Pertangungjawaban Pidana Korporasi Terhadap Tindak Pidana Lingkungan Hidup Dalam Undang-Undang Nomor 32 Tahun 2009 Tentang Perlindungan Dan Pengelolaan Lingkungan Hidup (Perspektif Hukum Pidana Islam)

Abstract

Criminal responsibility is a requirement of criminal sentence in criminal law and Islamic criminal law, this is related to the criminal. Islamic Criminal law explains that criminal liability only subjected to the individual.There is no criminal liability on corporate especially in terms of deprivation of liberty (imprisonment, confinement) because corporate doesn’t haveideas and will which are usually owned by person. The Environment Act 32/2009 regulated that corporate can be sentenced, in fact, the criminal responsibility is purposed to the leader of corporation. This regulation is appropriate with principles of Islamic criminal law.

Furthermore, Islamic criminal law imposes the sentences uponulil amri, which hasn’t been formally regulated by the Shari'ah, this conditionproves for people’s benefit. The punishment is called ta’zir which can be additional penalties (fined, confiscation, revocation). The sanction of environmental crime hasn’t been regulated in Shari’ah. Therefore, the regulation of environmental crime becomes government responsibility. The Additional penalties have been ordered by The Environment Law 32/2009 at article 119.