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Rihat Hutabarat
Universitas Padjadjaran
Law, Crime, Criminology & Criminal Justice

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Ecological Justice as the Basis for the Criminal Punishment of Corporations in Environmental Crime Rihat Hutabarat
Jurnal Pembaharuan Hukum Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i2.53492

Abstract

Corporate criminal liability for environmental crime still carries an unresolved conceptual problem. Criminal law tends to build fault from the acts of individual persons, while ecological damage often forms through institutional decisions, patterns of control, and corporate risk management. This study examines whether ecological justice can serve as the basis for the criminal punishment of corporations in environmental crime in Indonesia. The study focuses on the weakness of an overly formalistic approach to corporate punishment and on formulating a theoretical model that places environmental restoration at its center. The research uses the normative legal method, drawing on statutory, conceptual, limited case, and systematic library approaches to the literature on ecological justice, green criminology, corporate criminal liability, strict liability, and corporate culture. The study finds that punishing environmental corporations is inadequate when it rests only on fines and general deterrence. Ecological harm is collective, cumulative, transboundary, and intergenerational, so the measure of criminal justice must account for the distribution of ecological burdens, the participation of affected residents, the correction of damage, proof of organizational fault, and governance oversight after the verdict. Ecological justice and organizational fault can reshape corporate environmental punishment through five integrated pillars.
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