JHCLS
Vol 3, No 3 (2023): Journal of Human Rights, Culture and Legal System

The Role of the Corporate Penalty System on Environmental Regulation

Rais Torodji (Faculty of Law, Universitas Sebelas Maret, Surakarta)



Article Info

Publish Date
02 Nov 2023

Abstract

The enforcement of the punishment system against corporations for environmental crimes has been unfair, including eliminating environmental permits and minimizing public participation, blurring strict liability or absolute responsibility, centralized supervision, minimizing administrative sanctions, removing corporate criminal liability, and eliminating the ecological organizational lawsuit scheme. The punishment system for corporations in environmental crimes is unjust because the threat of punishment is not proportional to the impact of the act, blurring the norm of strict liability, reducing corporate criminal liability, and forming Law Number 11 of 2020 concerning Job Creation (Job Creation Law) without following law and regulation principles. Reforming the sentencing system by amending the Job Creation Law can help solve the environmental cluster's punishment and law enforcement issues and strengthen environmental supervision by optimizing PPLH capacity through a merit system, management based on transparent and accountable rules, policies, strategies, and programs, and information on superannuation results can help.

Copyrights © 2023






Journal Info

Abbrev

JHCLS

Publisher

Subject

Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

Description

Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of ...