Optimal Sentencing Patterns for Corporations Involved in Environmental Destruction Causing Forest and Land Fires (Case Study: Court Decision Number 71/PID.B/LH/2021/PN.SNT)
Year: 2025
Type: article
Abstract: The environmental degradation caused by forest and land fires in Indonesia continues to pose serious legal and ecological challenges, particularly when perpetrated by corporations. This study focuses on analyzing judicial responses to corporate environmental crimes, specifically in the case of PT. Mega Anugerah Sawit (MAS) through Court Decision Number 71/PID.B/LH/2021/PN.SNT. Utilizing normative legal research methods and a conceptual approach, the research finds that corporate criminal accountability in environmental offenses remains weak due to the limited application of strict liability, inadequate enforcement of restorative justice, and low effectiveness of criminal sanctions. The study proposes an ideal sentencing model that integrates environmental restoration, increased fines, and the implementation of standalone remedial sanctions. Furthermore, the research argues that Indonesia's criminal justice system requires systemic reforms to effectively address corporate environmental violations, including legislative revisions and heightened ecological awareness within the judiciary.
Language: English
Topic: Legal Studies and Policies
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4411282203