The Challenges and Opportunities of Environmental Law Enforcement:
A Systematic Review
RUSDIN ALAUDDIN1*, JAMAL HI ARSAD1, ABDUL AZIS DP2, FAISAL FAISAL1,
MULIANI RATNANINGSIH2, MUHAMMAD RUSTAM3
1Faculty of Law,
Universitas Khairun Ternate,
Pertamina Street, Gambesi Ternate,
INDONESIA
2Universitas Pejuang Republik Indonesia,
Baruga Raya Street, Antang, Makasar,
INDONESIA
3Badan Riset dan Inovasi Nasional,
Jakarta,
INDONESIA
*Corresponding Author
Abstract: - Introduction: The formation of environmental law in many countries worldwide will unavoidably be
promoted and coordinated by the non-governmental environmental groups currently in the world. In addition, it
will benefit some developing countries where environmental protection is not a priority, environmental laws are
not well-established, and oversight is not rigorous enough. Objective of research: This paper aims to explore
the challenges and opportunities of environmental law enforcement in many countries in the world. Methods:
A systematic review was used in this study. Based on the Preferred Reporting Items for Systematic Reviews
and Meta-Analyses, this study followed the steps of a systematic review of the literature (PRISMA). The final
sample of 35 publications was analyzed, considering the year of publication, methods utilized, geographical
location, the topic of challenges, and opportunities in enforcing environmental law. Responding to
environmental crime is largely the responsibility of government enforcement and regulatory authorities,
whether at the national, subnational, or municipal levels. Results and Discussion: The primary reaction
agencies in most areas of the world are police, customs and border protection, and environmental regulatory
agencies. To assist developing nations in improving environmental legal instruments and supervision; to
achieve the ultimate goal of regional and even global environmental law coordination; to train relevant persons,
relevant agencies, and other topics in the necessary environmental skills and knowledge; and to transfer and
teach environmental knowledge and law within a specified time frame. Conclusion: Although some countries
have a thorough legislative structure for environmental protection, local government independence and law
enforcement must be improved. The ability of environmental law to serve a purpose is critical in determining
whether the measures should be fully implemented.
Key-Words: - challenge, opportunity, environmental, systematic review, law, enforcement
Received: June 19, 2023. Revised: March 11, 2024. Accepted: April 15, 2024. Published: May 16, 2024.
1 Introduction
The significant increase in the number of
international ecological regulations between 1970
and 2000, from 52 to 215, reflects a growing global
awareness of the importance of environmental
protection and response to emerging ecological
challenges. These developments reflect a response
to a series of increasingly pressing global
environmental crises, as well as a growing
understanding of the interconnections between
human activities, environmental health, and
economic and social well-being, [1].
Indeed, these worldwide environmental laws and
the formation of global ecological law must
constantly draw the substance of various nations'
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DOI: 10.37394/232015.2024.20.19
Rusdin Alauddin, Jamal Hi Arsad,
Abdul Azis Dp, Faisal Faisal,
Muliani Ratnaningsih, Muhammad Rustam
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environmental regulations, which is not difficult for
all countries to accept and embrace. Many countries
have the references and standards to improve their
environmental legislation. As a result, non-official
and cross-border collaboration between
governments is formed through participation in
international environmental treaties. Countries can
exchange cutting-edge technologies, learn from one
another's outstanding experiences, and use domestic
environmental legislation to incorporate ecological
norms into domestic environmental laws and
regulations. The formation of environmental law in
many countries worldwide will unavoidably be
promoted and coordinated by the non-governmental
environmental groups currently in the world. In
addition, it will benefit some developing countries
where environmental protection is not a priority,
environmental laws are not well-established, and
oversight is not rigorous enough, [2].
Building a culture of ecological protection and
environmental law enforcement is an important
element in ensuring that environmental laws have a
real impact, [3]. Effective and comprehensive
environmental education at all levels of society
develops public awareness and appreciation of the
value of the environment. This awareness should
extend from schools to workplaces and
communities, instilling the understanding that every
individual plays a vital role in environmental
protection, [4].
