Penjatuhan Pidana Tambahan terhadap Korporasi yang Melakukan Tindak Pidana Lingkungan Hidup (Studi Putusan Nomor 349/Pid.B/LH/2019/PN.Plw)

Abstract

The application and implementation of additional criminal sanctions as regulated in Article 119 letter c of Law no. 32/2009 concerning PPLH has not been clearly regulated in laws and regulations, both in the form of government regulations as implementing regulations and in ministerial regulations, causing inconsistency and legal uncertainty in its implementation. The formulation of the problem in this study is the regulation of additional criminal penalties in the form of repairs due to criminal acts against corporations in environmental crimes. The urgency of imposing additional penalties in the form of repairs due to criminal acts against corporations in environmental crimes. The imposition of additional penalties in the form of repairs due to criminal acts converted with an amount of money can provide protection to the environment in the decision Number 349/Pid.B/LH/2019/PN.Plw. The purpose of this study is to determine and analyze the regulation of additional criminal penalties in the form of repairs due to criminal acts against corporations in environmental crimes. To find out and analyze the urgency of imposing additional criminal offenses in the form of repairing the consequences of criminal acts for corporations in environmental crimes. To find out and analyze additional criminal penalties in the form of repairs due to criminal acts converted with an amount of money can provide protection to the environment in the decision Number 349/Pid.B/LH/2019/PN.Plw. This research is a normative legal research, while the nature of the research conducted is prescriptive research, the source of data used in this research is secondary data. The data collection technique used in this research is literature study, using qualitative data analysis. Regulations regarding the imposition of additional penalties in the form of corrections for criminal acts against corporations in environmental crimes have been regulated in Article 119 letter c of Law no. 32/2009 on PPLH. However, there are no further rules governing the form and mechanism of its application. The imposition of additional penalties in the form of repairs due to criminal acts against corporations in environmental crimes is very important. The existence of additional criminal sanctions in the form of repairs due to criminal acts, the environment that is polluted and/or damaged as a result of business activities carried out by the corporation can be restored. Additional criminal penalties in the form of repairs due to criminal acts which are converted to a sum of money in the decision Number 349/Pid.B/LH/2019/PN.Plw, have not provided protection to the environment, because the payment of environmental losses is non-tax state revenue (PNBP), deposited into the state treasury, as a result of which these funds cannot be used as funds for environmental recovery or improvement.