Strengthening of Law Enforcement

Oct 13, 2025 by magicalceylontours.com 54 views

Corporate Criminal Responsibility Based on Law Number 18 of 2013 Concerning Prevention and Eradication of Forest Destruction

Introduction

The rapid modernization and industrialization of the world have led to the emergence of corporations as dominant actors in people's lives. While corporations often bring economic benefits, they also have the potential to cause significant losses, both economically and environmentally. In this context, the development of regulations regarding new criminal acts and the determination of corporations as subjects in criminal laws outside the Criminal Code (KUHP) is part of an effort to achieve the objectives of public welfare. One important step is through the development of legislation policies that focus on preventing and eradicating forest destruction, which aims to reduce the rate of deforestation in Indonesia.

The Challenge of Corporate Criminal Accountability

The crime of forest destruction committed by corporations brings its own challenges in terms of criminal accountability. Legal issues that need to be discussed include the relationship between criminal punishment and corporate criminal responsibility system, corporate criminal accountability models according to Law Number 18 of 2013, as well as the formulation of appropriate sanctions for the violation. The regulation of the corporate criminal accountability system in Law Number 18 of 2013 aims to prevent and eradicate forest destruction and provide a deterrent effect to corporate actors who violate.

Theoretical Background

The concept of corporate criminal liability is a relatively new development in the field of criminal law. In the past, corporations were not considered as subjects of criminal law, and individuals were held accountable for their actions. However, with the increasing importance of corporations in modern society, it has become necessary to hold them accountable for their actions. The concept of corporate criminal liability is based on the idea that corporations can be held responsible for their actions, just like individuals.

Corporate Criminal Responsibility Model

The corporate criminal responsibility model applied in Law Number 18 of 2013 includes the direct responsibility of the corporation and/or management based on the theory of identification and the function of responsibility. This means that the corporation and/or its management can be held responsible for the actions of the corporation, regardless of whether they were directly involved in the action or not. The theory of identification is based on the idea that the corporation and its management are considered as one entity, and therefore, they can be held responsible for the actions of the corporation.

Sanctions for Violation

Sanctions that can be imposed for violating the law include criminal fines, administrative sanctions, threats of company closure, and the obligation to pay replacement money. The fines imposed are regulated in two models, namely a minimum fine of Rp 2,000,000,000.00 (two billion rupiah) and a maximum fine of Rp 1,000,000,000,000.00 (one trillion rupiah). The application of these sanctions is intended to deter corporate actors from violating the law and to provide a sense of justice for the victims of forest destruction.

Implementation of the Law

Although this law adopts a double track system, namely the application of criminal and administrative sanctions, there is still a debate in the theoretical level regarding its implementation. It is essential to understand that even though there are strict laws, law enforcement and effective supervision from the authorities will greatly determine the success in handling the criminal acts of forest destruction by the corporation. This requires synergy between legislation policies, law enforcement practices, and high social awareness of the importance of environmental protection.

Conclusion

Efforts to prevent and eradicate forest destruction not only involve the application of sanctions, but also require a joint commitment of all stakeholders, including the government, the community, and the private sector. The regulation of corporate criminal accountability in Law Number 18 of 2013 is an important step in achieving the objectives of public welfare. However, the success of this law depends on the effective implementation of the law and the commitment of all stakeholders to protect the environment.

Recommendations

Based on the analysis of the law, the following recommendations can be made:

Strengthening of Law Enforcement: The government should strengthen law enforcement practices to ensure that the law is effectively implemented.
Improvement of Public Awareness: The government and other stakeholders should improve public awareness of the importance of environmental protection and the consequences of forest destruction.
Development of Synergy: The government, the community, and the private sector should develop synergy to achieve the objectives of public welfare.
Review of the Law: The law should be reviewed periodically to ensure that it is effective in achieving its objectives.

Limitations of the Study

This study has several limitations, including:

Limited Scope: The study only focuses on the regulation of corporate criminal accountability in Law Number 18 of 2013.
Limited Data: The study only uses secondary and tertiary sources, which may not provide a comprehensive understanding of the issue.
Limited Analysis: The study only analyzes the law and its implementation, and does not provide a detailed analysis of the social and economic impacts of forest destruction.

Future Research Directions

Future research should focus on the following areas:

Implementation of the Law: Future research should focus on the implementation of the law and the challenges faced by law enforcement agencies.
Social and Economic Impacts: Future research should focus on the social and economic impacts of forest destruction and the effectiveness of the law in achieving its objectives.
Development of Synergy: Future research should focus on the development of synergy between the government, the community, and the private sector to achieve the objectives of public welfare.
Q&A: Corporate Criminal Responsibility Based on Law Number 18 of 2013 Concerning Prevention and Eradication of Forest Destruction

Q: What is the main objective of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction?

A: The main objective of Law Number 18 of 2013 is to prevent and eradicate forest destruction in Indonesia, which aims to reduce the rate of deforestation and protect the environment.

Q: What is corporate criminal liability, and how does it relate to Law Number 18 of 2013?

A: Corporate criminal liability refers to the concept of holding corporations accountable for their actions, just like individuals. Law Number 18 of 2013 regulates corporate criminal liability in the context of forest destruction, making corporations and their management responsible for their actions.

Q: What are the sanctions that can be imposed on corporations for violating the law?

A: The sanctions that can be imposed on corporations for violating the law include criminal fines, administrative sanctions, threats of company closure, and the obligation to pay replacement money. The fines imposed are regulated in two models, namely a minimum fine of Rp 2,000,000,000.00 (two billion rupiah) and a maximum fine of Rp 1,000,000,000,000.00 (one trillion rupiah).

Q: What is the theory of identification, and how does it relate to corporate criminal liability?

A: The theory of identification is based on the idea that the corporation and its management are considered as one entity, and therefore, they can be held responsible for the actions of the corporation. This theory is applied in Law Number 18 of 2013 to hold corporations and their management accountable for their actions.

Q: What is the role of law enforcement in implementing Law Number 18 of 2013?

A: Law enforcement plays a crucial role in implementing Law Number 18 of 2013. They are responsible for investigating and prosecuting corporations that violate the law, as well as enforcing the sanctions imposed on them.

Q: What is the importance of public awareness in preventing and eradicating forest destruction?

A: Public awareness is essential in preventing and eradicating forest destruction. By raising awareness about the importance of environmental protection and the consequences of forest destruction, the public can play a crucial role in preventing forest destruction and promoting sustainable development.

Q: What is the role of the private sector in preventing and eradicating forest destruction?

A: The private sector has a significant role to play in preventing and eradicating forest destruction. Companies can adopt sustainable practices, reduce their environmental impact, and promote sustainable development. They can also work with the government and other stakeholders to implement policies and programs that protect the environment.

Q: What are the challenges faced by the government in implementing Law Number 18 of 2013?

A: The government faces several challenges in implementing Law Number 18 of 2013, including limited resources, inadequate infrastructure, and corruption. Additionally, the government must also address the root causes of forest destruction, such as poverty and lack of access to education and healthcare.

Q: What is the future of corporate criminal liability in Indonesia?

A: The future of corporate criminal liability in Indonesia is uncertain. However, it is likely that the government will continue to strengthen laws and regulations to hold corporations accountable for their actions. Additionally, the government may also consider implementing new policies and programs to promote sustainable development and protect the environment.

Q: What can individuals do to contribute to preventing and eradicating forest destruction?

A: Individuals can contribute to preventing and eradicating forest destruction by adopting sustainable practices, reducing their environmental impact, and promoting sustainable development. They can also support organizations and initiatives that work to protect the environment and promote sustainable development.