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All Journal DE LEGA LATA: Jurnal Ilmu Hukum Trunojoyo Law Review
Sueni, Annisa Sabilla
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Humanities Law, Crime, Criminology & Criminal Justice

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Legal Responsibility for Corporations Against Environmental Damage Crimes Sueni, Annisa Sabilla; S., Eko
DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 1 (2023): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v8i1.12053

Abstract

The rise of the issue of environmental damage in various regions in Indonesia is a separate concern and problem for the relevant government to handle and overcome environmental issues, especially crimes committed by corporations. Where environmental damage is carried out by irresponsible corporations, and there is no re-treatment, so that nature in Indonesia is completely eroded and even becomes pollution and problems for the surrounding community. The method of writing this thesis uses a normative research method, namely legal research that puts the law as a building system for existing norms such as books, journals, and other references. Overall corporate responsibility for environmental crimes that exist in Indonesia, in terms of solving these problems, which is seen from the point of view of the laws and regulations governing it, both Law No. 03 of 2020 concerning Minerba, Law No. 32 of 2009 on the environment . In terms of minimizing corporate crime in the future, the author argues that it is mandatory to stipulate provisions regarding Residiv for the same perpetrators in terms of corporate crimes, the application of the principle of guilt in Islam (meaning who commits it is the one who must be responsible even though it is a legal entity), and commit Comparison with regulations regarding the environment and mining from other countries is assessed from the context of legal protection for victims (Compensation, Compensation, or Restitution).
Reconstructing Environmental Criminal Law in Indonesia Through a Comparative Zemiological Legal Study Fernando, Zico Junius; Sueni, Annisa Sabilla; Arifin, Firdaus; Ramadhani, Susi; Zulaika, Almira Novia
TRUNOJOYO LAW REVIEW Vol 8, No 1 (2026): February
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i1.31912

Abstract

Environmental crimes in Indonesia are increasingly recognized not only as violations of legal norms but also as social and ecological harms affecting communities and ecosystems. However, the existing framework of environmental criminal law remains largely formalistic, emphasizing administrative violations and statutory illegality while insufficiently addressing the broader dimension of socio-ecological harm. This research examines how a zemiological perspective can contribute to the reconstruction of environmental criminal law in Indonesia through a comparative legal study. Using a normative juridical method with statute, conceptual, and comparative approaches, this study analyzes Indonesian environmental criminal law alongside developments in Belgium, the European Union, Argentina, Scotland, and the Philippines. The findings demonstrate that Indonesian law continues to rely on formal legality and weak corporate accountability, whereas comparative jurisdictions increasingly recognize severe environmental harm, ecocide, and collective victimization as bases for criminal responsibility. The contribution of this research lies in three main aspects. First, it develops a zemiological framework as a new theoretical basis for evaluating environmental criminal law beyond formal statutory violations, emphasizing social and ecological harm as the central criterion for criminalization. Second, it provides a systematic comparative legal analysis that identifies normative gaps between Indonesian law and emerging global models of harm-based environmental criminal law. Third, it proposes a conceptual model for reconstructing environmental criminal law in Indonesia by integrating the principles of social harm, the recognition of ecocide, and strengthened corporate liability.
Co-Authors Fernando, Zico Junius Firdaus Arifin, Firdaus Ramadhani, Susi S., Eko Zulaika, Almira Novia