Pertanggungjawaban Pidana Perseroan Terbatas dan Pertanggungjawban Pidana Direksi dalam Tindak Pidana Lingkungan

Abstract

A limited liability company is an independent legal subject that is equated with human legal subjects. The Board of Directors is one of the company's organs whose role is to carry out the management of the company. The Company, in carrying out its business, often commits criminal acts either intentionally or through negligence because it focuses on profit, for example in environmental crimes. The board of directors' mistakes in managing the company that led to environmental crimes were committed for and on behalf of the company. In this crime, the limited liability company and the directors together can be held accountable based on the mistakes of the directors in managing the company. This study uses normative legal research because the focus of this research is on legal aspects in environmental crimes, by analyzing legal principles, doctrines or theories that support this research. the research approach was carried out using a statutory approach and a case approach by analyzing Decision No: 238/Pid.Sus-LH/2018/PN.Pwk, Decision No: 299/Pid.B/2019/PN-Kwg, Decision No: 109/ Pid.B/LH/2020/PN.Sby, Decision No: 244/Pid.B/LH/2018/PN.Mjk. The data used in this study are sources of secondary legal materials, secondary data in this study consist of primary legal materials, secondary legal materials and tertiary legal materials. The analytical method used is qualitative data analysis by selecting related articles and then systematically compiling them by classifying according to the problem to be studied. The conclusion in this study shows that in several court decisions there is still no harmony in determining legal subjects who can be held accountable for environmental crimes that occur in the limited liability company environment, supposedly in these court decisions, the Limited Liability Company and the Directors can be held jointly responsible because of the criminal act of the limited liability company obtains benefits and the crime is committed within the scope of the company's activities, and the act occurs due to the mistake of the directors who do not take a policy to prevent environmental crimes, the directors should be able to estimate the risks that may occur in the company's activities.