Criminalizing Corporate Environmental Crimes in Indonesia: A Utilitarian Review of the New Criminal Code and Environmental Law

Abstract

The environmental challenges that have emerged as a significant global issue are equally concerning in Indonesia. Corporations play a significant role in the perpetration of environmental offenses. This research seeks to examine the effectiveness of the criminalization system implemented for corporations engaged in environmental violations, referencing the New Criminal Code (KUHP N) and Law Number 32 of 2009 regarding Environmental Protection and Management (UUPPLH). This issue is further analyzed through the framework of utilitarianism theory. This study utilizes a doctrinal legal research method, incorporating conceptual and comparative approaches, to demonstrate that the KUHP N explicitly acknowledges corporations as subjects of criminal law and delineates both principal and additional forms of criminal liability. The combination of KUHP N with the stipulations of UUPPLH creates a more unified and thorough legal structure for tackling corporate environmental offenses. Evaluating the effectiveness of criminalization involves assessing its capacity to prevent future offenses, create a deterrent effect, and facilitate recovery for victims as well as environmental restoration. Consequently, improving the capabilities of law enforcement agencies and optimizing the application of restorative sanctions are crucial for establishing a criminal justice system that is both efficient and equitable, as well as beneficial to society.