Kertha Patrika
Vol. 48 No. 2 (2026): Contemporary Challenges in Law: Comparative Perspectives on Justice, Legal Pro

Justice in Handling Environmental Crimes by Corporations: A Legal Philosophical Review of Postponement of Prosecution

Nadya Karunia Normayunita (Jenderal Soedirman University)
Rahadi Wasi Bintoro (Universitas Jenderal Soedirman)
Sri Wahyu Handayani (Universitas Jenderal Soedirman)
Jared Ivory (Charles Darwin University)



Article Info

Publish Date
30 Aug 2026

Abstract

The paradigm of natural resource utilization in Indonesia refers to the principle of retributive justice that provides equal opportunities for communities to manage and utilize natural resources. However, corporations often engage in acts of environmental exploitation that lead to pollution and environmental damage. This study aims to analyze the postponement of prosecution against corporations committing environmental crimes from the perspective of legal philosophy and justice. The study was conducted using normative research and a legislative and conceptual approach. Secondary data will be collected through a literature study method and will be analyzed qualitatively descriptively. The results show that the postponement of prosecution agreement is a concrete implementation of the paradigm shift of justice from retributive to restorative because law enforcement efforts are carried out as much as possible outside the courts. However, this paradigm shift creates problems because the absence of criminal sanctions against corporations will risk the repetition of criminal acts in the future. Therefore, a balance is needed in the process of corporate law enforcement so that environmental restoration efforts can still provide an optimal deterrent effect.

Copyrights © 2026






Journal Info

Abbrev

patrika

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Kertha Patrika Journal (KP) is a scientific law journal published by the Faculty of Law, Udayana University, Bali. It is imperative to note that articles which do not align with the Author Guidelines stipulated by Kertha Patrika Journal will be summarily rejected. All articles submitted by ...