Rekonstruksi Pertanggungjawaban Pidana Korporasi atas Kerusakan Lingkungan dalam Sistem Hukum Pidana Indonesia

Abstract

Environmental damage resulting from corporate activities is a serious issue that requires a criminal liability mechanism capable of holding corporations accountable as legal subjects. Although Indonesian criminal law recognizes corporate criminal liability, problems remain concerning the basis of corporate fault, the relationship between corporate and managerial liability, and the sentencing orientation toward environmental damage. This study aims to analyze the regulation of corporate criminal liability for environmental damage under Indonesian positive law, identify the regulatory problems following the enactment of the National Criminal Code, and formulate an ideal construction of corporate criminal liability. This study employs normative legal research using a statutory approach and a conceptual approach. Legal materials are analyzed qualitatively and prescriptively to identify weaknesses in the existing regulations and formulate a legal reconstruction. The findings indicate that reconstruction is necessary to clarify the parameters of corporate fault through corporate policies, supervision, compliance, and organizational failures to prevent environmental damage. Corporate and managerial liability should be distinguished based on their respective roles and faults, while sentencing should be oriented not only toward punishment but also toward environmental prevention and restoration. Such reconstruction is expected to provide legal certainty and strengthen the effectiveness of environmental protection in enforcing criminal law against corporations.