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Tindak Pidana Korporasi Dalam Pengelolaan Lingkungan Hidup

Greetings, ALSAians! _______________________

In Indonesia, the provision on corporate criminal liability of environmental is regulated in Law No. 23 of 1997 on Environmental Management, and replaced by Law No. 32 of 2009 on Environmental Protection and Management.

Law regulates the existence of two types of legal subjects that can be subject to criminal sanctions, one of which are including companies or corporations as rechtpersoon. However, in practice, this has been one of the most debated topics, in regards to the element of criminal intent that has to be fulfilled by legal subject, that must be accompanied by motives and orientation. The question that is arise is whether corporation can be held liable when the directors or regular employees commits a criminal offence for and on behalf of the corporation, or in favor of the corporation?

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