Criminal Liability for Corporations Conducting Mining Activities

Abstract

In Indonesia itself, corporate crimes in the mining sector still often occur empirical facts, problems related to mining, many mining efforts are carried out illegally (without permission). The purpose of the study in this study: 1). to find out how criminal liability is imposed on corporations carrying out mining activities today; 2). to find out what are the weaknesses of criminal liability for corporations carrying out mining activities today. This study uses a normative legal approach, with a descriptive analytical research method. The data used are primary and secondary data that will be analyzed qualitatively. Research problems are analyzed using the theory of legal objectives and the theory of corporate responsibility. The results of the study concluded that: 1) Criminal liability for corporations carrying out mining activities currently has several forms, namely criminal fines, additional criminal penalties, and administrative sanctions, which have the aim of law enforcement where corporate crimes can be assessed as causing large-scale losses, for both society and the state; 2) The weakness of criminal liability for corporations carrying out mining activities is that the weakness of the Laws and Regulations in the mining sector, which among other things is reflected in the lack of support for the interests of the wider community and the absence of warnings to official or licensed mining that does not utilize its business area (idle land), Weaknesses in law enforcement and supervision, law enforcement officers have not firmly sanctioned perpetrators of corporate crimes that carry out mining, there has been no socialization regarding corporate criminal liability in illegal mining cases to the community so that the rights of the community are guaranteed by the Mining Law.