pertanggungjawaban korporasi terhadap tindak pidana pembakaran lahan gambut studi kasus perkara no(71/Pid.B/LH/2021/PN Snt)

julio ananda, yusuf and hendriko, arizal (2026) pertanggungjawaban korporasi terhadap tindak pidana pembakaran lahan gambut studi kasus perkara no(71/Pid.B/LH/2021/PN Snt). Diploma thesis, universitas bung hatta.

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Abstract

Criminal acts involving the burning of peatlands by corporations generate extensive ecological, social, and economic impacts, threatening environmental sustainability. This research aims to analyze corporate criminal liability and the judges’ considerations in Decision Number 71/Pid.B/LH/2021/PN Snt concerning the peatland fire within the concession area of PT Mega Anugerah Sawit. The research questions focus on how corporate criminal liability is applied in this case and how the judges formulated their reasoning in imposing penalties. This study employs normative legal research with statutory and case approaches. The legal materials consist of primary sources such as legislation and court decisions, as well as secondary sources including books and journals. The analysis was conducted qualitatively using a descriptive-analytical method. The findings indicate that the corporation can be held criminally liable under Article 116 of Law Number 32 of 2009, as it was proven negligent in preventing the peatland fire. The judges imposed a criminal fine along with additional sanctions requiring environmental restoration. This decision reaffirms the position of corporations as subjects of criminal law and strengthens environmental law enforcement to create a deterrent effect. The ruling also underscores the importance of applying the polluter pays principle as the foundation of corporate liability and serves as an important precedent in handling corporate-related peatland fire cases in Indonesia.

Item Type: Thesis (Diploma)
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Hukum Pidana
Depositing User: Hukum Hukum FH
Date Deposited: 11 Mar 2026 01:48
Last Modified: 11 Mar 2026 01:48
URI: http://repository.bunghatta.ac.id/id/eprint/3088

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