Furthermore, mass media and social campaigns
should disseminate information about
environmentally friendly practices and the
consequences of actions that harm the environment.
A strong culture of ecological protection also
depends on the active involvement of civil society,
including non-governmental organizations and
community groups, in monitoring and reporting
environmental violations, as well as in participation
in environmental policy-making, [5].
However, ecological crimes have risen
significantly in recent years. Environmental crimes
are gaining global attention as more people become
aware of their short- and long-term implications.
Violations of environmental rules and regulations
may occur locally, yet the consequences may be felt
globally. As a result, crimes are recognized as a
severe problem in many forms worldwide, with
some ranking among the most profitable criminal
operations in the world.
The most common environmental crimes involve
illegally exploiting wild wildlife and flora,
pollution, and garbage disposal, [6]. Environmental
crime is a serious global problem, but so-called
developing countries show a higher level of
vulnerability to ecological exploitation. These
factors, particularly about extractive industries and
government-sponsored mega infrastructure projects,
clearly demonstrate their vulnerability. Extractive
industries such as mining, logging, and oil and gas
exploration often operate in these countries. These
activities can result in severe environmental
damage, including deforestation, soil erosion, water
pollution, and biodiversity loss.
Countries in the global south often have weak
environmental regulations or inadequate law
enforcement, making them vulnerable to
irresponsible exploitation of natural resources. In
addition, government-sponsored mega-infrastructure
projects, such as the construction of large dams,
highways, and large-scale agricultural development,
are often undertaken without sufficient
consideration of environmental impacts. These
projects can cause major changes to local
ecosystems, including displacement of communities,
habitat destruction, and environmental pollution.
Economic policies that emphasize rapid growth
often override environmental protection, causing
long-term damage that is difficult to reverse,
[7]. In developing countries, environmental harm
frequently follows fast industrialization.
Previous research, [8], has carried out a
qualitative research method with a juridical-
normative legal approach. The researchers used the
qualitative method to examine concepts and issues
related to environmental law enforcement in
Indonesia and employed the juridical-normative
legal approach to understand the relevant positive
law in the context of environmental law
enforcement.
The research highlights the complexity of
environmental law enforcement in Indonesia, which
covers various dimensions, including material harm,
state administration, and criminal law. However, the
emergence of an ever-evolving variety of motives
and perpetrators of environmental crimes poses the
main challenge. This research proposes that one
solution to overcome this challenge is to apply
progressive law. Progressive law supports the
principles of justice and the interests of society.
Legal actors in the context of law enforcement are
expected to prioritize values such as honesty,
sincerity, empathy, and attention to the suffering
experienced by the community.
Furthermore, another study, [9] also uses a
qualitative method with an approach that examines
concepts related to ideal law enforcement for the
future (ius constituendum) in the context of
environmental law enforcement in Indonesia. The
findings of this study reveal a paradox in
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Muliani Ratnaningsih, Muhammad Rustam
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environmental law enforcement in Indonesia, where
corporations that collectively exploit natural
resources have caused serious environmental
disasters but are rarely prosecuted firmly.
There are three main obstacles to law
enforcement in Indonesia, namely the difficulty of
dealing with corporations that have strong political
support, overlapping authorities in the criminal
investigation process, and the difficulties faced by
law enforcement officers in collecting evidence,
[10]. As a solution, this research proposes a model
of legal protection for victims of environmental
pollution and/or damage using the principle of
restorative justice. In this model, judges can act as
state-appointed facilitators in the early stages of
case handling, with a focus on compensating victims
of perpetrators rather than just punishing
perpetrators, [11].
Finally, the study, also analyzed environmental
law enforcement, especially in the context of
environmental damage. This research uses a
qualitative method with an approach that includes
several important elements.
