PERTANGGUNGJAWABAN KORPORASI TERHADAP PEMBAKARAN HUTAN YANG BERKAITAN DENGAN TINDAK PIDANA LINGKUNGAN (Analisis Putusan Pengadilan Negeri Pelalawan Nomor :228/Pid.Sus/2013/PN.PLW)

Hutan. Tindak Pidana Lingkungan.

Authors

March 3, 2019
March 3, 2019

This corporate liability is made possible through the doctrine of strict
liability which in this doctrine of criminal responsibility can be charged to the
perpetrator of a criminal offense concerned with no need to be proved wrong
(intentional / negligent). Rather it is emphasized to the consequences of his actions
that have caused harm to society.The term of criminal liability is called
toerekenbaardheid or criminal responsibility which leads to the perpetrator's crime
with the intention of determining whether a defendant or suspect is accountable for a
crime that occurred or not.The current Criminal Code does not regulate corporate
criminal liability in the sense of not knowing corporation as a subject of crime. The
extension of the legal subject in this Act becomes its own particularity compared to
other criminal acts which can be prosecuted by corporations (legal entities) not
covered by the Criminal Code.However, legal entities as legal subjects have been
recognized in the new Criminal Code Bill. As for the formulation of the problem are:
First,how the accountability of corporations in the case of forest burning decision of
the District Court Pelalawan Number 228 / Pid.Sus / 2013 / PN. PLW ?, Second, what
are the forms of corporate responsibility in the case of forest fires? Third, how is the
execution of the judge's verdict on corporations in the case of forest fires? The
research method used is Juridical Normative, a study undertaken to review previous
studies on the legal principles of corporate liability for environmental crime in the
form of forest fires.Based on the discussion and analysis, it can be concluded as
follows: First, the action of forest and land burning cases conducted by Investigator
Subdit IV of Riau Police Distresskrimsus in the last 4 (four) years shows an increase
in cases.Where the case of forest burning, causing 3 (three) residents died due to
shortness of breath and burned when extinguish the fire, corporations as legal entities
certainly have legal identity. The legal identity of a corporation is based on its
shareholders, directors and other organs.A legal entity as a subject of civil law may
prosecute and be sued in a Court in a civil or criminal relationship. Second, criminal
liability can only occur after a person commits a criminal offense based on an
element of criminal liability; accountability, error in the broadest sense and no 345
excuses for forgiveness or justification.Third, the enforcement of criminal law aims to
punish the perpetrators with imprisonment or fines, corporations that commit
criminal offenses may be punished by fines and levies in the form of disciplinary
measures such as: forfeiture of profits derived from criminal acts, whole or partial
closures and repairs criminal act.

How to Cite

PERTANGGUNGJAWABAN KORPORASI TERHADAP PEMBAKARAN HUTAN YANG BERKAITAN DENGAN TINDAK PIDANA LINGKUNGAN (Analisis Putusan Pengadilan Negeri Pelalawan Nomor :228/Pid.Sus/2013/PN.PLW). (2019). Unes Journal of Swara Justisia, 2(3), 344-350. https://swarajustisia.unespadang.ac.id/index.php/UJSJ/article/view/77

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