CD Skripsi
Analisis Yuridis Pembebanan Pertanggungjawaban Pidana Yang Dilakukan Oleh Korporasi
ABSTRACT
Land and forest fires where occured incommunities and institutionsor legal entities (corporations) is often occured particularly during dry season. Therefore, there has negative impact and inconvenience for lives of the community, for instance, can caused various diseases. This research employs a normative juridical approach since the researcher uses literature study method (library research). The data sources used in the study are taken from the primary data, the secondary data and the tertiary. The technique of data collection in this research is analyzing the books, literatures, notes and reports which related to the research problems. There are two research problems in this study, first is, how are corporation conducts the criminal liability for the burning of land and forest. Second is, how are the responsibility of corporation in determining policy when the corporate leader’s void is going on. Furthermore, There were two results of the research, first was, under law on chapter 49 number 41 of 1999 on forestry stated that who takes the responsibility was necessarily the right or the authority over forest fires in the workplace. Thus, PT wahana sumber sawit indah (WSSI) was the one who have to take responsibility for dereliction of wildfire, not the company leaders. Second was, despite a leader’s void , the corporation (WSSI) remained to be responsible over forest and land fires. On the other hand, the application of accountability would not be appropriate (Unconstitutional) if the head of corporation was responsible.
Keywords: the responsibility of corporation
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