Corporate Criminal Liability on the Environmental Crime in Indonesia

Lasmadi, Sahuri (2021) Corporate Criminal Liability on the Environmental Crime in Indonesia. Journal of Legal, Ethical and Regulatory Issues, 24 (1). p. 1. ISSN 1544-0044

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Abstract

The criminal complexity which related with enviromental that’s done by corporation comes to question “is it possible the formulation in article 116 of the act number 32 year 2009 on Environmental Protection and Management, considering that corporation is legal body, surely it has no intention to act the crime. Yet what criminal sanction that suitable to implement for corporation. By the problem mentioned above, it is difficult to determine corporate criminal liability. Hence if it is used conventional liability concept which ought to have a crime that done by perpetrator, it is ought to have guilty element (schuld) as intentionally (dolus) or neglegently (culpa), it is must have perpetrator who is capable to responsible, and no excuse reason. The problem of criminal liability is impossible to be thought consedering there is intention or neglegence, if the person is not able tobe responsible. And so it can’t be thought concerning excuse reason, if the person is not able tobe responsible and there is no intention or neglegence. In the princple corporation can be burdened responsiblity as person. This only the formulation in Article 116 of the Act number 32 of 2009 on Environmental Protection and Management does not explain limitatifly when it can be considered that corporation has been acted crime, it is because corporation is not human, surely it has no intention to commit the crime.

Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	L
Date Deposited:	15 Apr 2021 02:46
Last Modified:	15 Apr 2021 02:46
URI:	https://repository.unja.ac.id/id/eprint/19444

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