Application Of Criminal Sanctions Against Corporations As Subjects Law On Burning Forest Which Cause Damage Environment

Authors

  • Ismaidar Ismaidar University Development Five Budi Medan
  • Tengku Riza Zarzani University Development Five Budi Medan
  • Suramin Suramin University Development Five Budi Medan

DOI:

https://doi.org/10.62951/ijls.v1i3.91

Keywords:

Criminal Sanctions, Corporations, Forest Burning, Environment

Abstract

Forest fires are an environmental problem that occurs so often that it has become a local and global concerns. The phenomenon of forest and land fires that occurred in various regions of Indonesia several years ago is a legal fact that the implementation of Law Number 32 of 2009 concerning Environmental Protection and Management, Law Numbers 19 of 2004 concerning Forestry and various other statutory regulations does note in understand with predetermined expectations and rules. It cannot be denied that the phenomenon.phenomenon of forests fires is a serious and urgent threat that must be addressed by all parties. The method used in this research is normative legal research whichcomes from primary data, secondary data and tertiary data to support the arguments in this article. The data collection technique is qualitative descriptive analysis, namely by taking a conceptual and statutory approach. Using literature studies by collecting data through books, articles, statutory regulations, journals or other legal literature as well as online sites that are relevant to the problem being written about. This research aims to determine the impact of forest fires which cause environmental damage, the application of criminal sanctions against corporations as legal subjects for criminal acts of forest burning which . Based on the description above, it can be concluded that in accordance with the development of Indonesian criminal law regulations, a corporation that is declared obstacles faced when applying criminal sanctions against corporations as legal subjects for criminal acts of forest burning which cause environmental damage legal subject can also be burdened with criminal liability. Corporations that have been proven to have burned forests

Downloads

Download data is not yet available.

References

Adrisman, T., & Jadmiko, G. S. R. (2021). Accountability of criminal corporation company plantation those who burn forests, p. 12.

Constitution Number 32 Year 2009 about Protection and Management of the Environment

Constitution Number 41 Year 1999 jo Constitution Number 19 Year 2004 about Forestry

Constitution of the Republic of Indonesia (UUD 1945)

Criminal Law (Criminal Code)

Criminal Procedure Code (KUHAP)

Hamzah, A. (2005). Enforcement of environmental law. Sinar Graphics, Jakarta, p. 9.

Hanitijosoemitro, R. (1991). Comparison between normative legal research and empirical legal research. Diponegoro University Faculty of Law Magazine, (9), p. 45.

Rashid, F. (2014). Problem and impact of forest fire. Journal Circumference Widyaswara, 1(4), p. 48.

Regulation of the Supreme Court (PERMA) Number 13 Year 2016 about System Method Handling Case Criminal Act by Corporation

Reksodiputro, M. (1989). Accountability of criminal corporation in act criminal corporate. FH-Undip, Semarang, p. 9.

Rochati, N., Sularto, R. B., & S, J. I. (2017). Criminological studies related to law enforcement crimes against the crime of forest and land burning in Riau Province. Diponegoro Law Journal, Diponegoro University, 26(22), p. 9.

Setiyono. (2004). Corporate crime, analysis victimology and accountability corporation in criminal law Indonesia. PT. Bayu Media, Malang, p. 2.

Soemarwoto, O. (1991). Ecology, environment life and development. Bridge, Jakarta, pp. 20-21.

Sulistyani, S., & Sulistyani, D. (2013). Accountability of criminal corporation (corporate criminal responsibility). Alumni, Bandung, pp. 89-90.

Syahrin, A. (2002). Principles and enforcement of environmental crime law. References Nation Press, Medan, pp. 2-3.

Udampo, P. (2024). Not quite enough answer company to pollution environment. Blogspot.co.id, p. 2. Accessible on May 20, 2024, at 03:52 WIB.

Published

2024-05-31

How to Cite

Ismaidar Ismaidar, Tengku Riza Zarzani, & Suramin Suramin. (2024). Application Of Criminal Sanctions Against Corporations As Subjects Law On Burning Forest Which Cause Damage Environment. International Journal of Law and Society, 1(3), 216–226. https://doi.org/10.62951/ijls.v1i3.91