Jurnal Al-Ahkam : Jurnal Hukum Pidana Islam
Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam

REVIEW OF ISLAMIC CRIMINAL LAW ON CORPORATE LIABILITY FOR ENVIRONMENTAL POLLUTION: A CASE STUDY OF PT BINTANG WARNA MANDIRI

Afif Ilyas Zaqhlul (UIN Sunan Gunung Djati Bandung)
Deden Najmudin (Universitas Islam Sunan Gunung Djati Bandung)
Yusup Azazy (Universitas Islam Sunan Gunung Djati Bandung)



Article Info

Publish Date
28 Sep 2026

Abstract

Environmental pollution caused by industrial activities may give rise to administrative, civil, and criminal liability under different legal frameworks. This study aims to analyze the legal liability of PT Bintang Warna Mandri (PT BWM) based on Supreme Court Decision No. 4860 K/Pdt/2022, examine the relevance of the legal facts of the case to the elements of Article 98 paragraph (1) of Law No. 32 of 2009 concerning Environmental Protection and Management, and analyze the matter from the perspective of Islamic Criminal Law. This study employs a normative juridical method using statutory, case, and conceptual approaches. Primary legal materials, consisting of legislation and court decisions, were analyzed through qualitative juridical analysis. The findings show that Decision No. 4860 K/Pdt/2022 concerns a civil environmental case applying strict liability and compensation and therefore cannot be equated with a criminal judgment under Article 98 paragraph (1). The elements of Article 98 must be independently established through the legal subject, intent, conduct, prescribed consequences, and causal relationship. From the perspective of Islamic Criminal Law, pollution may be analyzed as fasād fī al-arḍ and as conduct causing ḍarar, while environmental protection may be understood as a contemporary development of maqāṣid al-sharī‘ah. Remedial and compensatory liability must be distinguished from ‘uqūbah ta‘zīr; therefore, the model of corporate liability may be directed toward environmental restoration, prevention of recurrence, and proportionate sanctions based on the degree of harm.

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Journal Info

Abbrev

al-ahkam

Publisher

Subject

Description

The aim of Al-Ahkam Journal: Journal of Islamic Criminal Law is to promote and publish research-based articles having a depth discussion of the theories and practices of Islamic Law and Criminal Law related concerns by encouraging inquiries into relationship between theoretical and practical ...