Corporate Criminal Liability In Environmental Pollution Crimes
DOI:
https://doi.org/10.62951/ijsl.v1i3.101Keywords:
Accountability, Corporations, Criminal Acts, Pollution, The EnvironmentAbstract
Corporate crime against the environment is a major crime and is very dangerous for human life. Even though there are laws that regulate forms of legal sanctions for corporations, in fact environmental pollution still occurs. In environmental criminal cases involving corporations, the principle of absolute responsibility should be applied, so that the application of absolute responsibility can be expanded. This means that the sanctions that will be imposed on the perpetrators are not only civil compensation claims but also criminal legal protection. Legal sanctions for corporations proven to have committed criminal acts of environmental pollution include imprisonment, fines and additional penalties. Law Number 32 of 2009 concerning Environmental Protection and Management states that the criminal act referred to is committed by or on behalf of a legal entity, company, association, foundation or organization, the threat of a criminal fine is increased by one third. The method used in this research is normative legal, namely research that refers to legal norms contained in statutory regulations, literature, legal norms that exist in society and the data obtained. The type of research used is qualitative research which is carried out by examining literature materials in the field of law and legislation relating to legal policies for corporations that commit criminal acts of environmental pollution. This research aims to determine criminal liability for corporations that are proven to have committed environmental pollution and to determine the factors inhibiting criminal liability for corporations that have committed environmental pollution.
Downloads
References
Amiruddin and Zainal Asikin, 2004, Introduction to Legal Research Methods, Jakarta: Raja Grafindo Persada, Page. 12.
Civil Code (Civil Code)
Criminal Code (KUHP)
Hardjasoemantri Kusnadi, 1993, Environmental Management Law , Fifth Edition, Tenth Printing, Yogyakarta : Gajah Mada University Press. Pg.12.
Hasbullah Sjawie, 2013, Directors of Limited Liability Companies and Corporate Criminal Liability , Citra Aditya Bhakti, Bandung, Page. 262-263.
Karim, Abdul, 2018, Developing Awareness of Preserving the Environment Based on Humanism in Religious Education , Edukasia: Islamic Education Research Journal 12, No. 2, Pg. 312-313.
Law Number 32 of 2009 concerning Environmental Protection and Management
Muladi and Dwidja Priyatno, 2013, Corporate Criminal Liability , 4th Printing/Revised Edition, Kencana Prenamedia Group, Jakarta, Page. 1.
Ratnasari Fajariya Abidin, 2015, " Enforcement of Environmental Law from a Legal Philosophy Perspective ", Journal of Islamic Business Law, Vol. 6, no. 2, Pg. 70.
Rizka Junisa Dayani, 2017, Corporate Criminal Liability for Disposing of Waste to Environmental Media Without Permit , Journal of the Faculty of Law, Diponegoro University, Semarang, Page. 2.
Takdir Rahmadi, 2011, Environmental Law in Indonesia , Jakarta: PT Raja Grafindo Persada, Page. 221.
The 1945 Constitution of the Republic of Indonesia
Widja Priyatno, 2004, Legislative Policy Concerning the Corporate Criminal Responsibility System in Indonesia , CV Utomo, Bandung, Page. 30.
Zainal Arifin Hoesein, 2012, " Law Making in the Perspective of Legal Reformation ", National Legal Development Media Rechts Vinding Journal, Vol. 1, No. 3, Pg. 308.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 International Journal of Sociology and Law

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.