Criminal Liability Committed by Corporations for Environmental Damage as a Result of Forest and Land Fires (Case Study Case Number 59/PID). B/LH/2020/PN. RGT)
Teuku Azhari
Jakarta National Development University "Veteran"

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The deforestation process that occurs in Riau is very worrying, forest and land fires are proof that environmental management and utilization are no longer reliable. These forest and land fires are proven to involve companies involved in the cultivation and utilization of forest products. For this reason, the corporation must be criminally responsible because UUPPLH No. 32 of 2009 has recognized the corporation as the subject of criminal law. Efforts to hold companies accountable aren't easy — many companies actually stop investigations because they don't have enough evidence. Therefore, the author wants to know the criteria of corporations that are said to commit forest and land fire crimes, as well as how the form of criminal accountability. This research method uses normative legal methods and sculptural approaches that are approaches through legislation. The results of the investigation, the criteria of the corporation to commit the crime of forest and land fires if it meets the elements in the preparation of articles of forest and land fires, namely land clearing by burning and exceeding environmental quality standards. The violation is committed by a person for work or other relationship reasons within the scope of the business entity. If the crime is committed by, for, or on behalf of a business entity, it shall be considered a corporate act. The form of corporate criminal liability in the criminal act of forest and land fires is preliminary, because the error lies with the corporate administrator (director) who is the mastermind or owner of control of the company's operational activities (Director Mind). Because in PP No. 4 of 2001 Article 13 that the director as the person in charge of all commercial activities whose business can cause damage and environmental pollution must comply with government regulation No. forest and land fires.


Criminal liability, corporation, crime, forest and land fires


A. Book
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B. Laws and regulations
1) Law No. 32 of 2009 on Environmental Protection and Management.

2) Law No. 32 of 2009 Article 112 paragraph (2) on Environmental Protection and Management.

3) Law No. 8 of 2010 on Prevention and Eradication of Money Laundering Act Article 87.

4) Republic of Indonesia Criminal Code Article 30.

5) Draft Criminal Law Law (Criminal Code Bill) Year 2016 Article 84 Paragraph (1).

6) Draft Criminal Law Law (Criminal Code Bill) Year 2016 Article 85 Paragraph (1).

7) Draft Criminal Law Law (Criminal Code Bill) Year 2016 Article 86 Paragraph (1).

8) Regulation of the Supreme Court of Indonesia No. 13 of 2016 on Procedures for Handling Criminal Cases by Corporations.

9) Regulation of the Supreme Court of the Republic of Indonesia No. 13 of 2016, on Procedures for Handling Criminal Cases by Corporations.

10) Presidential Decree No. 11 of 2015 on Land Fire Management.
C. Journals and Papers
1) Erdiansyah, "Implementation of Criminal Liability of Forest and Land Burning Corporation in Riau Province", Journal of Legal Sciences, Vol. 4, No.3, September 2014-January 2015, p. 142.

2) Endrawati, E., Purwanto, J., Nugroho, S., & Agung, R, Identification of Forest and Land Fire Area Using Semi-Automatic Analysis of Landsat Satellite Imagery.contained in The National Seminar on Geomatics Volume. 2, 2018, pp. 273-282.

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6) Ministry of Environment and Forestry, Analysis of Fire Area Area Data Directorate General of Forestry Planology & Environmental Planning Directorate Of Inventory & Population of Forest Forest Resources & Land Ministry of Environment & Forestry 2019, contained in http://appgis. menlhk. appgis / download / . Retrieved May 10, 2021.

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14) Yudi Krismen, Corporate Criminal Liability in Economic Crimes, Retrieved May 28, 2021.

15) Zenwen Pador, Questioning the Countermeasures of Karhutla and Government Inconsistencies,is contained in the Question of Karhutla Countermeasures and Government Inconsistencies - Retrieved May 13, 2021.


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