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The Ultimum Remedium Principal Formulation Policy Is Partial In Nature In Corporate Criminality In Indonesia, Ade Adhari, Pujiyono Pujiyono, Sidharta Sidharta, Indah Siti Aprilia Apr 2024

The Ultimum Remedium Principal Formulation Policy Is Partial In Nature In Corporate Criminality In Indonesia, Ade Adhari, Pujiyono Pujiyono, Sidharta Sidharta, Indah Siti Aprilia

Indonesia Law Review

This article identifies and examines the policy formulation of the ultimum remedium principle in criminalizing corporations in Indonesia. The source of criminal law is found in the Criminal Code (KUHP) and laws outside the Criminal Code. The principle of ultimum remedium in corporate punishment is not recognized in the Criminal Code. Limited ultimum remedium-based corporate penalties are found in various laws containing offenses in the fields of taxation, customs, excise and the environment. Normatively, the process of prosecuting a corporation is a last resort, and the main step required is fulfilling the obligation to pay off losses to state revenue, …


Asuransi Lingkungan Berdasarkan Polluter Pay Principle Dan Command And Control Untuk Pemulihan Lingkungan Hidup Akibat Pencemaran Dan Kebakaran Hutan, Subagio Aridarmo Dec 2022

Asuransi Lingkungan Berdasarkan Polluter Pay Principle Dan Command And Control Untuk Pemulihan Lingkungan Hidup Akibat Pencemaran Dan Kebakaran Hutan, Subagio Aridarmo

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Mining, plantation and industrial business actors are charged with the obligation to pay environmental insurance as a condition for being able to carry out activities or business. The application of environmental insurance is based on the Polluter Pay Principle and Command and Control in the framework of law enforcement in the environmental sector. Current laws and regulations do not guarantee safety and restoration of environmental pollution and/or damage, for example, many business actors do not pay compensation in court decisions in cases of forest and land fires. This makes efforts to repair and restore the environment from pollution and/or damage …


Politik Hukum Rancangan Undang-Undang Cipta Kerja Disektor Lingkungan Hidup Dan Kehutanan(Suatu Telaah Kritis), Wahyu Nugroho, Erwin Syahruddin Sep 2021

Politik Hukum Rancangan Undang-Undang Cipta Kerja Disektor Lingkungan Hidup Dan Kehutanan(Suatu Telaah Kritis), Wahyu Nugroho, Erwin Syahruddin

Jurnal Hukum & Pembangunan

Draft Law on Cipta Kerja using the omnibus law method in the environment and forestry sector needs to be tested in the current constitutionalism of the environment. In this article, the author will focus on environmental and forestry issues in the content of the Draft Law on CiptaKerja with the formulation of the problem, how is the critical review of the material contained in the Draft Law on Cipta Kerja inthe environment and forestry sector? and what are the implications of the material content regulated in the DraftLaw on Cipta Kerja in the environment and forestry sector?The results of his …