CD Skripsi
Implementasi Putusan Hakim Dalam Penjatuhan Pidana Tambahan Pemulihan Lingkungan Hidup Oleh Korporasi
ABSTRACT
The 1945 Constitution of the Republic of Indonesia states that a good and
healthy living environment is a human right and constitutional right for every
Indonesian citizen. According to Law Number 32 of 2009 concerning
Environmental Protection and Management, the State, entrepreneurs and all
stakeholders are obliged to carry out environmental protection and management in
the implementation of sustainable development so that the Indonesian environment
can remain a source and support of life for the Indonesian people and other living
creatures. Corporations often do not pay attention to the condition of the
surrounding environment in their production and business, resulting in enormous
pollution both in terms of quantity and quality. The pollution resulting from
corporate production processes is usually much greater than individual human
production.
This research is normative legal research. This is based on library research
which takes quotations from reading books, or supporting books that are related to
the problem to be researched. Additional data sources consisting of primary,
secondary and tertiary data sources are characteristic of this research. This
research also uses qualitative data analysis and produces descriptive data.
From the results of the research and discussions carried out, several
conclusions were obtained, namely: First, corporate crime is one of the impacts of
the era of globalization that cannot be avoided, especially in the environmental
sector. However, in reality, this phenomenon can be met and welcomed with good
legislation, accompanied by the tenacity of law enforcement officials, State officials
who work in accordance with the ideals of the struggle of the nation and State based
on Pancasila and the 1945 Constitution. the urgency of additional criminal
regulations in the context of environmental crimes committed by corporations.
Second, in fact the application of additional criminal penalties against corporations
destroying the environment has not yet been fully implemented. The implementation
of legal rules which should be imperative is not reflected in the court decisions that
the author stated above. The court decisions of PT Rum, PT Pajitex and PT PMB
are not fully based on additional criminal grounds that should be given consistently
to corporations destroying the environment.
Keywords: Environment – Additional Crimes – Corporations
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