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Wibisana, Muhammad Andri Gunawan
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Law, Crime, Criminology & Criminal Justice

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PENGELOLAAN LINGKUNGAN MELALUI IZIN TERINTEGRASI DAN BERANTAI: SEBUAH PERBANDINGAN ATAS PERIZINAN LINGKUNGAN DI BERBAGAI NEGARA Wibisana, Muhammad Andri Gunawan
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Environmental permit is considered to play a central role in environmental management. There has been a growing intention in Indonesia for an integrated permit system, either in terms of internal integration, in which all environmental permits are integrated into a single permit, or external integration, in which environmental permits are integrated with business/activity license. This paper attemps to answer the questions of whether both ways of integrating environmental permits have been implemented in Indonesia. The paper also observes that although some contries have integrated various permits into a single environmental permit, the link between environmental permit and business/activity license remains unclear. More importantly, it is found that in many countries many business activities are not required to have a business license. For these activities, it might be the case that environmental permit is the only permit required, and hence, the revocation of the permit might result in the termination of the activities
CAMPUR TANGAN PEMERINTAH DALAM PENGELOLAAN LINGKUNGAN: SEBUAH PENELUSURAN TEORETIS BERDASARKAN ANALISIS EKONOMI ATAS HUKUM (ECONOMIC ANALYSIS OF LAW) Wibisana, Muhammad Andri Gunawan
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Government intervention in environmental management can be considered to fall within CAC instruments. Despite the instruments are the most familiar and practiced, they are criticized since the CAC approach requires too much government intervention. This article observes that government intervention can be justified as an effort to correct market failures. The article also finds that intervention is warranted for some distributive reasons. However, the article also observes possibility that an intervention occurs due to regulatory capture by interest groups, to serve the interest of bureaucrats, or to function as a tollbooth. Indonesian environmental law shows that these CAC instruments still play a major role in environemtal management in Indonesia
KEJAHATAN LINGKUNGAN OLEH KORPORASI: MENCARI BENTUK PERTANGGUNGJAWABAN KORPORASI DAN PEMIMPIN/PENGURUS KORPORASI UNTUK KEJAHATAN LINGKUNGAN DI INDONESIA? Wibisana, Muhammad Andri Gunawan
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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It is very likely that most environmental crimes involve corporation, in the sense that the crimes were conducted within the scope of corporation and on behalf of the corporation. This contribution attempts to answer the questions of how corporate criminal liability has evolved in several jurisdictions, and how this concept has been interpreted and implemented in Indonesia. The contribution explains the development of corporate criminal liability, and classifies it into liability for corporation and liability for corporate officers. Based on such theoretical foundations, the contribution critically analyses the formulation of corporate criminal liability and officers' liability in various legislations related to environmental protection and in various court decisions in Indonesia. It is observed that some laws and rulings failed to make a clear distinction between criminal liability for corporation and that for its high ranking officers. The failure result in some rulings where a corporation being held liable although it was not a defendant, or a director was likely to be put in jail although he was not a defendant. The contribution recommends some changes in corporate and officers' criminal liability in Indonesia. In particular, this contribution criticizies the use of individual criminal liability, and argues that to hold an officer liable the government needs to prove the contribution of the officer in the criminal conduct.
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