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Triadi, Triadi
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Arts Humanities Computer Science & IT Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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PERKEMBANGAN KESALAHAN DAN KEMAMPUAN BERTANGGUNGJAWAB DALAM PANDANGAN HUKUM PIDANA FORMIL Triadi, Triadi
Ensiklopedia Sosial Review Vol 7, No 1 (2025): Volume 7 No 1 Februari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v7i1.2916

Abstract

Abstract: the ability to be responsible must exist: a) The ability to differentiate between good and bad actions in accordance with the law and those that are against the law; and b) The ability to determine one's will according to awareness of the good and bad of the action. An error is deemed to exist if intentionally or through negligence an act has been committed which causes a situation or consequence prohibited by criminal law and is carried out with responsibility. A person makes a mistake, if at the time of committing the offense, it is seen from the perspective of society. In this way, according to him, someone gets punished depending on two things, namely: there must be an act that is contrary to the law, or in other words, there must be an element of unlawfulness, so there must be an objective element, and for the perpetrator there is an element of error in the form of intent and/or negligence, so that the unlawful act can be held accountable to him. So there is a subjective element. No excuses. The relationship between the perpetrator and his actions is determined by the responsible ability of the perpetrator. The reason for forgiveness concerns the person of the perpetrator, in the sense that the person cannot be blamed or he is innocent or cannot be held responsible, even though his actions are against the law. On the other hand, there are reasons that eliminate the perpetrator's guilt, so that he is not punished.Keywords: Error, Ability, Formal.
OPTIMALISASI PENEGAKAN HUKUM PIDANA TERHADAP PELAKU PENCEMARAN LINGKUNGAN OLEH PERUSAHAAN INDUSTRI DI INDONESIA Triadi, Triadi
Ensiklopedia of Journal Vol 7, No 3 (2025): Vol. 7 No. 3 Edisi 2 April 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i3.3038

Abstract

Abstract: Criminal law enforcement against perpetrators of environmental pollution by industrial companies in Indonesia has experienced significant dynamics after the enactment of Law Number 11 of 2020 concerning Job Creation. This regulatory change brings a shift in the approach to law enforcement, where the principle of ultimum remedium is prioritized, so that administrative sanctions must be prioritized before criminal sanctions are imposed. Nevertheless, criminal law remains an important instrument to prosecute serious violations that cause serious environmental damage. The form of criminal law enforcement in this context includes the application of sanctions to individuals and corporations, with a focus on corporate criminal liability which is strengthened in regulatory changes. Criminal law enforcement must also pay attention to complex aspects of scientific evidence, the involvement of various institutions, and strengthening of monitoring and reporting mechanisms. The strategy for optimizing criminal law enforcement needs to be directed at several important aspects, including: strengthening technical evidence instruments, strict application of corporate accountability, synergy between law enforcement agencies, the effectiveness of implementing administrative sanctions, building an environmental legal culture, and sustainable policy reform. All of these strategies aim to maintain a balance between encouraging investment growth and ensuring environmental protection is maintained. With these optimization steps, it is hoped that criminal law enforcement can be more effective, provide a deterrent effect to perpetrators, and encourage industrial companies to be more responsible in managing the environmental impacts of their business activities.Keywords: Law Enforcement, Criminal, Pollution, Environment. 
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