| dc.description.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.
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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. | en_US |
