of environmental regulations to proceed unimpeded. For example, illegal logging, pollution from industrial waste, and exploitation of natural resources are often sanctioned by officials who “win” personal gain over ecosystem interests.
The impact of this corruption is systemic. First, it weakens environmental law enforcement. When officials who are supposed to protect the environment become part of the problem, oversight becomes ineffective. Second, corruption encourages exploiting natural resources without regard for their ecological impact. In this situation, environmental balance is sacrificed for short-term gains.
The case of illegal tin mining by PT Timah Tbk with private parties is a clear example of how corruption impacts ecological damage. State losses reached Rp271 trillion, most caused by damage to forests and non-forest areas. The cost of restoring this case’s ecological and economic environment is also very high, reflecting the complexity of the problems that must be faced.
The State as Nature’s Guardian
In the Indonesian constitution, Article 33 Paragraph (3) of the 1945 Constitution says that the state controls natural resources for the greatest prosperity of the people. This principle is known as the doctrine of “public trust,” which places the state as the guardian of nature, not its owner. As a trustee, the state is responsible for protecting, managing and restoring the environment for the welfare of the people and future generations.
However, this responsibility is often hampered by a lack of commitment and weak scientific evidence-based policies. Development policies often prioritise exploiting natural resources without considering environmental sustainability. International principles such as polluter pays, and precautionary principles should be applied more strictly to address this.
In addition, an evidence-based policy approach should be the cornerstone of environmental policy design. For example, sustainable spatial planning, in-depth ecosystem research, and investment in green technology should be prioritised. Strengthening customary laws in line with environmental protection can also be an effective solution, especially for maintaining biodiversity at the local level.
Estimated losses are incalculable
Losses due to environmental damage include financial aspects and ecological losses that are difficult to measure in material terms. For example, forest destruction due to mining not only destroys ecosystems but also affects the quality of life of surrounding communities. These losses become more complex as the impacts are often long-lasting and difficult to fully recover from.
The concept of the state as guardian of nature provides a foundation for designing policies that not only focus on recovering material losses but also prioritise ecosystem sustainability. For example, the environmental recovery costs calculated in the illegal tin mining case include ecological losses of IDR157 trillion. This figure reminds us that environmental damage costs far beyond economic loss alone.
Tackling ecocide and corruption requires commitment from all parties. The state must lead with policies that support sustainability, including institutional reforms that are more transparent and accountable. Businesses must take responsibility for the environmental impacts of their activities, while communities must be empowered to play an active role in maintaining ecosystems.
At the global level, international cooperation is needed to strengthen regulations that protect the environment. Recognising ecocide as an international crime can be an important step in holding perpetrators of environmental crimes accountable.
Enforcing the right to a good and healthy environment is a legal obligation and part of the moral responsibility to maintain the earth’s sustainability. By prioritising the environment, Indonesia can take on the role of a global leader in fighting the environmental crisis. The legacy we leave today will be the foundation for the lives of future generations.
*Researcher at the Center for the Study of Religion & Democracy
and Lecturer at the Faculty of Law, Universitas Islam Indonesia
eko.prasetyo [at] uii.ac.id
The views expressed in this article are those of the author and do not necessarily represent the opinion or policy of tanahair.net.