Although bringing environmental damage cases
to court means prioritizing the principle of primum
remedium through retribution justice or criminal
justice, unfortunately, this can create various
problems, including the practice of corruption,
collusion, and nepotism. Therefore, this research
proposes that law enforcement officials should
understand and apply the concept of restorative
justice in handling environmental crimes, which
means prioritizing the ultimum remedium principle
through community participation education, [12].
2 Methods
The data were chosen in two stages, [13]: the first
involved a title and abstract analysis, and the second
involved an introduction and conclusion analysis. In
the first step, an initial selection was made based on
titles and abstracts that reasonably satisfied the
selection criteria, [14]. The process was carried out
in pairs to eliminate any bias, and the researchers
worked individually on the inclusion or exclusion of
the documents before comparing the spreadsheets.
When there was a disagreement and no consensus
could be reached, a third researcher was consulted.
If the divergence persisted, the document was added
to the list, [15]. In the second step, documents that
partially met the selection criteria based on reading
the introductions and conclusions were chosen. In
the event of divergences outlined in the first stage,
the process was also managed in pairs using the
same technique.
2.1 Research Criteria
The first stage in a systematic review is determining
which studies should be evaluated and which should
be rejected. Furthermore, the review must provide a
clear scope of the areas to be explored from the start
of the study. As a result, pre-specified criteria for
selecting research for inclusion in this review were
proposed, [16]. A transparent strategy was
employed, and certain databases and years were
chosen to ensure the data's veracity. The following
are the criteria for this research study:
1. This review covers publications, abstracts, and
citations but excludes books, research reports,
and other non-formal literature as journal
indexed by Scopus, [17], is a reputable
bibliographic database that greatly aids
academics in their search for existing literature,
particularly works produced after 1995. For
these reasons, a structured keyword search in
Google Scholar was employed in the study.
2. The chosen papers should be peer-reviewed and
written papers on the circular economy in
English.
3. To ensure that the most recent data is used in
this study, the work should be published
between 2012 and 2022.
4. The criteria in the databases Google Scholar
were that the papers should be reviewed, articles
in the press, or editorial material. The keywords
"environmental law," "enforcement,
"challenges," and "opportunities" were searched
for Article title, abstract, and keywords in the
papers, which are named as ‘topic’ in that
database, [18].
2.2 Evaluation of Articles and Inclusion
The keywords applied in the search engines were:
"environmental law," "enforcement, "challenges,"
and "opportunities." When search keywords were
used, 137 publications from Scopus and 12 from
Web of Science identified 149 publications when
both engines were used. All selected documents
were evaluated for methodological quality during
the extraction stage, but the results were not used to
narrow the selection. One hundred forty-nine papers
were collected at the end of the second stage. All
articles were reviewed to ensure that the paper under
consideration fit the topic's focus. Any piece that did
not engage with the theme or played a minor role
was disqualified. On the other hand, articles in
which the issue appeared as a key sub-theme were
included. Following this stage, 114 articles were
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discarded, leaving a final sample of 35 articles to be
considered.
3 Results
A final sample of several publications is analyzed in
this section, taking into account the year of
publication, methods used, geographical location,
topic challenges, and opportunities in environmental
law enforcement.
3.1 Distribution of Identity and Main
Findings of Articles
Table 1 below shows the distribution of articles by
years, methodology, geographical context, as well
as their main findings.
Table 1. Distribution of articles by years, research
methodology, geographical context, and main
findings of the paper
No.
Article Information
1
Origin: Bangladesh, Asia
Methodology:
A case study in Bangladesh
Title of article: Law-Enforcement Challenges,
Responses and Collaborations Concerning
Environmental Crimes and Harms in Bangladesh.
Main findings: This study has offered
environmental crimes and harms in Bangladesh, as
well as the activity of the responding police and
other agencies. As previously stated, Bangladesh has
enacted several laws, policies, and national strategies
to combat threats to safeguard biodiversity, many of
which have been updated in the last decade to
strengthen enforcement efforts and authorities.
