Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 1 (2024): PENA JUSTISIA

The Implementation of Law Enforcement on Environmental Crime Perpetrated by Corporations in Relation to River Pollution

Rudolf Silaban (Fakultas Hukum Universitas Dharma Agung)



Article Info

Publish Date
22 Aug 2024

Abstract

There is an increasing trend to criminalize companies committing environmental crimes through criminal policies. Law No. 32 of 2009 on Environmental Protection and Management considers companies as legal entities with criminal liability. However, in practice, there are many obstacles in enforcing the law against businesses that commit criminal acts. For example, no company has been sanctioned for pollution cases in river basin areas (DAS). This research focuses on examining issues related to the application of environmental criminal liability by companies under Indonesian law and the efforts to tackle environmental crimes committed by companies. The research method used in this study is normative jurisprudence. According to the implementation of the law, companies that commit crimes of polluting river basins can be held criminally liable, including sanctions, fines for the company, and the directors or managers of the company being subject to corporate criminal penalties. To effectively address environmental crimes committed by companies around the river basins, two approaches can be used: first, criminal action (punishment) and second, collective action, which is a combination of non-criminal and criminal practices.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...