|
Application of Strict Liability Concept to Companies that Commit Crimes of Environmental Destruction
|
|
| Author:
|
ARSHINTA FITRI DIYANI, ARIEF HIDAYAT, RETNO SARASWATI
|
| Abstract:
|
Mens rea, basically owned by humans, this becomes an obstacle to punishing corporations with sanctions that are appropriate considering that in Indonesian criminal law, there is a principle that colors the Criminal Code, namely geen straf zonder schuld (no criminal without wrongdoing). The purpose of this research is to analyze the application of strict liability concepts to companies that commit crimes of environmental destruction, constraints in the application of strict liability concepts to companies that commit crimes of environmental destruction. The research method used in this research is a qualitative research method with a normative approach. The secondary data collection consists of primary legal materials and secondary legal materials obtained through literature studies. Companies that commit crimes of environmental pollution are quite seen from the actions and impacts it produces (actus reus, criminal act), so the element of error (schuld) is not very considered for example concerning the accountability (mens rea, criminal responsibility) of the perpetrators, it will be complicated to determine the fault of the company because the company does not have the soul and will (mens rea) to do the deed. Constraints on the application of strict liability concept to companies that commit crimes of environmental destruction are due to the human resources factor of law enforcement and its legal application factor, namely in the fact that the application of this concept in Indonesia is not easy, among others, that so far no cases have been brought to court to demand strict liability. Therefore, a strict liability concept has never been applied in Indonesia because it has never been resolved through a court mechanism. Based on the above conclusions, it is necessary to accept the principle of Strict Liability by law enforcement, especially judges, to apply evidence of wrongdoing to the company and the need for efforts to formulate the principle of strict liability against corporations perpetrators of environmental crimes.
|
| Keyword:
|
Corporation, Strict Liability, Environmental Destruction
|
| EOI:
|
-
|
| DOI:
|
https://doi.org/10.31838/ijpr/2021.13.01.605
|
| Download:
|
Request For Article
|
|
|