The Implementation of Corporate Criminal Liability in Environmental Crime Cases in Indonesia

Mulyati, Nani and Santoso, Topo (2017) The Implementation of Corporate Criminal Liability in Environmental Crime Cases in Indonesia. In: Paper Proceedings_Scholar Summit 2017_On Shaping the Better World. Universitas Indonesia, Depok, Indonesia, pp. 1111-1121. ISBN 9789798972874

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Abstract

Corporate crimes may bring greater and wider negative impact to the society compared to street crimes. Environmental crimes, such as forest slashing and burning, are one form of the criminal acts that are often committed by the corporations. In the last few years, there are several environmental crime cases undertaken by the corporations in Indonesia. These cases are important corporate crime cases and have been judged by the courts. This paper will examine those cases relating to the implementation of the corporate criminal liability’s doctrine that is adopted by the judges and criminal sanctions given to the corporation to minimize future environmental crimes. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research with cases approach, where not only law cases but also relevant regulations and legal theories are scrutinized to draw conclusion about the issues. It is found that the judges adopted the doctrine of vicarious liability to attribute criminal liability to the corporations; where the acts and the mental elements of the boards represent the acts and the mental elements of the corporation. Moreover, criminal sanction that is often given to the corporations is criminal fine with some kind of additional sanctions. It is hoped that the finding of this research will provide crucial materials for judges, other legal enforcement officers, and academia on how Indonesian judges implement corporate criminal liability particularly in environmental crime cases.

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