PERTANGGUNGJAWABAN PIDANA KORPORASI PADA KASUS KEJAHATAN LINGKUNGAN (SINKRONISASI UNDANG-UNDANG NO 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS DENGAN REGULASI PERUNDANG-UNDANGAN LAINNYA YANG MENGATUR TENTANG KEJAHATAN LINGKUNGAN)

Abstract

Pollution and environmental damage often occur in a process of development or
production of a person or corporation. Corporation or limited liability company is a business
entity or legal entity which in its production process is directly related to the environment.
For this reason, it is very likely that the production process can result in pollution or
environmental damage. The purpose of this study was to determine the criminal liability of
corporations in environmental crime cases and legal arrangements regarding corporate
criminal liability in cases of environmental crime in contributing to the reduction in the
number of current environmental crime cases
This type of research is normative legal law research that focuses on principles by
formulating legal principles, both from social data and from positive written legal data,
whereas if seen from the nature of this research is descriptive. This study uses secondary
data, namely data that has been prepared.
The results of this study are corporate criminal liability in cases of environmental
crime based on Law Number 40 of 2007 concerning Limited Liability Companies with other
legislations that regulate environmental crime, namely: a) corporate managers as makers of
criminal acts and corporate managers who are responsible criminal; b) the corporation as
the maker of a criminal act, but the corporate management is criminally responsible; c)
corporations as makers of criminal acts and corporations that are criminally responsible.
The legal regulation regarding corporate criminal liability in cases of environmental crime
in contributing to the reduction of the number of cases of current environmental crime is
being able to prosecute and convict individuals, including administrators or managers,
including the corporation itself by paying attention to and adhering to the objectives of social
policy. namely protection and welfare of the community so as to reduce the number of
environmental crimes.
Keywords: criminal liability, corporation.