Legal Spirit
Vol. 9 No. 1 (2025): Law and Society

Kebakaran Lahan Gambut: Pertanggungjawaban Tindak Pidana Korporasi

Amin, Hidayat (Unknown)



Article Info

Publish Date
12 Apr 2025

Abstract

In criminal liability for environmental crimes, it is not only individuals who can be held criminally responsible, but corporations can also become defendants. This is the case in Decision No. 2042K/Pid.Sus/2015, which made PT Adei Plantation & Industry the defendant for the burning of peatlands. In the verdict, PT Adei Plantation & Industry was the only defendant without involving the management of the corporation. However, in the end, the management of the corporation (directors) who represented the corporation at the trial, was subject to substitute punishment if the corporation did not comply with the court's decision as contained in the first-level decision which was upheld until the cassation level at the Supreme Court. Therefore, this research will discuss the accuracy of the determination of PT Adei Plantation & Industry as a defendant and the imposition of appropriate sanctions for corporations so that the punishment given is right on target, especially for the environment. In conducting this research, a normative juridical research method will be used. So that in analyzing this research will be based on normative regulations and also various books and documents that support this research. This research shows that the determination of a corporation as a defendant can be based on several doctrines that depend on the criminal offense that occurred. In addition, there is an error in the imposition of criminal sanctions in the PPLH Law which results in the management of a corporation that has never been made a defendant also getting a substitute punishment if the corporation does not fulfill the punishment that has been imposed on the corporation.

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Journal Info

Abbrev

jhls

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Legal Spirit journal is managed by the Postgraduate Masters of Law, Universitas Widya Gama Malang. Legal Spirit Journal can be used as a reference in an effort to achieve the ideals of the rule of law that everyone dreams of in accordance with Pancasila and the 1945 Constitution. LEGAL SPIRIT ...