Publication Search

Corporate involvement in environmental crimes has emerged as an increasingly complex legal challenge in Indonesia, given its profound consequences for ecological sustainability and public welfare. This study examines the normative construction of corporate criminal liability within Indonesia's positive legal framework and identifies juridical obstacles undermining enforcement effectiveness. A normative legal research method was employed, incorporating statute, conceptual, and comparative approaches. Although legal instruments such as Law No. 32 of 2009, Supreme Court Regulation No. 13 of 2016, and Law No. 1 of 2023 provide a formal basis for corporate criminal accountability, their implementation is hindered by normative inconsistencies. Key obstacles include difficulties in proving corporate mens rea, limited institutional capacity, regulatory ambiguity, and absence of Piercing the Corporate Veil integration. These conditions create normative gaps perpetuating weak corporate accountability recurring environmental violations. This study recommends regulatory reformulation, harmonization of legal instruments, strengthened institutional capacity toward effective and equitable environmental justice.

Illegal logging is a form of environmental crime that has a serious impact on forest destruction, loss of biodiversity, and disruption of ecosystem balance. This study aims to analyze law enforcement efforts against illegal logging practices in the Kwala Serapuh Village Forest area. The method used in this study is an empirical juridical approach with data collection through interviews, field observations, and documentation. The results of the study show that despite the existence of regulations governing forest protection, law enforcement still faces various obstacles such as weak supervision, limited resources of law enforcement officials, and the involvement of individuals in these illegal practices. Efforts made include taking action against perpetrators, increasing patrols, and empowering communities around the forest. However, the effectiveness of law enforcement still needs to be improved through inter-institutional synergy, strengthening the capacity of the apparatus, and increasing community participation. This study concludes that law enforcement against illegal logging in the Kwala Serapuh Village Forest is still not optimal and requires a more comprehensive approach.

This research examines criminal law enforcement strategies against perpetrators of illegal black stone mining in Suwawa, Gorontalo, with a normative-empirical approach. illegal mining activities in this region not only violate the law, but also damage the environment and create social conflicts. Although there is a strict legal basis, its implementation is still weak due to weak coordination between institutions, the involvement of unscrupulous officials, and the lack of economic alternatives for the community. This research identifies that repressive approaches alone are ineffective, so an integrative strategy is needed that includes restorative justice, strengthening customary law, digitizing surveillance, and empowering the local economy. Structural barriers such as power relations, weak surveillance and social resistance are the main hindering factors. This research recommends institutional reform and community engagement as keys to the success of fair and sustainable law enforcement in addressing environmental crimes such as illegal mining.

Corporate crime in the environmental sector is one of the biggest challenges in law enforcement in Indonesia. Companies that pollute or destroy the environment are often difficult to hold criminally liable due to the impersonal nature of their legal entities. This study aims to analyze the effectiveness of law enforcement against corporations that commit environmental crimes and the obstacles faced by law enforcement officials in proving and imposing crimes against corporations. The method used is normative juridical with a legislative approach and case studies. This research found that although there is already a fairly strong legal framework, such as in Law No. 32 of 2009 and the new Criminal Code, implementation in the field is still weak. Some of the inhibiting factors include the difficulty of proving the responsibility structure in the corporation, the lack of investigator capacity, and the influence of economic power from corporations. Therefore, it is necessary to strengthen regulations, apparatus capacity, and corporate criminal accountability mechanisms that are more adaptive and firm.

In carrying out economic development in Indonesia, it has an impact on the rampant environmental damage which means the rampant environmental crimes that occur in Indonesia. Basically, these development activities contain the risk of environmental pollution and damage. Lack of supervision of environmental management permits by authorized agencies, law enforcement officers who are less than optimal in enforcing environmental law and weak criminal sanctions and compensation applied to business actors who violate, cause a lack of deterrent effect on business actors who violate. In addition, the desire of business actors who only prioritize profit and do not care about environmental recovery by ignoring the management of solid waste of Hazardous and Toxic Materials (B3) which can have a fatal impact on the environment. Management of hazardous and toxic waste (B3) in Indonesia is guided by Government Regulation Number 101 of 2014 concerning Management of Hazardous and Toxic Waste (B3) and Law Number 32 of 2009 concerning Environmental Protection and Management. B3 waste is a waste or waste whose nature and concentration contain toxic and hazardous substances so that directly or indirectly it can damage the environment, disrupt health, and threaten the survival of humans and other organisms. B3 waste is not only produced from industrial activities but household activities can produce several types of this waste. The method used is normative legal research by examining the regulations and laws that regulate it. This study aims to determine the relationship between positive legal regulations and the problem of B3 waste and how to overcome this B3 waste so that the environment is maintained.    

