Pertanggungjawaban Pidana Korporasi atas Pembuangan Limbah Berbahaya oleh Industri Kimia

Abstract

This research aims to analyze corporate criminal liability for the disposal of hazardous waste by the chemical industry under Article 98 of Law Number 32 of 2009 concerning Environmental Protection and Management, as well as to examine the implications of criminal sanctions and corporate social responsibility. The issues raised include the forms of corporate criminal liability for environmental pollution acts and the application of criminal sanctions in relation to corporate social responsibility. The normative juridical research method is applied with a statutory approach and conceptual approach. The findings indicate that corporate criminal liability may be imposed on corporations as legal subjects, management, or persons who give orders or have control over hazardous waste disposal activities. The application of Article 98 requires proof of four elements: an actual criminal act, corporate interest, causal relationship, and fault. Sanctions include fines of up to IDR 15,000,000,000, revocation of business licenses, or dissolution of the legal entity. Integration of criminal sanctions and corporate social responsibility (CSR) is essential to achieve sustainable environmental protection and management.