PERTANGGUNGJAWABAN KORPORASI TERHADAP KEJAHATAN LINGKUNGAN HIDUP PADA KASUS PT NEWMONT MINAHASA RAYA

Abstract

The problem of criminal act in an environment, especially damaging and polluting the environment done by a corporation is a complicated problem to cope with, specially for the responsibility of the actor. Environmental crime are determined through a legal system regulating the environmental protection and management, specifically Law No. 32/2009 on Environmental Protection and Management. In relation to environmental crime regulated by Law No. 32/2009, it can be seen in the formulation of Article 69. Environmental criminal sanctions is regulated in Article 97 to Article 120. The punishment for the actor of criminal act conducted by a corporation in the field of environment is regulated in Law No. 32/2009 on Environmental Protection and Management, especially Article 116 paragraph (1) and paragraph (2), Article 117 and Article 118. Based on its formulation, these article indicate that the punishment for the corporation whose damaging and polluting the environment can be given to the corporation itself, and/or the one who gave the orders to do criminal act or the one who acts as the leader in that criminal act activity. He/She is could be sentenced to jail and be required to pay one-third as heavy fines. The responsibility of corporations as the actor in the field of environment can use the Strict Liability Theory and Vicarious Liability Theory, which can be seen in the formulation of Law No. 32/2009 in Article 88, Article 116, Article 117 and Article 118. xi The problem to be solved in this study are : First, Is The Manado District Court Number 284/Pid.B/2005/PN.MDO verdict in case of environmental pollution by PT NMR appropriate; Second, Who can be charged of corporation crime liability in this case. Research method applied in this thesis is normative approach based on secondary legal materials. The data for this study were obtained through library research by collecting and analyzed bibliography material and interconnected document.