Corporate Strict Liability in Environmental Crimes in Indonesia and the Netherlands

The purpose of this study is to analyze the regulation of corporate responsibility between the Indonesian and Dutch legal systems and the development of the principle of strict liability for corporations in environmental crimes in Indonesia and the Netherlands. The approach used in this research is a statutory approach and a comparative approach. This research data collection technique was carried out through conventional and online literature searches. The data analysis technique used in this research is qualitative because the data is presented in a descriptive-narrative way. The results of the study show that in Indonesian criminal law it has been recognized that corporations are the subjects or perpetrators of criminal acts, but responsibility in criminal law is still ambiguous. Several laws and regulations outside the Criminal Code formulate that corporations are explicitly recognized as legal subjects and can be accounted for. Regulations on the corporate responsibility system in the Netherlands are no longer scattered outside the Criminal Code. The application of the principle of strict liability to corporations committing environmental crimes is regulated in the Law on Environmental Protection and Management. In the Job Creation Act, there is an abolition of the strict liability provision which risks liberating corporations destroying the environment from liability.