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All Journal Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH)
Eben Heser Tarigan
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Environmental Science Social Sciences

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Legal Analysis of Corporate Criminal Liability in Oil and Gas Sector Crimes in Indonesia Eben Heser Tarigan; Yasmirah Mandasari Saragih
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 3 No. 3 (2024): Oktober : JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v3i3.6405

Abstract

This research explores corporate criminal liability in the context of crimes committed within Indonesia's oil and gas sector. In the framework of modern criminal law, corporations are increasingly recognized as legal subjects that can bear criminal responsibility, particularly in cases related to economic crimes, environmental violations, and corruption. Given the oil and gas sector’s strategic significance and high economic value, it is especially vulnerable to legal violations committed by corporate entities. The research adopts a normative juridical method, utilizing statutory, conceptual, and case study approaches to analyze the current state of legal accountability mechanisms. The findings indicate that corporate criminal liability in the oil and gas sector is not explicitly regulated under Indonesia’s Oil and Gas Law, resulting in significant legal gaps that hinder effective enforcement. Although several laws—such as the Anti-Corruption Law, the Environmental Protection and Management Law, and Supreme Court Regulation (PERMA) No. 13 of 2016—provide a basis for prosecuting corporations, their specific application within the oil and gas sector remains limited. This limited application is attributed to several challenges, including technical difficulties in proving corporate guilt, limited investigative capacity and resources among law enforcement authorities, and the disproportionate influence and economic dominance of oil and gas corporations in regulatory and judicial processes. To address these challenges, the research emphasizes the urgent need for reformulating the legal framework governing corporate liability in the oil and gas industry. This includes incorporating explicit corporate criminal liability provisions into sector-specific laws, strengthening institutional enforcement capacity, and applying legal doctrines such as corporate culture theory and strict liability. These efforts aim to ensure that corporations in the oil and gas sector can be held accountable for criminal actions, promote legal certainty, and uphold environmental and economic justice in Indonesia.
Corporate Criminal Liability In Oil and Gas Sector Crimes In Indonesia Eben Heser Tarigan; Yasmirah Mandasari Saragih
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 3 No. 3 (2024): Oktober : JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v3i3.6475

Abstract

This research addresses the issue of corporate criminal liability in crimes occurring within Indonesia’s oil and gas sector. In modern criminal law, corporations are increasingly recognized as legal entities capable of bearing criminal responsibility, particularly in cases related to economic offenses, environmental violations, and corruption. The oil and gas sector, being one of the most strategic and high-value industries, is highly susceptible to legal violations by corporate entities. Given the significant role this sector plays in the national economy, the accountability of corporations in this field is of utmost importance to ensure proper legal oversight and prevent harmful practices. The research employs a normative juridical approach, utilizing statutory, conceptual, and case study methods to examine how corporate criminal liability is applied in the oil and gas industry in Indonesia. The findings reveal that the regulation of corporate criminal liability in the oil and gas sector remains underdeveloped, as it is not explicitly addressed in the Oil and Gas Law. This lack of clear and specific regulation creates gaps in law enforcement, leaving corporations with opportunities to evade full accountability for crimes they commit. While existing legal frameworks such as the Anti-Corruption Law, Environmental Law, and PERMA No. 13/2016 provide a foundation for criminalizing corporations in cases of wrongdoing, the practical implementation of these regulations within the oil and gas sector has proven to be insufficient. Several factors contribute to the weak enforcement of corporate criminal liability. First, there are technical challenges in proving corporate involvement in criminal acts, as the actions of a corporation are often difficult to attribute to specific individuals. Second, the capacity of law enforcement agencies to effectively investigate and prosecute corporate crimes is limited, compounded by a lack of expertise and resources.
Co-Authors Yasmirah Mandasari Saragih