2022, Vol. 2, Issue 1, Part A
Principle of strict liability against corporations in environmental crimesAuthor(s):
Hamidah Abdurrachman, Achmad Irwan Hamzani, Fajar Ari Sudewo and Fajar Dian AryaniAbstract:
The existence of corporations as the subject of criminal acts in criminal law reform policies has consequences on the principle of criminal law, namely that corporations can be accounted for the same as natural persons. It is not easy to determine when criminal liability can be requested from the management of a legal entity or to the management and legal entities, so that this becomes a problem in itself in practice. In addition, with the enactment of Law No on Job Creation, new problems arise because it eliminates the use of the Strick Liability Principle. The writing of this article is to use the library research method, which is carried out through data collection or library data collection or a study carried out to solve a problem which basically relies on a critical and in-depth study of relevant library materials. It is feared that the omission of this phrase in judicial practice complicates the operation of the corporate responsibility system, where the proof is back to conventional by requiring the plaintiff to prove the element of guilt, whether intentionally or negligently against business actors destroying the environment. These further risks liberating environmental destroying corporations from liability. Automatically eliminates protection for people who are victims of environmental damage. In addition, it has the opportunity to extend the list of human rights violations because it has the potential to eliminate local people's sources of income, threaten clean water sources, pollute clean air and criminalize environmental fighters.Pages: 15-21 | Views: 552 | Downloads: 282Download Full Article: Click Here
How to cite this article:
Hamidah Abdurrachman, Achmad Irwan Hamzani, Fajar Ari Sudewo, Fajar Dian Aryani. Principle of strict liability against corporations in environmental crimes. Int J Criminal Common Statutory Law 2022;2(1):15-21.