Environmental laws and policies are not usually
adequately defined or well enforced. [19].
2
Authors:
Origin: China, Asia
Methodology: Literature Review of the
Environmental Protection Law (EPL) China
Title of article: A New Environmental Protection
Law, Many Old Problems? Challenges to
Environmental Governance in China.
Main findings: Many of the difficulties noted in the
previous Environmental Protection Law (EPL),
particularly the barriers to its application, have yet to
be addressed and remedied. Environmental
legislation and implementation mechanisms,
accountability systems, and institutional
arrangements are required for effective
environmental governance. Raising the EPLs and the
broader ecological protection apparatus's standing is
the first step toward solving China's environmental
concerns. More enforcement and implementation
efforts will lead to a cleaner future in China. [20].
3
Origin: Indonesia, Asia
Methodology: A literature review of challenges of
No.
4
5
6
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No.
Article Information
environmental society, [24].
7
Origin: Poland, Europe and Russia, Asia
Methodology: Review of environmental criminal
law provisions in Poland and Russia.
Title of article: Environmental Criminal
Enforcement in Poland and Russia: Meeting Current
Challenges.
Main findings: Environmental criminal law in
Poland and Russia has been drastically altered due to
Directive 2008/99/EC. Environmental crimes are
recognized as major criminal wrongdoings in both
countries based on the penalties established by
criminal law. Another issue is the lack of corporate
criminal culpability or its inadequate enforcement,
[25].
8
Origin: Greece, Europe
Methodology: A case study in Greece
Title of article: Reconciling Remote Sensing
Technologies with Personal Data and Privacy
Protection in the European Union: Recent
Developments in Greek Legislation and Application
Perspectives in Environmental Law.
Main findings: Remote sensing technologies
provide data collection capabilities that are
particularly valuable for providing a high degree of
environmental protection and improving
environmental quality. At the same time, they pose
new severe concerns, such as their interference with
privacy and personal data rights, both of which are
protected fundamental rights, [26].
9
Origin: England, Europe
Methodology: A qualitative study with semi-
structured interviews
Title of article: Accountability and offsetting in
environmental law enforcement
Main findings: Most of these tasks also entail the
offender donating to charitable environmental causes
to better the environment. A more open enforcement
approach might solve some of the findings'
accountability issues, demonstrating that community
benefits function as an offset mechanism rather than
a restorative enforcement mechanism, [27].
Figure 1 below visually organizes information
on environmental law enforcement. It includes
columns for 'Country', 'Main Challenges', and 'Key
Solutions', representing different countries and their
respective environmental enforcement challenges
and solutions.
Fig. 1: Environmental Law Enforcement, [28].
3.2 Distribution Topics of Challenges and
opportunities
Table 2 presents the challenges and opportunities in
enforcing environmental law.
Table 2. The challenges and opportunities of
environmental law enforcement
No.
1
2
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No.
Challenges and Opportunities According to
Various Research
Opportunity
● Expanding the scope and content of the law
based only on command-and-control law.
3
Challenge, [21].
● Enforcement of environmental law is repressive,
causing violations and environmental pollution.
● Corporations are responsible for numerous
environmental crimes, and their damage is
mainly ecological devastation and widespread
contamination.
● Several environmental degradations and illegal
logging instances devastate the ecosystem.
Opportunity
● Raising awareness among the general public
through outreach initiatives, information sharing,
and formal and informal education.
4
Challenge, [22].
● The number of staff law enforcement officers is
limited when conducting company inspections.
● The rampant non-compliance with the
application of environmental law.
● Businesses have frequently impeded or even
sabotaged inspection operations (for example,
switching on pollution control installations only
during inspections or tampering with automated
discharge monitoring equipment).
● Enforcement officers may be unmotivated to
carry out formalistic enforcement.
● Individual officials must also have legal expertise
due to the formality of the legislation.
