PERTANGGUNGJAWABAN KORPORASI PT ATAS PERBUATAN MELANGGAR KETENTUAN DUMPING LIMBAH/BAHAN KEMEDIA LINGKUNGAN HIDUP TANPA IZIN YANG DILAKUKAN OLEH, UNTUK DAN ATAS NAMA BADAN USAHA (STUDI PUTUSAN NO. 333/Pid.B/LH/2021/PN Bdg)

Authors

  • Serius Zai Universitas HKBP Nommensen
  • July Esther Universitas HKBP Nommensen
  • Lesson Sihotang Universitas HKBP Nommensen

Keywords:

Accountability,, Corporate,, Dumping Waste/Materials

Abstract

Environmental crimes are acts of pollution, environmental destruction and other acts that violate the provisions of the applicable laws, which cause a decrease in quality and direct or indirect changes to the physical and/or biological environment. The problem in this research is how is the responsibility of a corporation in the form of a limited liability company as a perpetrator of environmental crimes (Study Decision No. 333/Pid, B/LH/2021/PN Bdg) and how is the application of punishment to corporations in the form of a limited liability company as perpetrators of crimes environmental crime  (Study of Decision No. 333/Pid,B/LH/2021/PN Bdg). The legal research method used is a normative  juridical method, namely the analysis carried out to collect data by means of a literature study. This research, using primary legal materials, namely Decision No. 333/Pid,B/LH/2021/PN Bdg by using Law Number 32 of 2009. The secondary legal materials are books, literature, legal journals, expert opinions, and research results relevant to the problem. Based on the results of research conducted on Decision No. 333/Pid.B/LH/2021/PN.Bdg, it can be concluded that the responsibility is borne by the corporation itself, represented by Tan Djioe Han Als Djohan as director of PT. Grand Pioneer Industry. The defendant was found guilty by the panel of judges. Furthermore, the defendant was proven legally and convincingly to have violated the fourth alternative indictment which had fulfilled
the formal and material requirements, namely Article 104 in conjunction with Article 116 paragraph (1) of Law Number 32 of 2009. The defendant was sentenced to a fine of Rp. Rp. 75,000,000,- (seventy five million rupiah), as well as additional criminal or disciplinary action in the form of obligation to repair the consequences of a criminal act.

Published

2022-05-31