The Dynamics of Corporate Criminal Liability in Riau Province as a Result of Forest and Land Burning
Mukhlis Ridwan
Universitas Riau
Abstract
The national ideal as stated in the IVth paragraph of the opening of the 1945 Constitution of the Republic of Indonesia, states that Indonesia becomes a part of the sustainable world development with a commitment to protect the environment and ecosystem, and has been affirmed internationally in the declaration of UN member countries through a conference in Stockholm June 1972. Constitutionally, the commitment was stated in Article 28H of the 1945 Constitution, which is last followed up by the Law Number 32 of 2009 concerning Environmental Protection and Management. However, this commitment is always hampered by the economic politics practiced by corporations. The politics of criminal law which asserts corporations as subjects in criminal law does not necessarily mean that corporate criminal liability can be easily carried out as in humans. This condition is noticed in the corporate actions as the perpetrators of forest burning and destruction in Indonesia, especially in Riau Province. Although the impact of forest and land fires has been felt in the Regional Asia, National and Regions, this act has repeated almost every year
Keywords: Liability, Corporation, Criminal/ Punishment
Topic: Criminal law