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The Implementation of Law Enforcement on Environmental Crime Perpetrated by Corporations in Relation to River Pollution Silaban, Rudolf
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4957

Abstract

There is an increasing trend to criminalize companies committing environmental crimes through criminal policies. Law No. 32 of 2009 on Environmental Protection and Management considers companies as legal entities with criminal liability. However, in practice, there are many obstacles in enforcing the law against businesses that commit criminal acts. For example, no company has been sanctioned for pollution cases in river basin areas (DAS). This research focuses on examining issues related to the application of environmental criminal liability by companies under Indonesian law and the efforts to tackle environmental crimes committed by companies. The research method used in this study is normative jurisprudence. According to the implementation of the law, companies that commit crimes of polluting river basins can be held criminally liable, including sanctions, fines for the company, and the directors or managers of the company being subject to corporate criminal penalties. To effectively address environmental crimes committed by companies around the river basins, two approaches can be used: first, criminal action (punishment) and second, collective action, which is a combination of non-criminal and criminal practices.
Environmental Crimes in The Perspective of Criminal Law and Ecosystem Protection in Indonesia Rudolf Silaban
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 4 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i4.6308

Abstract

Law Number 32 of 2009 concerning Environmental Protection and Management is the legal basis that regulates various forms of environmental violations, ranging from pollution to destruction of natural resources. The aim is to analyze how criminal law is applied to deal with environmental crimes in Indonesia and create existing conditions and enforcement laws. The research method commonly used in studying environmental crimes in Indonesia is a qualitative approach, which involves interviews with key stakeholders such as government officials, environmental activists, and local communities. The results of this study show that environmental protection is very important and should be a priority for all parties. So that the criminal law that regulates environmental crimes can encourage the awareness and responsibility of the same person and the same person in preserving the environment. The implementation of strict criminal law against environmental crimes is expected to have a deterrent effect on perpetrators who damage the environment.