DIKTUM: JURNAL SYARIAH DAN HUKUM
Vol 24 No 1 (2026): DIKTUM: Jurnal Syariah dan Hukum (Inpress)

Corporate Liability in Environmental Crimes: A Comparative Study of Indonesian and Islamic Criminal Law

Rodia, Harahap (Unknown)
Ramadani (Unknown)



Article Info

Publish Date
13 Aug 2025

Abstract

Background: Environmental degradation resulting from corporate and individual actions remains a persistent legal challenge in Indonesia. Despite the existence of regulatory frameworks such as Law No. 32/2009 on Environmental Protection and Management (as amended), enforcement remains weak—particularly in corporate-related crimes, as exemplified by the H₂S gas leak incident in Mandailing Natal.. Purpose: This study investigates criminal liability for environmental crimes from the perspectives of Indonesian positive law and Islamic criminal law.. Methods: Using a normative legal research method supported by comparative and case approaches, the study examines legal texts, jurisprudence, and relevant Islamic legal doctrines within the framework of maqāṣid al-sharī‘ah. Results: Findings suggest that while Indonesian law provides sufficient formal basis for corporate prosecution, its implementation lacks consistency. In contrast, Islamic criminal law, through ta‘zīr principles, offers a moral-ethical framework emphasizing justice, deterrence, and ecological responsibility. Implication: The study highlights the urgency of integrating ethical-legal principles from Islamic jurisprudence into the existing legal system to ensure more equitable environmental justice. Originality: This paper’s novelty lies in its contextual application of maqāṣid-based reasoning to corporate environmental crimes

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Journal Info

Abbrev

diktum

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Family in Law, Islamic Law, Islamic Jurisprudence Studies, Islamic Economy Law, Islamic Political Jurisprudence, Islamic Comparative Law and Islamic ...