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Pertanggungjawaban Pidana Korporasi dan Pengurusnya dalam Penegakan Kerusakan Lingkungan Hidup akibat Limbah B3 Carwan; Sari Indah Lestari
Syntax Idea 2130-2145
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntax-idea.v5i11.2720

Abstract

Environmental damage often involves corporations as industrial actors, and legislation in Indonesia has recognized corporations as legal subjects that can be held criminally responsible. This research aims to explore and analyze the concept of corporate criminal liability in the context of environmental damage caused by B3 waste in Indonesia. The main focus of the research is on the legal provisions governing environmental crimes, with special emphasis on Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH), Law Number 41 of 1999 concerning Forestry (UU Forestry), and Law -Law Number 39 of 2014 concerning Plantations (Plantation Law). This research examines Gillies' view which states that corporations can be considered "persons" in the eyes of the law, which allows the imposition of criminal liability on corporations as legal entities. However, the concept of corporate criminal liability, especially through the doctrine of "Vicarious/Derivative Individual Liability," raises questions about justice and ethics in criminal law enforcement. This research uses legal document and literature analysis methods to evaluate the relevance, effectiveness and fairness of the concept of corporate criminal liability in the context of environmental damage caused by B3 waste. The research results show that in a theoretical context, criminal liability of corporations and corporate administrators has a different conceptual basis. However, in practice, the construction of vicarious or derivative individual responsibility often causes law enforcers to attribute corporate criminal liability to corporate administrators without considering personal fault. This creates ambiguity between the criminal liability of corporations and corporate administrators, considering that both have different conceptual bases.
Perkembangan Aneka Warna Hukum (Rechtbedeling) di Indonesia: Pluralisme Hukum Waris di Indonesia ; Carwan
Syntax Idea 2381-2394
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntax-idea.v5i12.2751

Abstract

As a result of the existence of Article 131, jo, article 163 IS, the Law of Inheritance regulated in the Civil Code applies to Europeans and those who are equal to these Europeans. The impact of enacting population classification rules and laws applicable to each group during the Dutch colonial period. The problem in this paper is how the development of various colours of law (Rechtbedeling) in Indonesia and how the pluralism of inheritance law in Indonesia related to the development of multiple shades of law. The research method used is normative legal research and legal history. The results showed that the division of the Indonesian population based on ethnicity and class emerged during the Dutch colonial occupation. This was enacted for political interests during the Dutch colonial career in Indonesia, namely by issuing rules for classifying the population and the laws that apply to each group based on the provisions of Article 131 jo. Article 163 lS creates Pluralism of Inheritance Law, where European and Chinese groups in Indonesia are regulated in the Civil Code. For indigenous people who are not Muslims, customary inheritance law applies. In contrast, for those who are Muslims, Islamic inheritance law applies, and foreigners other than Chinese use their respective customary inheritance laws. So, the unification of inheritance law is needed to eliminate societal conflicts because the heirs are subject to different inheritance laws.