Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)

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Biodiversity Conservation and Islamic Sentencing: An Analysis of Court Rulings on Offences against Sanctuary Reserve Areas

Authors
Ayu Izza Elvany1, *, M. David Hanief2
1Department of Criminal Law, Faculty of Law, Universitas Islam Indonesia, Yogyakarta, Indonesia
2Faculty of Law, Universitas Islam Indonesia, Yogyakarta, Indonesia
*Corresponding author. Email: ayu.izza@uii.ac.id
Corresponding Author
Ayu Izza Elvany
Available Online 18 November 2025.
DOI
10.2991/978-2-38476-491-4_10How to use a DOI?
Keywords
Islamic Sentencing; Sanctuary Reserve Areas; Sentencing Theory
Abstract

This research aims to analyse whether judicial decisions regarding offenses against sanctuary reserve areas align with the principle of biodiversity conservation by scrutinizing the restoration-based sentencing and Islamic sentencing. This doctrinal research employs both statutory and case approaches to comprehensively analyze the legal norms related to the proposed legal issue, elaborating on the relevant provisions regarding offenses against sanctuary reserve areas. The findings of this study indicate that restoration as the purpose of sentencing aligns with the objective of Law Number 5 of 1990 on the Conservation of Biological Resources and their Ecosystems Act (the CBRE Act), yet none of the court judgments employ the theory of restoration. When the offences against sanctuary reserve areas are committed, thereby, the court rulings should consider the goal of restoring the destroyed sanctuary reserves in imposing criminal penalties on the offender. Likewise, from the perspective of Islamic sentencing, the judges shall consider the restoration purpose in imposing criminal penalties on the perpetrator of environmental crimes, including sanctuary reserve offences that are categorised as jarimah ta’zir, to not only preserve the biological resources as well as their habitats, but also achieve human welfare, as encompassed in maqasid sharia.

Copyright
© 2025 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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Volume Title
Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
18 November 2025
ISBN
978-2-38476-491-4
ISSN
2352-5398
DOI
10.2991/978-2-38476-491-4_10How to use a DOI?
Copyright
© 2025 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.

Cite this article

risenwbib
TY  - CONF
AU  - Ayu Izza Elvany
AU  - M. David Hanief
PY  - 2025
DA  - 2025/11/18
TI  - Biodiversity Conservation and Islamic Sentencing: An Analysis of Court Rulings on Offences against Sanctuary Reserve Areas
BT  - Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
PB  - Atlantis Press
SP  - 105
EP  - 116
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-491-4_10
DO  - 10.2991/978-2-38476-491-4_10
ID  - Elvany2025
ER  -