Pertanggung Jawaban Pidana Karyawan Korporasi dalam Tindak Pidana Lingkungan Hidup (Studi Kasus Putusan Pengadilan Negeri Meulaboh, nomor 133/PID.B/2013/PN.MBO)

Abstract

Environmental Crimes committed by a person or corporate legal entity often occur around our neighborhood without us knowing it, especially in an environment full of companies that can damage the surrounding environment. This is very detrimental to the surrounding community, because it will have a negative impact, such as will cause many diseases to be attacked, not only that, water and air are also polluted as a result of companies that violate and dispose of waste without screening. The problem in this study is how the legal regulation of environmental crime, how the criminal liability of corporate employees in environmental crimes in Decision No. 133 / Pid.B / 2013 / PN.MBO and what is the judge's consideration in granting criminal penalties to perpetrators of environmental crimes in Decision No. 133 / Pid.B / 2013 / PN.MBO. Research methods, namely: library research (Library Research): by conducting research on various reading sources, including: books, legal magazines, legislation, opinions of scholars, the internet and also lecture materials related to the title of the problem. Field Research: research conducted directly in the Moelaboh District Court to take Decision No. 133 / Pid.B / 2013 / PN.MBO for analysis. The legal regulation of environmental crime, especially concerning forest and land burning is regulated in Article 187 Criminal Code, Article 78 paragraph (3) Law Number 41 of 1999 concerning forestry, Article 69, Article 108 and Article 119 of Law Number 32 of 2009 Regarding Environmental Protection and Management, Article 48 of Law Number 18 Year 2004 Plantation. The criminal liability of corporate actors in Decision No. 113 / Pid.B / 2013 / PN. MBO in burning land that causes environmental damage is a criminal sentence against the Defendant because of that with imprisonment for 3 (three) years and a fine of Rp. 3,000,000,000 (three billion rupiah). Determining if the fine is not paid is replaced with criminal confinement for 5 (five) months. Judge's consideration of decision No. 113 / Pid.B / 2013 / PN. MBO The Panel of Judges examining this case Considered, that the Defendant was filed by the Prosecutor / Public Prosecutor before the trial on a single charge, namely violating Article 108 in conjunction with Article 69 paragraph (1) letter (h) jo Article 116 paragraph (1) letter (b) - Law Number 32 of 2009 concerning Environmental Protection and Management and in conjunction with Article 64 paragraph (1) of the Criminal Code of Criminal Procedure which is burdensome and which alleviates the Defendant: incriminating conditions: the actions of the accused have resulted in accelerated global warming and reduced carbon required by life human; Relief conditions: The accused has never been convicted; The defendant was polite in court, the defendant was the backbone of the family who had to provide for their children and wives.