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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-10 | 582-587
Original Research Article
Reconstruction of Corporate Environmental Crime Liability Law Based on Justice Value
Dadang Abdullah, Hartiwiningsih, Abdul Halim Barakatullah
Published : Oct. 5, 2021
DOI : 10.36348/sijlcj.2021.v04i10.001
Abstract
The main problem discussed in this research is to find out what factors cause the law enforcement on environmental corporate criminal liability to be unfair and how to reconstruct environmental corporate criminal liability law that are able to achieve justice in the future which will be researched using the socio-legal research method which relies on the qualitative data obtained by the author in the field where the results are processed using data triangulation to obtain a relevant and accurate analysis. The results of the study indicate that the factors that cause environmental criminal law enforcement to be unfair are influenced by 3 factors, namely the law structure, substance, and culture that are still weak. In order to solve this problem there needs to be a reconstruction of the environmental corporate criminal liability reconstruction that are contained in Article 46 paragraph 1 of Law No. 23 of 1997 as amended by Law No. 32 of 2009 namely Article 116 (1) as it cannot provide adequate justice yet therefore reconstructing it must be done in order to comply with the value of justice.
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