In today's criminal justice discourse, restorative justice has gained traction. A restorative justice system has been included into the institutional policy of several law enforcement agencies. Additionally, it is included in the 2020–2024 National Medium-Term Development Plan (RPJMN). Since restorative justice is beneficial to and compatible with environmental conservation, it has also been developed in the field of environmental law. In light of this, the present study examines restorative justice as a broad idea within the context of Indonesian environmental legislation. This paper also highlights issues and considers critically whether the normative juridical approach of restorative justice may be used to address environmental crimes.

Environmental damage in Indonesia is getting worse day by day. This condition has directly threatened human life. Environmental law enforcement is an action and/or process of coercion to comply with the law which is based on the provisions of statutory regulations. The aim of this research is to analyze efforts to resolve cases against corporations that damage the environment in Indonesia. Case Study Batam District Court Decision Number 932/Pid.Sus/2020/PN Btm. The method used in this research is normative juridical, namely library legal research carried out by examining library materials or secondary data. The results of his research are that law enforcement against corporations that damage the environment can be subject to criminal sanctions, administrative sanctions, and civil lawsuits can also be filed by the government. This is regulated in Law Number 32 of 2009 concerning Environmental Protection and Management. The criminal sanctions received by PT. Kayla Alam Sentosa, who has intentionally committed an act that results in exceeding the Standard Criteria for Environmental Damage, is subject to a fine of Rp. 6,000,000,000,- (six billion rupiah). The conclusion is that criminal liability for corporations as perpetrators of environmental crimes is also subject to criminal penalties, apart from criminal penalties, they can also be subject to administrative sanctions, namely in the form of revocation of business permits. If it is deemed that the impact of environmental damage is greater than the criminal fine imposed, the corporation can also be sued civilly.

The seriousness of the Indonesian government in paying attention to the environment is manifested in the existence of Law Number 32 of 2009 concerning Environmental Management by regulating criminal liability for corporate legal subjects subject to criminal penalties. This is because many environmental crimes are committed by corporations and may also be carried out by corporate shareholders as policy controllers of a corporation. Against the background of environmental criminal acts which are often committed by corporations and even shareholders are also involved in these criminal acts, this article aims to provide an illustration that shareholders can also be given criminal sanctions. The method used in this research is normative juridical with a literature study approach. The results of this research explain that corporations that commit environmental crimes are clearly regulated in Law Number 32 of 2009 so that criminal sanctions can be given to provide deterrence to corporate perpetrators, but for corporate shareholders involved it is not yet explicitly regulated in Law Number 32 of 2009. 2009 because they have not adopted the Piercing the corporate veil doctrine and the alter ego doctrine as in Law Number 40 of 2007 concerning Limited Liability Companies in article 3 paragraph (2) which eliminates the immunity rights of shareholders so that they can be punished.

In Article 80 of the Law on Environmental Protection and Management, it has been regulated regarding government coercive administrative sanctions aimed at stopping violations and taking action to restore environmental functions.  According to Law no.  32 of 2009 regarding the protection and management of the environment which is already stated in Article 1 paragraph (14) which states that environmental pollution is the entry or inclusion of living things.  The data analysis method used is qualitative with research results based on certain statutory norms related to environmental protection and management.  In Indonesia there have been several cases that are quite detrimental and endanger the region itself.  To protect the area from these things, the government also issued an Environmental Protection and Management Act aimed at protecting and preventing the environment from environmental crimes from irresponsible actors as well as informing or guiding local communities and entrepreneurs to protect their environment.  Fine criminal sanctions are carried out to overcome and restore the environment, and pay compensation to the government as an environmental supervisor.  The principle of ultimum remedium is applied here, namely criminal sanctions that are given after administrative sanctions have been given once to the perpetrators of crimes in the form of imprisonment and also fines.  Imprisonment sanctions as an ultimatum remedium support the enforcement of norms and strengthen administrative sanctions if they are not implemented optimally.