Criminal Liability Of Corporations Causing Environmental Damage A Study Of Decision Number 927k/Pid.Sus-Lh/2021

Abstract

Environmental damage resulting from mining activities conducted outside permitted areas raises issues concerning corporate criminal liability, particularly in the relationship between mining license holders (IUP holders) and contractors. This normative legal research analyzes Supreme Court Decision No. 927K/Pid.Sus-LH/2021 concerning corporate criminal liability, implementation barriers, criminal sanction and environmental restoration. The findings indicate that Law No. 32 of 2009, the Job Creation Law and Law No. 1 of 2023 provide a legal basis for corporate criminal liability based on functional relationships, authority and corporate control. Its implementation, however, remains constrained by legal substance, structure and culture. The decision demonstrates limitations in reaching controlling parties, indictment construction, proportionality of sanctions and ecological restoration. Strengthening corporate liability requires tracing authority, control and economic benefits, alongside sanctions oriented toward ecosystem restoration.