Pertanggungjawaban Pidana Direktur Perseroan Terbatas (PT) atas Tindak Pidana Perusakan Lingkungan Hidup

Abstract

 In many countries, corporate directors / corporations may be criminally or jointly corporately, for a crime. The accountability of the director / management of the corporation is considered necessary if the corporation is only used as a tool for individual leaders/executives to commit a crime. On the other hand, corporate director/corporate responsibility is also required because of the possibility that fines imposed on corporations will not affect the lives of corporate leaders/managers. In this case the corporation administrator must be proven to have violated the good faith entrusted to him in running the corporation or company, as stipulated in the principle of fiduciary duty. The criminal liability of the director in the case of environmental destruction is seen under Article 116 and/or Article 117 of the UUPPLH. The method used in this thesis research is normative juridical research using primary, secondary, and tertiary legal materials. This research uses literature research techniques, which are then analyzed qualitatively. Based on the results of this study, it can be seen that the criminal responsibility of the director as an individual for the crime of environmental destruction occurred during the director has the authority to prevent the occurrence of violations or to improve the situation. Whereas the criminal liability of the director representing the organs of a limited liability company for criminal acts of environmental destruction can be identified under the Responsible Corporate Officer Doctrine (RCO) and Strict Liability, since due to his position within the company has an obligation to take action to ensure that such violations will not occur as regulated in Article 116 and Article 117 UUPPLH. The development of the direction of criminal liability in the future in the case of criminal acts of environmental destruction has been terminated with the issuance of Perma No.13 of 2016 on the Procedures of Handling Criminal Acts by the Corporations. This regulation provides the basis for law enforcement officials, in the handling of criminal cases involving the perpetrators of corporations and/or corporate directors/administrators. Based on this research, it is advisable to make a special provision regarding the company's criminal liability of director in UUPPLH. In addition, it is necessary to prioritize the use of criminal law in the enforcement of law in the field of environment that is very influential on human survival, and need to increase the moral of business actors to not violate environmental law.