Reconstruction of Criminal Law Policy in Combating Environmental Crimes by Corporations

Abstract

Environmental crime by corporations is an important issue in Indonesia because of its far-reaching impact on ecosystems and society. Criminal law enforcement against corporations faces various obstacles, such as the difficulty of proving collective guilt, low sanctions, and the lack of additional criminal applications. This research aims to analyze the current criminal law policy in tackling environmental crimes by corporations and formulate a more effective and just policy reconstruction. The research uses a normative juridical approach with statute, conceptual, and case approach analysis. Data were obtained through literature studies from primary, secondary, and tertiary legal materials, then analyzed descriptively-analytically and prescriptively. The results of the study show that the reconstruction of the ideal criminal law policy includes strengthening the principle  of strict liability, optimizing criminal and additional sanctions, integrating penal and non-penal approaches, and strengthening the capacity of law enforcement officials. With the implementation of these policies, law enforcement can be more effective, prevent violations, and encourage corporations to be socially and ecologically responsible.