Opportunity
● Law enforcement officers can develop subtle and
proper behavior intuitions through regular job
experiences.
● The fundamental basis of regulatory formalism
must exist and be clear so that it is easily referred
to as a legal follow-up.
5
Challenge, [23].
● Inadequate legislation
● Ineffective law enforcement
● Aspects of People's Cultures
● Issues relating to supply and demand
● Inadequately qualified human resources
● Corruption, collusion, and nepotism
Opportunity
● Law enforcement must be repressive to create a
deterrent effect.
● Improvement of government services against
environmental damage.
6
Challenge, [24].
● The current law does not solve the stagnation of
environmental violations.
● Environmental criminals are becoming more
numerous, but little legal action is being taken
against them.
No.
7
8
9
Figure 2 below shows the challenges and
opportunities in enforcing the environmental law.
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Fig. 2: Challenges and Opportunities of
Environmental Law Enforcement, [29].
4 Discussion
Through analyzing articles that focus on challenges
and opportunities in environmental law enforcement
in different countries, we can identify several key
themes and discussion outcomes. First, the biggest
challenges in environmental law enforcement
appear to be institutional and structural. Many
countries, such as Bangladesh, China, and
Indonesia, face difficulties in the effective
implementation and enforcement of environmental
laws. This is often attributed to inadequate
institutional capacity, insufficient inter-agency
cooperation, and a lack of political commitment.
In addition, issues of corruption, collusion, and
nepotism are also significant barriers, as seen in the
case of illegal logging in Indonesia. Second,
ineffective or inadequate laws and policies are a
major challenge. For example, in China, despite
changes in the Environmental Protection Law, there
are still many barriers to its application. In Poland
and Russia, despite major changes in environmental
criminal law, there are still problems in its
application, especially about the assessment of
environmental losses.
Issues of privacy and personal data in the use of
technology for environmental law enforcement are
of particular concern, as discussed in the EU
context. The use of remote monitoring technologies,
while providing benefits in environmental
surveillance, also raises concerns about the
protection of personal data. On the other hand, there
are significant opportunities to improve
environmental law enforcement. Better coordination
at the government level, both national and local, can
help overcome many institutional and structural
challenges. Furthermore, increasing public
awareness and education is crucial, particularly in
garnering public support for stronger environmental
laws, [30].
In addition, advances in technology, such as
remote sensors, provide new opportunities for more
effective monitoring and enforcement. While these
pose privacy challenges, there is potential to create
regulatory frameworks that can balance the need for
environmental protection with the protection of
human rights. So environmental law enforcement
faces a complex and diverse range of challenges but
also provides significant opportunities for
improvement. Increased cooperation, utilization of
technology, and improved awareness and education
can lead to substantial progress in ensuring more
effective and sustainable environmental protection.
Responding to environmental crime is largely the
responsibility of government enforcement and
regulatory authorities, whether at the national,
subnational, or municipal levels. The primary
reaction agencies in most areas of the world are
police, customs and border protection, and
environmental regulatory agencies. The 'three
fundamental agencies' of environmental law
enforcement are as follows. Organizationally, this
can generate both possibilities and challenges. In
Bangladesh, the police are under the control of the
Ministry of Home Affairs, which gives a defined
mandate and line of accountability in most law,
order, and security problems. The topics of
environmental policing and environmental justice
are wide, but as Pink and White illustrate, they are
addressed by a variety of relevant groups. Because
of the prominence of two additional agencies, a
parallel and, to some extent, competitive system is
introduced. The Department of Environment, and
the Bangladesh Forest Department, both fall under
the authority of the Ministry of Environment, Forest
and Climate Change, [30]
Through the analysis of articles discussing
challenges and opportunities in environmental law
enforcement in various countries, we can conclude
that several key themes and discussion outcomes are
important to consider. the biggest challenges in
environmental law enforcement are institutional and
structural.
