Pertanggungjawaban Pidana terhadap Perseroan Terbatas (PT) yang Mengakibatkan Dilampauinya Baku Mutu Lingkungan Hidup Menurut Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup

Abstract

Good and healthful environment constitutes fundamental right as it is specified in Article 28 H, paragraph (1) of the 1945 Constitution and Law No. 32/2009 on Environmental Protection and Management. Today, however, environmental pollution, especially the one which is exceeding the environmental standard is still continuously done by PT (corporation) as its criminal liability. This research uses juridical normative research method with descriptive analytic design, statue approach, and case study design. The date are gathered by conducting library research and using laws and regulations, documents, books, internet, mass media, and dictionaries relevant to this research. The gathered data are analyzed qualitatively. The result of the research suggests that 1) the regulation which regulates the exceeding of environmental standard has fulfilled the value of justice, legal certainty, and the benefit of law. However, the effectiveness of its implementation still rely on the coordinator of inter-institutions, 2) Criminal liability of the PT is based on Article 116 oh Law No.32/2009 on Environmental Protection and Management which states that legal prosecution can be imposed on legal entities and/or their management, and 3) the judges’ legal consideration in some verdicts concerning criminal liability of the PT is based on the implementation of a positive law by the judges by paying attention the values of justice, benefits, and legal certainty.