CORPORATE CRIMINAL LIABILITY AND SANCTIONS FOR CONFISCATION OF PROFITS IN ENVIRONMENTAL POLLUTION

Abstrak

Background. Environmental pollution by corporations is often treated only as a "cost of doing business" because the sanctions imposed do not have a significant deterrent effect. In fact, the legal instruments in the PPLH Law have provided space for more progressive corporate criminal liability to overcome structured negligence in industrial activities.

Purpose. This study aims to analyze the mechanism of corporate criminal liability in environmental law in Indonesia, particularly regarding the effectiveness of the application of legal sanctions and the confiscation of economic benefits to restore environmental functions.

Method. This research uses normative legal research methods, including a statute and case approach. An analysis was conducted of the jurisprudence in the PT Cahaya Bintan Abadi Decision and the current challenges in the case of Cesium-137 radioactive contamination in Cikande.

Results. The results of the study show a shift in law enforcement's approach towards heavier economic sanctions. The application of billions of rupiah in fines and restoration obligations is a manifestation of the polluter-pays principle. This instrument has proven to be a powerful tool for seizing the economic benefits corporations derive from the consequences of neglecting environmental standards.

Conclusion. Criminal sanctions achieve maximum effectiveness when accompanied by strict supervision of the field recovery process. It is necessary to standardize the calculation of environmental losses and evaluate the performance of law enforcement officials to increase legal certainty and force corporate compliance with environmental safety standards.