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Research Paper | Law | Indonesia | Volume 10 Issue 9, September 2021 | Popularity: 5 / 10

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Corporate Criminal Liability as a Performance of Forest Fire based on Strict Liability Principles

Afryadin Rusdyani, Alfitra

Abstract: Environmental issues are often a hot topic of discussion when a disaster occurs, but when everything is safe, environmental awareness will soon sink behind the hustle and bustle of development. The objectives to be achieved through writing and legal research are to identify and examine the application of the principle of strict liability to corporations that commit criminal acts based on Law no.32 of 2009 concerning the Protection and Management of the Environment and the obstacles faced by the government in terms of the application of the principle of strict liability to corporations that commit criminal acts based on Law no.32 of 2009 concerning Environmental Protection and Management. This research is a normative juridical research, using a descriptive analytical approach. It was concluded that the enforcement of criminal law in the Law on Environmental Protection and Management introduces the threat of minimum punishment in addition to the maximum, expansion of evidence, punishment for violations of quality standards, integration of criminal law enforcement, and regulation of corporate crimes. Environmental criminal law enforcement continues to pay attention to the ultimum remedium principle which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful. The application of the ultimum remedium principle only applies to certain formal criminal acts, namely the punishment of violations of quality standards (measurement limits or acceptable levels of pollutants to be included in the media) wastewater, emissions, and disturbances. There are many obstacles faced by the government in terms of implementing the principle of strict liability related to law enforcement, including the constraints on Human Resources (HR) of law enforcement is a factor in the ineffectiveness of environmental criminal law enforcement, especially in regions, it cannot be said that law enforcers have master the ins and outs of environmental law, even the introduction of environmental law is still lacking. Apart from environmental crimes, environmental crimes have not become a priority compared to other cases, such as theft, murder, corruption and others. The reason is proof, determining the causal relationship between the act of pollution and the victim of an environmental crime where pollution occurs requires experts and special laboratories.

Keywords: Criminal, Environment, Corporate, Responsibility

Edition: Volume 10 Issue 9, September 2021

Pages: 97 - 104

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