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Legal Forms Against Corporations as Perpetrators of Environmental Crime in Indonesia: Study Based on the Environmental Protection and Management Law

Samarah: Jurnal Hukum Keluarga dan Hukum Islam · Vol. 8 No. 2 (2024) · pp. 646–664

DOI
10.22373/sjhk.v8i2.22071
ISSN
2549-3167, 2549-3132
Published
2024-05-07
Publisher
Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry
Language
eng

Abstract

The Indonesian Criminal Code regulates as a legal subject is a natural person. The development of criminal law in Indonesia has made the perpetrators not only individuals but also corporations. Where corporations are legalised by the state through legislation. One of the Indonesian laws that regulates corporations as offenders is Law of the Republic of Indonesia No. 32 of 2009 on Environmental Protection and Management. The companies in environmental management can control community land with the status of Cultivation Rights Title and Building Rights Title. In reality, however, the regulation of companies as perpetrators of crimes is still weak and there is no uniformity of regulation to have a deterrent effect. The method used in this paper is normative jurisprudential legal research, focusing on the identification of criminal sanctions against corporate environmental offenders, with a legal approach. The results of the research showed that the criminal regulation against the perpetrators of criminal acts has been regulated as an ultimum remedium for certain cases, but it is less assertive towards the victims of criminal acts and requires a firm and fair regulation and binds all parties involved in the legalisation of the corporation and the protection of its victims. The legal regulation of corporate criminal offences in the Criminal Code has not been clearly regulated, but in the Law of the Republic of Indonesia No. 32 of 2009 on Environmental Protection and Management, as one of the sectoral laws, the regulation has been carried out, but has not adopted the legal wisdom prevailing in the community, although it has been established.

Keywords

Collaboration network of the authors

40 authors · 90 co-authorship links · showing the 40 most connected

Hover or tap a name to highlight its co-authors. Double-click to open the author's page.

  • Universitas Halu Oleo
  • State University of Medan
  • Hasanuddin University
  • Syarif Hidayatullah State Islamic University Jakarta
  • Affiliation unknown
  • Different organisations
  • Same organisation
  • Affiliation unknown
  • Thicker line = more joint articles · bigger circle = more articles
Show as table
Co-authorOrganisationJoint articles
Tadjuddin TadjuddinAffiliation unknown2
Amrin SaragihAffiliation unknown2
Mansyur AsriAffiliation unknown2
Ferdi FerdiAffiliation unknown2
Muh. DinAffiliation unknown2
Akmal Handi Ansari NasutionAffiliation unknown2
Zulfiani ZulfianiSyarif Hidayatullah State Islamic University Jakarta2
Rini FitrianiAffiliation unknown2
Irmawatty Paula TamburakaAffiliation unknown1
Christofel Filemon DirmanAffiliation unknown1
isti istiAffiliation unknown1
Aminuddin Mane KandariUniversitas Halu Oleo1
La Ode SafuanUniversitas Halu Oleo1
Ansharullah AnsharullahUniversitas Halu Oleo1
Asranudin AsranudinAffiliation unknown1
Tamrin TamrinAffiliation unknown1
Afdilla MoulidyaAffiliation unknown1
Ernawati ErnawatiAffiliation unknown1
Fauziah Khairani LubisState University of Medan1
Iskandar SyahputeraAffiliation unknown1
Siti Aisah GintingAffiliation unknown1
Berlin SibaraniAffiliation unknown1
Immanuel Prasetya GintingAffiliation unknown1
Isli Iriani Indah PaneAffiliation unknown1
Muhammad IqbalHasanuddin University1
Nurini ApriliandaAffiliation unknown1
Mufatikhatul FarikhahAffiliation unknown1
Darmawan DarmawanAffiliation unknown1
Suhaimi SuhaimiAffiliation unknown1
T. Rasyidin T. RasyidinAffiliation unknown1
Mustakim MustakimAffiliation unknown1
Siti SaharaAffiliation unknown1
Nurasyiah NurasyiahAffiliation unknown1
Ernawati ErnawatiAffiliation unknown1
Retno TwistiandayaniAffiliation unknown1
Dede NasrullahAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://jurnal.ar-raniry.ac.id/index.php/samarah/oai, first harvested 7 Nov 2026, last seen 7 Nov 2026.
Original metadata (oai_dc) 
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	<dc:title xml:lang="en">Legal Forms Against Corporations as Perpetrators of Environmental Crime in Indonesia: Study Based on the Environmental Protection  and Management Law</dc:title>
	<dc:creator xml:lang="en">Natsir, Muhammad</dc:creator>
	<dc:creator xml:lang="en">Ulya, Zaki</dc:creator>
	<dc:creator xml:lang="en">Rachmad, Andi</dc:creator>
	<dc:creator xml:lang="en">Krisna, Liza Agnesta</dc:creator>
	<dc:subject xml:lang="en">Legal forms</dc:subject>
	<dc:subject xml:lang="en">corporations</dc:subject>
	<dc:subject xml:lang="en">environmental crimes</dc:subject>
	<dc:subject xml:lang="en">environmental protection</dc:subject>
	<dc:subject xml:lang="en">environmental law</dc:subject>
	<dc:description xml:lang="en">The Indonesian Criminal Code regulates as a legal subject is a natural person. The development of criminal law in Indonesia has made the perpetrators not only individuals but also corporations. Where corporations are legalised by the state through legislation. One of the Indonesian laws that regulates corporations as offenders is Law of the Republic of Indonesia No. 32 of 2009 on Environmental Protection and Management. The companies in environmental management can control community land with the status of Cultivation Rights Title and Building Rights Title. In reality, however, the regulation of companies as perpetrators of crimes is still weak and there is no uniformity of regulation to have a deterrent effect. The method used in this paper is normative jurisprudential legal research, focusing on the identification of criminal sanctions against corporate environmental offenders, with a legal approach. The results of the research showed that the criminal regulation against the perpetrators of criminal acts has been regulated as an ultimum remedium for certain cases, but it is less assertive towards the victims of criminal acts and requires a firm and fair regulation and binds all parties involved in the legalisation of the corporation and the protection of its victims. The legal regulation of corporate criminal offences in the Criminal Code has not been clearly regulated, but in the Law of the Republic of Indonesia No. 32 of 2009 on Environmental Protection and Management, as one of the sectoral laws, the regulation has been carried out, but has not adopted the legal wisdom prevailing in the community, although it has been established.</dc:description>
	<dc:publisher xml:lang="en">Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry</dc:publisher>
	<dc:date>2024-05-07</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
	<dc:type>info:eu-repo/semantics/publishedVersion</dc:type>
	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://jurnal.ar-raniry.ac.id/index.php/samarah/article/view/22071</dc:identifier>
	<dc:identifier>10.22373/sjhk.v8i2.22071</dc:identifier>
	<dc:source xml:lang="en">Samarah: Jurnal Hukum Keluarga dan Hukum Islam; Vol. 8 No. 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam; 646-664</dc:source>
	<dc:source>2549-3167</dc:source>
	<dc:source>2549-3132</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://jurnal.ar-raniry.ac.id/index.php/samarah/article/view/22071/9316</dc:relation>
	<dc:rights xml:lang="en">Copyright (c) 2024 Muhammad Natsir, Zaki Ulya, Andi Rachmad, Liza Agnesta Krisna</dc:rights>
</oai_dc:dc>