Abstract
The deforestation process that occurs in Riau is very worrying, forest and land fires are proof that environmental management and utilization are no longer reliable. These forest and land fires are proven to involve companies involved in the cultivation and utilization of forest products. For this reason, the corporation must be criminally responsible because UUPPLH No. 32 of 2009 has recognized the corporation as the subject of criminal law. Efforts to hold companies accountable aren't easy — many companies actually stop investigations because they don't have enough evidence. Therefore, the author wants to know the criteria of corporations that are said to commit forest and land fire crimes, as well as how the form of criminal accountability. This research method uses normative legal methods and sculptural approaches that are approaches through legislation. The results of the investigation, the criteria of the corporation to commit the crime of forest and land fires if it meets the elements in the preparation of articles of forest and land fires, namely land clearing by burning and exceeding environmental quality standards. The violation is committed by a person for work or other relationship reasons within the scope of the business entity. If the crime is committed by, for, or on behalf of a business entity, it shall be considered a corporate act. The form of corporate criminal liability in the criminal act of forest and land fires is preliminary, because the error lies with the corporate administrator (director) who is the mastermind or owner of control of the company's operational activities (Director Mind). Because in PP No. 4 of 2001 Article 13 that the director as the person in charge of all commercial activities whose business can cause damage and environmental pollution must comply with government regulation No. forest and land fires.
Highlights
Based on the description of the previous chapters can be concluded as follows: 1. The urgency of criminal liability to corporations as perpetrators of environmental crimes is because corporate criminal acts in the environmental field have a widespread and complex negative impact that causes direct harm to society and the environment and disrupts the financial and economic stability of the country, considering that environmental crimes are carried out in economic motivated
The impact on the state is related to the fact that environmental crimes resulting from the burning of land and forests in the interest of clearing corporate land have a large financial loss that disrupts the economic stability of the country considering the decrease in state revenue due to the cost of recovering pollution / environmental damage incurred by the state, and has an impact on the harmony of international relations with other countries that are affected both from the effects of smog and climate change which if not prevented decisively and measured by the country through law enforcement of environmental crimes will further worsen the global climate
The pattern of prosecution of corporations that commit environmental crimes in Law No 32 of 2009 on Environmental Protection and Management still has some weaknesses so that it becomes one of the factors of enforcement of corporate criminal acts in the field of ineffective environment where this is seen from the number of corporations that commit environmental crimes
Summary
Indonesia is one of the tropical climate countries because of its location on the equator. Forest and land fire disasters occurred in 2015 to 2019 reaching 2.6 million hectares of area and 1.6 million hectares of forest and burned land throughout Indonesia. Net deforestation in 2018-2019, both inside and outside Indonesia's forest area is 462.4 thousand hectares of area This figure comes from the gross deforestation rate of 465.5 thousand hectares of area with reduced reforestation (satellite imagery monitoring results) of 3.1 thousand hectares of area. Data from the Aceh Disaster Management Agency (BPBA) showed that the area of forest and land burned in January 2020, only 8.1 hectares. It increased in February (103 hectares) and to 139 hectares in March 2020. The regulation of Environmental issues in Indonesia began with the Environmental Law, namely Number 4 of 1982 on the Basic Provisions of Environmental Management
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