KEPASTIAN HUKUM PENENTUAN SUBJEK HUKUM DALAM PERTANGGUNGJAWABAN PIDANA KORPORASI ATAS PENCEMARAN LINGKUNGAN HIDUP (ANALISIS PASAL 116 UNDANG-UNDANG NOMOR 32 TAHUN 2009)

Susmayanti, Fiorena Gita (2026) KEPASTIAN HUKUM PENENTUAN SUBJEK HUKUM DALAM PERTANGGUNGJAWABAN PIDANA KORPORASI ATAS PENCEMARAN LINGKUNGAN HIDUP (ANALISIS PASAL 116 UNDANG-UNDANG NOMOR 32 TAHUN 2009). S1 thesis, Universitas PGRI Madiun.

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Abstract

Corporate criminal liability is an important instrument in environmental law Corporate criminal liability is a crucial instrument in environmental law enforcement, given that corporations are frequently the primary perpetrators of environmental pollution. However, determining the legal subject liable for criminal prosecution remains a source of legal ambiguity. This issue arises from Article 116 of Law Number 32 of 2009 concerning Environmental Protection and Management, which employs the phrase "and/or," thereby creating room for multiple interpretations regarding the party to be held accountable whether the corporation, its management, or both simultaneously. This situation risks causing inconsistencies in law enforcement practices and undermining the effectiveness of corporate criminal liability. This study aims to analyze the regulatory framework for determining legal subjects in corporate criminal liability for environmental pollution under Article 116 of Law Number 32 of 2009 and to examine the associated legal certainty. Employing a normative legal research methodology, the study utilizes both statutory and conceptual approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively using a descriptive-analytical method. The findings indicate that Article 116 of Law Number 32 of 2009 as amended by Law Number 6 of 2023 (which ratified Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into law)recognizes corporations as subjects of criminal law and adopts the "identification theory" and "organ theory" to establish corporate criminal liability. Nevertheless, the provision fails to provide clear parameters regarding the boundaries of liability among the corporation, the person issuing the order, and the person in charge of the activity. The use of the phrase "and/or" results in a vague norm, leading to multiple interpretations, disparities in court rulings, and inconsistencies in law enforcement. Based on the legal certainty theories of Gustav Radbruch and Utrecht, as well as the principle of legality specifically the principles of lex certa and lex stricta the provision in question does not yet fully satisfy the requirements of legal clarity, consistency, and predictability. An analysis of Supreme Court Regulation (PERMA) Number 13 of 2016 concerning Procedures for Handling Criminal Cases Involving Corporations reveals that, while the regulation provides technical guidelines for law enforcement officials regarding corporate criminal liability, it fails to resolve the normative ambiguity found in Article 116, given its status merely as an implementing regulation. Therefore, the formulation of Article 116 requires refinement to establish more precise criteria for identifying the legally liable party, thereby ensuring legal certainty and consistency in the enforcement of environmental criminal law.

Item Type:	Thesis/Skripsi/Tugas Akhir (S1)
Kata Kunci:	Legal Certainty; Legal Subjects; Corporate Criminal Liability; Environmental Pollution; Article 116 of Law Number 32 of 2009
Subjects:	K Law > KZ Law of Nations
Divisions:	Fakultas Hukum > Hukum
Depositing User:	SUSMAYANTI GITA FIORENA
Date Deposited:	07 Aug 2026 08:37
Last Modified:	11 Aug 2026 05:03
URI:	http://eprint.unipma.ac.id/id/eprint/8322

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