Countries such as Bangladesh, China, and
Indonesia face difficulties in effective
implementation and enforcement of environmental
laws, which are often attributed to inadequate
institutional capacity, a lack of inter-agency
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Muliani Ratnaningsih, Muhammad Rustam
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cooperation, and a lack of political commitment.
Issues of corruption, collusion, and nepotism are
also significant obstacles, as seen in the case of
illegal logging in Indonesia. ineffective or
inadequate laws and policies are a major challenge.
In China, for example, despite changes in the
Environmental Protection Law, there are still many
barriers to its application. In Poland and Russia,
despite major changes in environmental criminal
law, there are still problems in its application,
especially about the assessment of environmental
damage. Privacy and personal data issues in the use
of technology for environmental law enforcement
are of particular concern, as discussed in the EU
context. The use of remote monitoring technologies,
while providing benefits in environmental
surveillance, also raises concerns about the
protection of personal data.
The contribution of this paper is to inform and
assist developing nations in improving
environmental legal instruments and supervision. It
also contributes to achieving the ultimate goal of
regional and even global environmental law
coordination; to train relevant persons, relevant
agencies, and other topics in the necessary
environmental skills and knowledge; and to transfer
and teach environmental knowledge and law within
a specified time frame.
5 Conclusion
On one hand, there are significant opportunities to
improve environmental law enforcement. Better
coordination at the government level, both national
and local, can help overcome many institutional and
structural challenges. In addition, increased public
awareness and education are critical, especially in
building community support for stronger
environmental laws. Advances in technology, such
as remote sensors, provide new opportunities for
more effective monitoring and enforcement.
On the other hand, this poses privacy challenges.
There is potential to create regulatory frameworks
that can balance the need for environmental
protection with the protection of human rights.
Responding to environmental crimes is largely the
responsibility of government law enforcement and
regulatory authorities, whether at the national,
subnational, or municipal level. The main agents in
environmental law enforcement in most parts of the
world are police forces, customs and border
protection agencies, and environmental regulatory
agencies. These organizations can create both
opportunities and challenges.
In conclusion, environmental law enforcement
faces complex and diverse challenges but also
provides significant opportunities for improvement.
Increased cooperation, utilization of technology, and
improved awareness and education can ensure more
effective and sustainable environmental protection.
In addition, a coordinated and integrated approach
among various government and non-government
agencies, as well as increased capacity and expertise
in the field of environmental law, will be key to
achieving this goal.
Acknowledgement:
The authors would like to thank Universitas Khairun
Ternate, Indonesia
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Muliani Ratnaningsih, Muhammad Rustam
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Contribution of Individual Authors to the
Creation of a Scientific Article (Ghostwriting
Policy)
- Rusdin Alauddin: Proposing the original idea of
the paper, provided materials for the research, and
wrote the draft introduction
- Jamal H. Arsad: Wrote the methods and selected
research data.
- Abdul Azis Dp: Analyzed the data, and provided
description in the discussion and conclusion.
- Faisal Faisal: Analyzed the data, and provided a
description in the discussion and conclusion.
- Muliani Ratnaningsih: Edited the draft, and
reviewed the paper.
- Muhammad Rustam: Edited the draft, and
reviewed the paper.
Sources of Funding for Research Presented in a
Scientific Article or Scientific Article Itself
This research was personally funded by the authors.
Conflict of Interest
The authors have no conflicts of interest to declare.
Creative Commons Attribution License 4.0
(Attribution 4.0 International, CC BY 4.0)
This article is published under the terms of the
Creative Commons Attribution License 4.0
https://creativecommons.org/licenses/by/4.0/deed.en
_US
WSEAS TRANSACTIONS on ENVIRONMENT and DEVELOPMENT
DOI: 10.37394/232015.2024.20.19
Rusdin Alauddin, Jamal Hi Arsad,
Abdul Azis Dp, Faisal Faisal,
Muliani Ratnaningsih, Muhammad Rustam
E-ISSN: 2224-3496
193
Volume 20, 2024