Karya Ilmiah

DISERTASI (212) - Pemindaan Korporasi Dalam Hukum Kehutanan

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subjects are principally
entities that have equal status with natural subjects.This research is focused on
three legal issues (1) the legal philoshophy of corporate sentencing in a forestry
law, (2) the rule of law of corporate sentencing in a forestry law, (3) criminal law
policy against corporation as a forestry crime actor. Criminal law instruments in
sentencing of corporations as actors of forestry crime are in accordance with the
principle of state control over natural resources, human rights principles,
principles of maqashidus syariah, and principles of environmental justice. The
dynamics of the amendment of Law Number 41 Year 1999 as amended by Law
Number 19 Year 2004 regarding Forestry (Forestry Act) have an effect on criminal
law enforcement process to corporation. Changes in the criminal provisions of the
Forestry Act are the result of constitutional testing in the Constitutional Court and
the revocation of certain criminal provisions of the Forestry Act by other laws. The
Forestry Act implies imperative cumulative criminal punishment, but not
accompanied by the separation of forms of forestry crimes that can be committed
by the corporation to affect the criminal sentencing of corporations that commit
forestry crimes. Forestry criminal liability by corporations can be applied strict
liability principle, with meaning-oriented that strict liability is not equal to absolute
liability. The element of fault in the case of corporate liability that commits a forest
crime is sufficient to see the existence of corporate crime in accordance with
elements of forestry crime. Another element of fault is above a certain age and able
to be responsible, done with deliberate or negligence, the absence of a forgiving
reason, has been attached to the actors of forestry crime in the form of corporations.
Legal protection against victims of forestry crime which corporation as an actor is
conducted by including additional criminal formulation in the form of forest
recovery. Recommendations in this study is manifested in the formulation policy of
forestry criminal law in the future come. Several things to consider in order to
amend the Forestry Act in the future include (1) the existence of affirmation of the
subject of corporation, (2) the application of the strict liability principle in
corporate criminal liability, (3) the implementation of criminal type with the
dimension of legal protection against the victims of the forestry act’s crimes, (4)
integration of administrative policy in forestry field with criminal law policy in the
case of corporate crime and (5) implement the principles of Islamic criminal law in
sentencing of corporations in forestry crime.
Keywords: forestry law, sentencing, corporation, criminal liability

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Ketersediaan

031217017304

212

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

212

Penerbit

Surabaya : Fakultas Hukum Unair., 2018

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

212

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

PIDANA KORPORASI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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