Rekonstruksi Pasal 119 Huruf b Undang-Undang No. 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup Berbasis Utilitarianisme

Abstract

Article 119 section b of Law No. 32 of 2009 on Environmental Protection and Management stipulates that "Corporations or business entities may be subject to additional criminal or disciplinary measures in the form of shutting down their places of business and/or activities entirely or partially. The logical consequence of this article is that corporations or business entities will have their operations suspended when they carry out a factumm delictum. This juridical action did not solve the problem, but instead it created the new ones. To answer this fundamental problem, this study intends to teleologically discuss the philosophy of utilitarianism and its weaknesses of the a quo article so that it is deemed necessary for its reconstruction based on the utilitarianism. This is a normative legal research with a philosophical approach. This research concludes that the true law must be fair and bring maximum social happiness to the society without exception. The implication is that the formulation of the Article a quo is reconstructed into "Corporations or business entities may be subject to additional punishment or disciplinary action in the form of temporary or partial closure of their place of business and/or activities".