PERTANGGUNGJAWABAN PIDANA TERHADAP KORPORASI YANG MELAKUKAN TINDAK PIDANA LINGKUNGAN HIDUP

Abstract

Corporate crime or White collar crime especially in environmental crime has its own
constraints. Determining which board is responsible is quite difficult considering the complex form
of management in a corporation. Therefore, there are doubts about the possibility of the
corporation to be liable for criminal responsibility and convicted. There are a number of views on
the criminal construction of a corporation so that it has implications for the difficulty of
determining corporate wrongdoing for criminal liability. The desire to ensnare corporations
involved in environmental crime cases is indeed not easy to realize. Although there is awareness
about the importance of protecting the environment among law enforcement officials, the fact is
that it is not easy to ensnare perpetrators. Moreover, the majority of environmental criminal
defendants who were brought to court were either free or only sentenced to probation because of
the difficulty of proving a mistake by a corporation.
This research which is entitled "Criminal Accountability Against Corporations That
Conduct Environmental Crimes" aims to find out the effect of errors in determining criminal
liability in environmental crime and describe the ideal model of corporate criminal responsibility
for environmental crime.
This research is a normative research or library research. In this case, the author chooses
research on the principles of law, namely the principle of error in corporations. The data used in
this study is secondary data. The data is then analyzed descriptively qualitative. The theoretical
basis used are identification theory, substitute accountability theory, and functional perpetrator
theory.
The result of this research shows that corporate errors can be taken based on intentions
or omissions found in the people who become their tools. These errors are not individual, because it
is related to the corporate that is collective. Thus, the corporation has errors that is taken from the
management or the board of directors in carrying out the duties of their absolute functionary. It is
hoped that the uniformity of rules for corporations is made as a subject of criminal law so as to
provide certainty regarding criminal rules and consistency and a strong foundation in imposing
criminal liability on corporation.