PENEGAKAN HUKUM PERTANGGUNGJAWABAN KORPORASI DALAM TINDAK PIDANA LINGKUNGAN HIDUP

Authors

  • Irawan Mahardika Universitas Narotama Surabaya, Indonesia
  • Moh. Saleh Universitas Narotama Surabaya, Indonesia

Keywords:

law enforcement, environmental criminal act, corporate liability

Abstract

Land and forest fire especially peatland so far had been a serious concern for the government that pay attention nationally and cross country. Law enforcement of environment for a criminal that burn forests and land areas are important because resulted in an impairment of health and environrnental damage. Provisions on corporate accountability for the environment in a criminal offense has been regulated in Law Number 40 of 2007 on Limited Liability Company that had been said the company could not set them free from criminal responsibility terms of companies made pollution and damage the environment. Law Number 32 of 2009 on The Protection And Environmental Management (PPLH) also regulate if accountability may be subject to the body of laws and the managers together, in activities and/or corporate business if it causes the pollution and or damage environment. PPLH Law were then supported with a device rules of case handling in the Supreme Court such as Supreme Court Regulation Number 13 of 2016 on the procedures for case handling of a criminal act in corporate and Decree of Chief Justice of The Republic of Indonesia Number:36/KMAISK/11/2013 about the guidelines of case handling in environmental issue.

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Published

2023-10-10