Corporate Criminal Liability in Environmental Cases
DOI:
https://doi.org/10.58818/ijlrsa.v3i3.216Keywords:
Criminal liability, Corporations, Environmental CasesAbstract
Rapid industrial growth often has a negative impact on the environment. Not infrequently, various cases of environmental pollution and destruction are carried out by corporations that prioritize profit without considering sustainability aspects. Therefore, the application of criminal liability to corporations is crucial in efforts to enforce environmental law. This study aims to analyze the concept and application of criminal liability for corporations in environmental cases in Indonesia. The research method used is a normative legal approach with an analysis of laws and regulations, court decisions, and related case studies. The results of the study indicate that although the Environmental Protection and Management Law has regulated the mechanism for corporate criminalization, its implementation still faces various obstacles, such as proving corporate guilt and identifying responsible managers. In addition, the criminal sanctions imposed tend to be more administrative and financial in nature, while the environmental recovery aspect is not yet fully optimal. This study recommends the need to strengthen legal instruments and the capacity of law enforcement officers to ensure corporate accountability and sustainable environmental protection.
Downloads
References
Angin, A.S.B.P., Hartono, M.S. and Suastika, I.N. (2022), Legal Analysis of Criminal Acts of Sexual Intercourse by Children Based on Mutual Consensus Based on the Principle of the Best Interests of the Child (study of decision No. 8/Pid.Sus/2022/PN Sgr), Yustisia Communication, 5(3).
Dirwansyah, Kusbianto and Zuliah, A. (2021), Criminal Liability in Criminal Acts of Indecent Acts Committed by Children (Analysis of Court Decision Number 6/Pid.Sus.Anak/2018/PT.Mdn, Warta Dharmawangsa, 15(2), 184–191.
Fadlian, A. (2020), Criminal Liability in a Theoretical Framework, POSATIUM Law Journal, 5(2).
Fitriani, R. (2016), The Role of Child Protection Organizers in Protecting and Fulfilling Children's Rights, Samudra Keadila Law Journal, II(2), 250– 258.
Handayani, E.P. and Hariawan, W. (2019), Legal Protection for Child Criminal Acts, Mizan, 8(1). 67
Hulu, K.I. (2018), Legal Analysis of Protection of Adopted Children Associated with Government Regulation Number 54 of 2007, IEducation and Development Journal, 5(1), 75–86.
Juanda, Rodliyah and Ufran (2021), Legal Protection for Child Victims of Sexual Intercourse Crimes, Jatiswara, 36(3).
Kalensang, A. J. (2016). Causal Relationship (Causaliteit) in Criminal Law and Its Implementation in Practice. Lex Crimen, V(7), 12–19.
Nasution, I. (2020), Analysis of Criminal Liability of Children as Perpetrators of Molestation Crimes, El-Ahli: Journal of Islamic Family Law, 1(2), 51– 81.
Putra, R.S. (2016), Criminality Among Adolescents, Jom Fisip, 3(1), 1–14.
Silitonga, D.C. and Zul, M. (2014), Application of Law Against Perpetrators of Child Molestation Crimes (Binjai District Court Study), Mercatoria Journal, 7(1), 58–79.
Sitepu, R.I. (2020), Review of the Minimum Age Limit for Criminal Responsibility of Children Involved in Narcotics Trafficking, Rechten Journal, 2(3), 39–59.
Sulardi and Wardoyo, Yohana P. (2015), Legal Certainty, Benefit, and Justice in Children's Cases, Judicial Journal, 8(3), 251–268.
Wijayanta, T. (2014), Principles of Legal Certainty, Justice, and Benefit in Relation to Bankruptcy Decisions of Commercial Courts, Legal Dynamics, 14(2).
Downloads
Published
How to Cite
Issue
Section
License
Copyright and License Statement
Authors who publish their manuscripts in this Journal agree to the following conditions:
The copyright for any article in The International Journal of Law Review and State Administration is fully held by the author under a Creative Commons CC BY 4.0 license:
- The author acknowledges The International Journal of Law Review and State Administration (IJLRSA) has the right to publish for the first time with a Creative Commons Attribution 4.0 International License / CC BY 4.0.
- Authors can enter writings separately, arrange non-exclusive distribution of manuscripts that have been published in this journal into other versions (eg sent to the author's institutional repository, publication in a book, etc.), by acknowledging that the manuscript has been published for the first time in The International Journal of Law Review and State Administration (IJLRSA)
- The International Journal of Law Review and State Administration (IJLRSA) published under the terms of a Creative Commons Attribution 4.0 International License / CC BY 4.0. This license permits anyone to copy and redistribute this material in any form or format, compose, modify, and make derivative works of this material for any purpose, including commercial purposes, so long as they include credit to the Author of the original work.
