Obstacles in the Application of Criminal Crimes to Corporations

Oct 13, 2025 by recoveryshake.com 21 views

Urgency of Criminal Application to Corporations in Environmental Crimes: Case Study in Medan Industrial Estate

Introduction

The issue of environmental pollution caused by industrial activities in the Medan Industrial Area (KIM) has become a serious concern for the residents of Mabar Village. The land, water, and air pollution caused by these industries threaten the health of citizens and demonstrate the failure of legal control in protecting them. Administrative and civil sanctions have proven to be ineffective in preventing and restoring the adverse effects caused. Therefore, the application of criminal crimes against corporations that commit environmental crimes (TPLH) becomes increasingly urgent.

Background

The Medan Industrial Area (KIM) is one of the largest industrial estates in Indonesia, with numerous corporations operating in the area. However, the rapid growth of industries in KIM has led to significant environmental pollution, affecting the health and well-being of the surrounding communities. The residents of Mabar Village, who live near the industrial area, have been complaining about the environmental pollution caused by the industries. The pollution has resulted in the contamination of land, water, and air, posing a significant threat to the health of citizens.

Research Methodology

This study aims to explore the urgency of criminal application to corporations, forms of criminal accountability, criminal sanctions that can be applied, as well as obstacles faced in their application. This case study is focused on the area of Mabar Village, with a descriptive research method that combines normative juridical approaches and sociological (empirical) juridical approaches. Data was obtained through questionnaires, interviews, and field observations, with 23 residents who have demonstrated as the main sample.

Results

The results of this study showed that the application of criminal crimes to corporations is an important step in protecting victims, preventing recurrence of violations, and providing a deterrent effect. Increasing the number of corporate actors involved in TPLH, such as PT. Medan Canning, PT. Million Jelita, PT. Red Ribbon, and PT. Indokarya, remains brilliant, further strengthens the need for criminal application as the main solution. The principle of criminal responsibility applied to the corporation is strict liability, which imposes responsibility to the corporation without the need to prove the element of error.

Criminal sanctions that can be imposed on corporations include criminal fines and compensation to victims. In addition, temporary rules of rules, such as the termination of activities that cause pollution, also need to be applied to stop the adverse effects.

Obstacles in the Application of Criminal Crimes to Corporations

However, there are several obstacles in the application of criminal crimes to corporations. First, community participation in the investigation and reporting of TPLH decreased due to the lack of security guarantees. Second, the lack of rules governing criminal accountability and specific criminal sanctions against corporations, especially related to compensation and temporary rules of rules, in Law Number 23 of 1997 concerning Environmental Management (UUPLH). Third, there are no clear guidelines in determining the right type of sanctions for each case.

These obstacles indicate a lack of integration in the criminal formulation in the UUPLH, which results in errors in the application of sanctions. Alternative solutions submitted to overcome these obstacles include:

Alternative Solutions

Formation of Special Police Officials (Special Institutions): Setting special institutions that focus on handling TPLH will increase the effectiveness of enforcement and provide a sense of security for the community in reporting violations.
The application of absolute criminal responsibility (strict liability) and reverse proof: The application of this principle makes the facts as the main basis in imposing sanctions. This will facilitate the proof process and increase the effectiveness of enforcement.
Establishment of a special court for environmental crimes: The establishment of a special court for environmental crimes will provide a dedicated platform for the prosecution of corporations that commit environmental crimes.
Strengthening of community participation: Strengthening community participation in the investigation and reporting of TPLH will increase the effectiveness of enforcement and provide a sense of security for the community in reporting violations.

Conclusion

The application of criminal crimes on corporations in TPLH is an important solution to uphold environmental law, protect the public from the adverse effects of environmental pollution, and realize environmental sustainability in Indonesia. Through the implementation of the proposed alternative solution, it is expected that the TPLH action process carried out on corporations can be more effective, fair, and able to provide a deterrent effect.

