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All Journal Adagium: Jurnal Ilmiah Hukum
Shabina Zulfisri Rekmya
Universitas Merangin
Law, Crime, Criminology & Criminal Justice Social Sciences

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Corporate Criminal Liability for Environmental Harm after the New Indonesian Criminal Code: Harmonizing Attribution, Organizational Fault, and Sanctions Mohammad Arqon; Ririn Kemas Putri HS; Shabina Zulfisri Rekmya
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/rv1ptg07

Abstract

The entry into force of Law Number 1 of 2023 on the Indonesian Criminal Code on 2 January 2026 places corporate criminal liability within the general architecture of national criminal law alongside pre-existing sectoral provisions. This article examines the relationship among the Criminal Code, the Criminal Adjustment Law, Articles 116-119 of the Environmental Law, and Supreme Court Regulation No. 13 of 2016. The juridical analysis separates attribution of conduct, organizational fault, individual responsibility, the relevance of administrative permits, and sanction calibration. The study argues that the Environmental Law remains a sectoral basis that must be read together with the Criminal Code's general corporate rules without converting every employee violation into corporate fault. A three-stage model conduct attribution, organizational fault, and sanction calibration is proposed as a reasoning framework that still requires proof of the underlying offence. Fines, disgorgement, restoration, compliance reform, and activity restrictions must be tied to their respective legal bases, institutional competences, and proportionality safeguards.
Co-Authors Mohammad Arqon Ririn Kemas Putri HS