Journal of Innovation Research and Knowledge
Vol. 6 No. 4 (2026): September 2026

Penegakan Hukum Pidana Terhadap Korporasi Pelaku Tindak Pidana Pembuangan Limbah Industri Yang Mengakibatkan Pencemaran Lingkungan Hidup Di Indonesia

Wan Fathiriansyah (Universitas Dr. Soetomo Surabaya)
Dudik Djaja Sidarta (Universitas Dr. Soetomo Surabaya)
Moh Taufik (Universitas Dr. Soetomo Surabaya)
Hartoyo Hartoyo (Universitas Dr. Soetomo Surabaya)



Article Info

Publish Date
05 Sep 2026

Abstract

This study aims to analyze the legal framework governing corporate criminal liability and the mechanisms of criminal law enforcement against corporations responsible for industrial waste disposal that causes environmental pollution in Indonesia. A healthy environment is a constitutional right of every citizen as stipulated in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. However, the rapid development of the industrial sector is often accompanied by illegal waste disposal practices that result in significant ecological, social, and economic losses. This study employs a normative juridical method using a statutory approach and a conceptual approach. The findings indicate that the legal framework governing corporate criminal liability in Indonesia has a comprehensive normative basis through Law Number 32 of 2009 concerning Environmental Protection and Management, as amended by Law Number 6 of 2023, and supported by Supreme Court Regulation Number 13 of 2016. Normatively, corporations are recognized as subjects of criminal law that may be held criminally liable and subjected to sanctions in the form of fines and additional penalties aimed at restoring environmental functions. Nevertheless, the implementation of criminal law enforcement against corporations continues to face serious obstacles, including the complexity of proving corporate fault, the limited capacity of law enforcement officials in establishing scientific evidence, and the tendency of law enforcement authorities to prioritize prosecution of individual corporate managers rather than the corporate legal entity itself. In conclusion, effective law enforcement requires optimization through strengthening law enforcement capacity, improving inter-agency coordination, and consistently imposing sanctions on corporations to create a deterrent effect and ensure environmental sustainability in Indonesia.

Copyrights © 2026






Journal Info

Abbrev

JIRK

Publisher

Subject

Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Innovation Research and Knowledge, published by Bajang Institute. Published in two formats, print and online, print version of ISSN: 2798-3471 and the online version of ISSN: 798-3641, both of which are published every month. The scope of the journal studies broadly includes: Culture (a ...