Custodia: Journal of Legal, Political, and Humanistic Inquiry
Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry

Pertanggungjawaban Pidana Korporasi atas Pencemaran dan Perusakan Lingkungan: Studi Normatif terhadap Prinsip Strict Liability di Indonesia

Rafli Ramdani (Unknown)
Chandra Devaraihan Wahyudi (Unknown)
Sultan Novaliyana Putra (Unknown)



Article Info

Publish Date
30 Dec 2025

Abstract

Corporations play a vital role in economic development, yet massive industrialization often negatively impacts environmental sustainability. This article examines the legal construction of corporate criminal liability in environmental crimes in Indonesia. The research focuses on the paradigm shift from "societas delinquere non potest" to recognizing corporations as subjects of criminal law, as well as analyzing the application of Law No. 32 of 2009 concerning Environmental Protection and Management (UU PPLH) and Supreme Court Regulation (PERMA) No. 13 of 2016. The research method used is normative juridical. The discussion results indicate that corporate criminal liability is absolutely necessary to provide a deterrent effect and environmental remediation. The application of the Strict Liability principle and identification theory are crucial instruments for law enforcement to prosecute corporations, not only at the field operator level but also the directing mind or corporate management.

Copyrights © 2025






Journal Info

Abbrev

custodia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal that focuses on the dissemination of high-quality research in the fields of law, politics, and humanities. It serves as an open platform for scholars, researchers, practitioners, and students to publish ...