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VOL. 9, ISSUE 2 (2023)
Legal reconstruction of corporate criminal accountability for environmental crime based on justice value
Authors
Rudolf Silaban, Gunarto, Sri Endah Wahyuningsih
Abstract
The purpose of this research is to find out what are the current weaknesses of corporate criminal responsibility as perpetrators of environmental crimes and how is the reconstruction of corporate criminal responsibility regulations as perpetrators of environmental crimes based on justice values. The method used in this study uses a normative juridical approach with a constructivist paradigm. The results of the research show that the Weaknesses in the form of corporate criminal responsibility as perpetrators of environmental crimes are based on two concepts, namely strict liability and vicarious liability, in which the concept of corporate responsibility can be borne by the corporation as well as management or controlling personnel. therefore, the Reconstruction of corporate criminal responsibility as perpetrators of environmental crimes in Law no. 32/2009 concerning PPLH in conjunction with Law no. 11/2020 concerning Job Creation, namely by amending the provisions of Article 88, Article 117, Article 119, and Article 120 of Law no. 32/2009 regarding PPLH. Amendment to Article 88 is intended to restore the concept of absolute responsibility (strict liability) so that according to corporate responsibility there is no need to prove guilt. Amendments to Article 117, Article 119, and Article 120 of Law no. 32/2009 concerning PPLH are aimed at positioning additional sanctions in the form of correction of criminal acts into sanctions for actions that stand alone in addition to the main criminal sanctions in the form of fines imposed on corporations.
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Pages:98-102
How to cite this article:
Rudolf Silaban, Gunarto, Sri Endah Wahyuningsih "Legal reconstruction of corporate criminal accountability for environmental crime based on justice value". International Journal of Law, Vol 9, Issue 2, 2023, Pages 98-102
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