PERTANGGUNGJAWABAN PIDANA KORPORASI SEBAGAI PELAKU KEBAKARAN HUTAN BERDASARKAN ASAS STRICT LIABILITY

Afryadin Rusdyani, . (2022) PERTANGGUNGJAWABAN PIDANA KORPORASI SEBAGAI PELAKU KEBAKARAN HUTAN BERDASARKAN ASAS STRICT LIABILITY. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

Abstract Environmental issues are often a hot topic of conversation when a disaster occurs, but when everything is safe, environmental awareness will immediately sink behind the frenzy of development. The objective to be achieved through writing and legal research is to identify and study the application of the principle of strict liability to corporations that commit criminal acts based on Law No. 32 of 2009 concerning Protection and Management of the Environment as well as the obstacles faced by the government in terms of implementing the principle of strict liability for corporations that commit criminal acts based on Law No. 32 of 2009 concerning Protection and Management of the Environment. This research is a normative juridical study, using a descriptive analytical approach. It is concluded that the enforcement of criminal law in the Law on Environmental Protection and Management introduces the threat of minimum and maximum punishment, expansion of evidence, penalties for violations of quality standards, integrated criminal law enforcement, and regulation of corporate crime. Enforcement of environmental criminal law still observes the principle of ultimum remedium which obliges the application of criminal law enforcement as a last resort after the application of administrative law enforcement is deemed unsuccessful. The application of the ultimum remedium principle only applies to certain formal crimes, namely the punishment for violations of quality standards (limit measures or tolerable levels of pollutants for inclusion 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 human resource constraints (HR) law enforcers, which are the ineffective factor of environmental criminal law enforcement, especially in regions, it cannot be said that law enforcers have mastering the ins and outs of environmental law, even the introduction of environmental law is still lacking. Apart from criminal action, the environment has not become a priority compared to other cases, such as theft, murder, corruption and others. The reason for this is proof, determining the causal relationship between an act of pollution and a victim of environmental crime when pollution occurs requires specialists and laboratories. Keywords: Criminal, Environmental, Corporate, Responsibility

Item Type:	Thesis (Tesis)
Additional Information:	No. Panggil: 1720622078 Pembimbing: Alfitra
Uncontrolled Keywords:	Criminal, Environmental, Corporate, Responsibility.
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	Afryadin Rusdyani
Date Deposited:	20 Jul 2022 02:17
Last Modified:	01 Sep 2022 08:37
URI:	http://repository.upnvj.ac.id/id/eprint/16586

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