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All Journal Priviet Social Sciences Journal Journal of Innovative and Creativity
Habibi, Haris
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Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Problems of the elimination of criminal sanctions in law number 2 of 2017 concerning construction services: A study of policies and legal protection of construction accident victims Ismaidar, Ismaidar; Fitrianto, Bambang; Habibi, Haris; Purnomo, Sagita; Barus, Enda Leginta; Lumbanbatu, Bima
Priviet Social Sciences Journal Vol. 5 No. 11 (2025): November 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i11.918

Abstract

The abolition of criminal sanctions in Law Number 2 of 2017 concerning Construction Services creates a vacuum and uncertainty in law enforcement. Previously, in cases of construction failures and accidents that caused injuries and deaths, the perpetrators could be charged with Article 43 of Law Number 18 of 1999 concerning Construction Services, but with the removal of this criminal provision, law enforcement was carried out using the Criminal Code and/or building law. This condition results in disparities in the law enforcement. This research aims to discuss the void of criminal law in Law Number 2 of 2017 concerning Construction Services and comprehensively examine policies and legal protection for construction accident victims. The type of research used is normative juridical with a descriptive-analytical approach, discussing existing legal symptoms and problems and testing them based on applicable laws and regulations. The results of this study show that the void in criminal law in construction services law occurs due to the elimination of criminal sanctions based on legal political factors; thus, law enforcement for construction accidents cannot be carried out using special laws on construction services. Legal protection for victims of construction accidents is emphasized in law enforcement to provide a deterrent effect against perpetrators, consisting of the application of strict sanctions, compensation for victims, and the implementation of occupational health and safety management standards.
Legal Certainty of Corporate Responsibility That Causes Environmental Damage: A Study of the Implementation of Criminal Law Enforcement Ramadani, Suci; Sumarno; Lumbanbatu, Bima; Purnomo, Sagita; Habibi, Haris
Journal of Innovative and Creativity Vol. 6 No. 2 (2026)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

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Abstract

This research aims to examine in depth the certainty and legal accountability for environmental damage caused by corporate activities, as well as discuss the challenges and obstacles in enforcing criminal sanctions against corporations. This research method is normative juridical with a descriptive-analytical approach to discuss existing legal problems based on laws and regulations and legal norms that apply in society. The results of this study show that the certainty and legal accountability for environmental damage caused by corporate activities in Indonesia have been regulated in Law Number 32 of 2009 concerning Environmental Protection and Management. Corporations as artificial persons can only carry out legal acts through the intermediary of their representatives, so that criminal sanctions in the form of imprisonment are imposed on the management or directors, while corporations as legal entities can only be subject to sanctions in the form of fines and administrative sanctions. The policy of enforcing sanctions against corporations that destroy the environment is implemented through penal and non-penal approaches. The penal approach is realized through the enforcement of criminal law based on the provisions of the Criminal Code and Law Number 32 of 2009 concerning PPLH. Meanwhile, non-penalties are carried out through the application of the principles of Good Corporate Governance in the company's internal governance, and the implementation of the Corporate Social Responsibility (CSR) program.
Co-Authors Barus, Enda Leginta Fitrianto, Bambang Ismaidar I, Ismaidar Lumbanbatu, Bima Purnomo, Sagita Ramadani, Suci Sumarno