Recommendations

Based on the findings of this study, the following recommendations are made:

The government should establish a special institution that focuses on handling TPLH to increase the effectiveness of enforcement and provide a sense of security for the community in reporting violations.
The government should apply the principle of absolute criminal responsibility (strict liability) and reverse proof to make the facts as the main basis in imposing sanctions.
The government should establish a special court for environmental crimes to provide a dedicated platform for the prosecution of corporations that commit environmental crimes.
The government should strengthen community participation in the investigation and reporting of TPLH to increase the effectiveness of enforcement and provide a sense of security for the community in reporting violations.

By implementing these recommendations, it is expected that the TPLH action process carried out on corporations can be more effective, fair, and able to provide a deterrent effect.
Frequently Asked Questions (FAQs) on the Urgency of Criminal Application to Corporations in Environmental Crimes

Q: What is the main issue with environmental crimes committed by corporations in the Medan Industrial Area (KIM)?

A: The main issue is that the rapid growth of industries in KIM has led to significant environmental pollution, affecting the health and well-being of the surrounding communities. The pollution has resulted in the contamination of land, water, and air, posing a significant threat to the health of citizens.

Q: What is the principle of criminal responsibility applied to corporations in environmental crimes?

A: The principle of criminal responsibility applied to corporations in environmental crimes is strict liability, which imposes responsibility to the corporation without the need to prove the element of error.

Q: What are the criminal sanctions that can be imposed on corporations in environmental crimes?

A: The criminal sanctions that can be imposed on corporations in environmental crimes include criminal fines and compensation to victims. In addition, temporary rules of rules, such as the termination of activities that cause pollution, also need to be applied to stop the adverse effects.

Q: What are the obstacles in the application of criminal crimes to corporations in environmental crimes?

A: The obstacles in the application of criminal crimes to corporations in environmental crimes include:

Community participation in the investigation and reporting of TPLH decreased due to the lack of security guarantees.
The lack of rules governing criminal accountability and specific criminal sanctions against corporations, especially related to compensation and temporary rules of rules, in Law Number 23 of 1997 concerning Environmental Management (UUPLH).
There are no clear guidelines in determining the right type of sanctions for each case.

Q: What are the alternative solutions to overcome the obstacles in the application of criminal crimes to corporations in environmental crimes?

A: The alternative solutions to overcome the obstacles in the application of criminal crimes to corporations in environmental crimes include:

Formation of Special Police Officials (Special Institutions): Setting special institutions that focus on handling TPLH will increase the effectiveness of enforcement and provide a sense of security for the community in reporting violations.
The application of absolute criminal responsibility (strict liability) and reverse proof: The application of this principle makes the facts as the main basis in imposing sanctions. This will facilitate the proof process and increase the effectiveness of enforcement.
Establishment of a special court for environmental crimes: The establishment of a special court for environmental crimes will provide a dedicated platform for the prosecution of corporations that commit environmental crimes.
Strengthening of community participation: Strengthening community participation in the investigation and reporting of TPLH will increase the effectiveness of enforcement and provide a sense of security for the community in reporting violations.

Q: What is the expected outcome of implementing the alternative solutions?

A: The expected outcome of implementing the alternative solutions is that the TPLH action process carried out on corporations can be more effective, fair, and able to provide a deterrent effect.

Q: What are the recommendations made by this study?

A: The recommendations made by this study are:

The government should establish a special institution that focuses on handling TPLH to increase the effectiveness of enforcement and provide a sense of security for the community in reporting violations.
The government should apply the principle of absolute criminal responsibility (strict liability) and reverse proof to make the facts as the main basis in imposing sanctions.
The government should establish a special court for environmental crimes to provide a dedicated platform for the prosecution of corporations that commit environmental crimes.
The government should strengthen community participation in the investigation and reporting of TPLH to increase the effectiveness of enforcement and provide a sense of security for the community in reporting violations.

Q: What is the significance of this study?

A: This study is significant because it highlights the urgency of criminal application to corporations in environmental crimes and provides alternative solutions to overcome the obstacles in the application of criminal crimes to corporations. The study also provides recommendations for the government to implement the alternative solutions and improve the effectiveness of enforcement in environmental crimes.