Waspiah Waspiah, Heni Rosida, Aulia Maharani, Indah Maryani, Mikha Detalim, Ridwan Arifin
Environmental damage caused by corporate activities has become a pressing global concern, necessitating a re-evaluation of legal frameworks to address the intricate challenges associated with corporate criminalization. This abstract focuses on the need for law reform in Indonesia concerning corporate criminalization in environmental damage cases. The current legal landscape in Indonesia exhibits gaps and inadequacies in effectively holding corporations accountable for environmental offenses. This paper explores the deficiencies in existing laws, including inconsistencies, limited penalties, and enforcement challenges. Additionally, it analyses international best practices in corporate environmental liability to provide a comparative perspective. Proposed reforms involve enhancing regulatory frameworks, increasing penalties for environmental violations, and improving enforcement mechanisms. The paper suggests the incorporation of principles such as corporate social responsibility and strict liability to ensure that corporations bear the consequences of their environmental actions. Furthermore, the exploration of alternative dispute resolution mechanisms and collaborative approaches between government agencies, civil society, and corporations is recommended for fostering a more holistic and effective regulatory environment. The study relies on a comprehensive review of existing legislation, case studies, and relevant literature on corporate criminalization and environmental law. The proposed reforms aim to strike a balance between encouraging sustainable corporate practices and ensuring swift, effective legal consequences for environmental wrongdoing. Ultimately, this paper contributes to the ongoing discourse on the necessity of law reform in corporate criminalization, offering insights tailored to the specific context of Indonesia's environmental challenges. © 2023 Authors.
Faculty of Law, Universitas Negeri Semarang, Indonesia
