Veritas et Justitia
Vol. 9 No. 1 (2023): Veritas et Justitia

FORMULASI PIDANA PENUTUPAN KORPORASI ATAS DELIK LINGKUNGAN HIDUP

Shofi Munawwir Effendi (Biro Hukum dan Organisasi, Kementerian Koordinator Bidang Perekonomian)
I Gede Widhiana Suarda (Fakultas Hukum Universitas Jember)
Fiska Maulidian Nugroho (Fakultas Hukum Universitas Jember)



Article Info

Publish Date
01 Jul 2023

Abstract

Corporations’ important and strategic role is indispensable to the development of national economy. Even so, economic development should not be used to serve corporation as justification to sacrifice the environment and wellbeing of the society in order to gain maximum profit. Efforts to develop the mechanism of corporate liability for environmental offenses have been continuously done through the Environment Law issued from 1997 to 2009 and regulations in the Job Creation Law. However, the formulation of responsibility for environmental offenses is still relatively weak, coupled with the absence of a provision for when an environmental offense is committed by a corporation, and the inadequate arrangements for executing punishment for corporations. Through statutory and conceptual approaches, this study seeks to formulate criminal formulations that can be applied to corporations for environmental offenses. In this case, the research is focusing on the additional penalty of corporation dissolution which is seen as the ultimate punishment for corporate law subjects. The existence of dissolution as punishment might serve as an answer to other problems within the realms of environmental law enforcement. This study aims to present provisions of criminal penalties against corporations that pollute and/or damage the environment through editorial norms construction.

Copyrights © 2023






Journal Info

Abbrev

veritas

Publisher

Subject

Education Law, Crime, Criminology & Criminal Justice

Description

Veritas et Justitia is a law journal, managed and published under the auspices of the Faculty of Law, Universitas Katolik Parahyangan/Parahyangan Catholic University (UNPAR). The first edition was published in June 2015 and was meant to replace “Pro Justitia”, a law journal which ended its ...