PERTANGGUNGJAWABAN PIDANA KORPORASI SEBAGAI PELAKU TINDAK PIDANA LINGKUNGAN HIDUPDALAM HUKUM PIDANA INDONESIA

Abstract

Environmental crimes involving corporations pose a massive threat of ecological degradation, thus demanding an effective and adaptive criminal liability framework. This study aims to analyze the development of corporate criminal liability regulations in Indonesia, identify obstacles in the implementation level, and assess the prospects for the implementation of the Deferred Prosecution Agreement (DPA) mechanism in environmental law enforcement. The research method used is juridical normative approach to legislation and conceptual.  This study uses normative juridical method by conceptualizing the law as a norm written in the legislation (law in books). Approaches used include statutory approach( statute approach), conceptual approach (conceptual approach), case approach (case approach), and comparative approach (comparative approach). Sources of legal materials consist of primary legal materials in the form of related legislation, secondary legal materials in the form of literature and expert doctrine, and tertiary legal materials as a support. The collection of legal materials is carried out through library studies which are then systematically processed and analyzed using systematic interpretation in order to obtain coherent conclusions on the legal issues studied. The results showed that the configuration of Indonesian criminal law has made rapid progress in establishing corporations as legal subjects through the instrument of the PPLH law, strengthening legitimacy in the new Criminal Code (Law no. 1 of 2023), as well as guidelines for handling cases through PERMA No. 13 of 2016. However, law enforcement in the field is still constrained by the complexity of proof and stuck in the financial-retributive paradigm. Corporate penalties are dominated by fines deposited as non-tax state revenues (PNBP), while the imperative obligation of environmental restoration (ecological remediation) is often overlooked in judicial decisions. As a progressive step, the Deferred Prosecution Agreement (DPA) mechanism accommodated in the renewal of the Criminal Procedure Law (Article 328 of the Criminal Procedure Code) has strategic potential as an alternative to environmental law enforcement. The implementation of DPA offers a restorative approach that integrates the criminal dimension with concrete ecological and social recovery, while encouraging the transformation of corporate governance towards sustainable corporate governance. Thus, DPA can be an effective instrument in realizing ecological justice and supporting the green economy agenda in Indonesia