Humaniorum Journal
Vol 1 No 02 (2023): Jurnal Humaniorum

Asas Pertanggungjawaban Mutlak (Strict Liability) dalam Penuntutan Tindak Pidana Lingkungan oleh Korporasi

Brahmantiyo Rasyidi (Sekolah Tinggi Ilmu Hukum IBLAM)
Gunawan Nachrawi (IBLAM College of Law)
Juwita Juwita (IBLAM College of Law)



Article Info

Publish Date
15 Apr 2023

Abstract

Indonesia is a legal country that upholds its legal principles.  So far, the understanding of law has focused only on rigid rules and legal systems, without considering their relationship to the issues that need to be resolved. In the face of continuous changing times, humans need to adapt and transform in an effort to stay afloat. development also produces adverse consequences for society itself. One of the common negative impacts associated with development is its impact on the environment. The development carried out often causes problems in maintaining environmental sustainability. Corporations are colloquially called corporatie, corporation, or corporate in latin. In a narrow sense, it can be interpreted as a legal entity that has the authority to act and do something. In Indonesia, there is an incident that is still a vivid example of environmental pollution by corporate companies. Corporate criminal liability as a subject of criminal acts faces challenges when law enforcement officials still base it on the principle of culpability, which means "there is no criminality in the absence of guilt". The principle of absolute responsibility (Strict Liability) has been regulated in Article 88 of Law No. 32 of 2009 on Environmental Protection and Management in Indonesia. the author is interested to analyze the principle of strict liability in corporate responsibility and its application to environmental crimes with the title principle of absolute responsibility (Strict Liability) in the prosecution of environmental crimes by corporations. normative legal research methods that are descriptive.

Copyrights © 2023






Journal Info

Abbrev

humaniorum

Publisher

Subject

Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science

Description

Humaniorum Journal is an open-access journal published by Elena, published four times a year. Humaniorum Journal is a scientific publication media in the form of conceptual papers and field research related to the study of Law, Humaniora, social science, and development. The Humaniorum Journal is ...