The Criminalization of Forest Exploitation in the Perspective of Jinayah Law and State Administrative Law

Forest exploitation constitutes one of the most serious forms of environmental crime due to its extensive impact on ecological sustainability, social welfare, and the authority of the state over natural resources. Despite the existence of multiple legal instruments, fragmented approaches to environmental criminalization often weaken enforcement effectiveness. This study aims to analyze the criminalization of forest exploitation from the perspectives of jinayah law and state administrative law, as well as to examine the relationship and complementarity between these two legal systems in addressing environmental harm. Employing a normative juridical method with comparative and conceptual approaches, this research examines legal norms, principles, and doctrines governing environmental protection, state control, and criminal liability. The findings reveal that within jinayah law, forest exploitation is classified as an unlawful act that breaches divine trust (amanah), public interest (maslahah), and ecological balance, thereby justifying moral-based and community-oriented sanctions. Conversely, state administrative law frames forest exploitation as a violation of licensing regimes, regulatory compliance, and state sovereignty over natural resources, addressed through administrative sanctions, criminal penalties, and institutional enforcement mechanisms. Although differing in philosophical foundations and enforcement structures, both legal systems converge in their objective of preventing environmental destruction and promoting sustainable resource management. This study argues that integrating jinayah law’s ethical legitimacy with the formal authority of state administrative law can produce a more comprehensive, effective, and sustainable framework for forest protection grounded in justice, legal certainty, and intergenerational responsibility.

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