Afif Ilyas Zaqhlul
UIN Sunan Gunung Djati Bandung

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REVIEW OF ISLAMIC CRIMINAL LAW ON CORPORATE LIABILITY FOR ENVIRONMENTAL POLLUTION: A CASE STUDY OF PT BINTANG WARNA MANDIRI Afif Ilyas Zaqhlul; Deden Najmudin; Yusup Azazy
Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam
Publisher : Universitas Islam Ahmad Dahlan (UIAD)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-ahkam.v8i2.4728

Abstract

Environmental pollution caused by industrial activities may give rise to administrative, civil, and criminal liability under different legal frameworks. This study aims to analyze the legal liability of PT Bintang Warna Mandri (PT BWM) based on Supreme Court Decision No. 4860 K/Pdt/2022, examine the relevance of the legal facts of the case to the elements of Article 98 paragraph (1) of Law No. 32 of 2009 concerning Environmental Protection and Management, and analyze the matter from the perspective of Islamic Criminal Law. This study employs a normative juridical method using statutory, case, and conceptual approaches. Primary legal materials, consisting of legislation and court decisions, were analyzed through qualitative juridical analysis. The findings show that Decision No. 4860 K/Pdt/2022 concerns a civil environmental case applying strict liability and compensation and therefore cannot be equated with a criminal judgment under Article 98 paragraph (1). The elements of Article 98 must be independently established through the legal subject, intent, conduct, prescribed consequences, and causal relationship. From the perspective of Islamic Criminal Law, pollution may be analyzed as fasād fī al-arḍ and as conduct causing ḍarar, while environmental protection may be understood as a contemporary development of maqāṣid al-sharī‘ah. Remedial and compensatory liability must be distinguished from ‘uqūbah ta‘zīr; therefore, the model of corporate liability may be directed toward environmental restoration, prevention of recurrence, and proportionate sanctions based on the degree of harm.