LEGAL STUDY ON THE CRIMINAL LIABILITY OFFENDERS OF THE ENVIRONMENT

International Journal of Civil Engineering and Technology (IJCIET) Volume 9, Issue 12, December 2018, pp. 1082 1093, Article ID: IJCIET_09_12_112 Available online at http://www.iaeme.com/ijciet/issues.asp?jtype=ijciet&vtype=9&itype=12 ISSN Print: 0976-6308 and ISSN Online: 0976-6316 IAEME Publication Scopus Indexed LEGAL STUDY ON THE CRIMINAL LIABILITY OFFENDERS OF THE ENVIRONMENT Sumarno Department of Law, Universitas Pembangunan Pancabudi, Indonesia Ismaidar Department of Law, Universitas Pembangunan Pancabudi, Indonesia Abdullah Syafi Department of Law, Universitas Pembangunan Pancabudi, Indonesia Dwintoro Department of Law, Universitas Pembangunan Pancabudi, Indonesia ABSTRACT The environment as a resource is an indispensable asset for people to pursue. This case is under the provisions outlined in Article 33 paragraph 3 of the 1945 Constitution which states that "the earth, the water and the natural wealth contained therein are used to the greatest extent of the people's prosperity." In addition to the formulation of Article 33 paragraph 3 of the 1945 Constitution above, the existence of the environment is also outlined in the provision of Article 28 letter H paragraph 1 of the 1945 Constitution. Environmental pollution as mentioned in Article 1 point 12 of Law No. 23 of 1997 on Environmental Management as amended by Article 1 number 4 of Law Number 32 of 2009 on the Protection and Management of the Environment, it is regulated solely in a law- other invitations that enter into the scope of environmental legislation in general and / or in particular. The arrangement of corporate responsibility as a perpetrator of environmental offenses is regulated in the provisions of Article 116; Article 119 of Law Number 32 of 2009 concerning the Protection and Management of the Environment. To law enforcers, either the Police, the Attorney General, the Judiciary and various environmental-related agencies are advised to always improve their ability by following various training held by the government or by non-governmental agencies, which will have an impact on the increase law enforcement in the field of environment to a better direction. Key words: Environmental, Pollution, Criminal, Responsibility Cite this Article: Sumarno, Ismaidar, Abdullah Syafi, Dwintoro, Legal Study on the Criminal Liability Offenders of the Environment, International Journal of Civil Engineering and Technology (IJCIET) 9(12), 2018, pp. 1082 1093. http://www.iaeme.com/ijciet/issues.asp?jtype=ijciet&vtype=9&itype=12 http://www.iaeme.com/ijciet/index.asp 1082 editor@iaeme.com

Sumarno, Ismaidar, Abdullah Syafi, Dwintoro 1. INTRODUCTION The environment is an absolute part of everyone's life. Humans breathe and get light because of the air and the sun. Also, people can eat, drink, farm, build houses, bathe and shelter from the role of the environment. Furthermore, human beings can process the production of raw materials obtained from the surrounding environment, build houses and buildings, create transport tools, create human-made nuclear reactors due to its environmentally-accessible [1]. The environment is essentially the gift of the Almighty God to the people and the nation of Indonesia, which is a space for life in all respects by the insight of the archipelago. In order to empower natural resources and to advance the common good as mandated by the 1945 Constitution, and to achieve the happiness of life-based on Pancasila. It should have based on sustainable environmental development, which is based on a comprehensive national policy taking into account the provisions for current and future generations, by implementing harmonious environmental management to support the sustainable development of environmentally-friendly [2]. Etymologically, the environment divided into two "environmental" words which mean the area (region and so forth) that belong to it [3], and the word "living" which means it continues to exist, moves and works properly. Understanding the environment by terminology according to the Great Indonesian Dictionary is "the unity of space with all things, power, state, and living beings, including human and behavior that affect the life and enjoyment of human beings and other living things." N.H.T. Siahaan also defines "the environment as the sum of all the objects and conditions that exist in the space; we occupy that affect our lives [1]. Understanding the environment itself, besides being provided by experts is also formulated in Article 1 point 1 of Law Number 32 of 2009 on Environmental Protection and Management abbreviated by UUPPLH, formulating "the environment is a unity of space with all things, power, state, and living things, including humans and their behaviors that affect nature itself, the survival of life, the prosperity of humans and other living creatures." The environment as a resource is an indispensable asset for people to pursue. This case is following the provisions outlined in Article 33 paragraph 3 of the 1945 Constitution which states that "the earth, the water and the natural wealth contained therein are used to the greatest extent of the people's prosperity." In addition to the formulation of Article 33 paragraph 3 of the 1945 Constitution above, the existence of the environment is also outlined in the provision of Article 28 letter H paragraph 1 of the 1945 Constitution. According to Sonny Keraf, as referred to Supriady, it is undeniable that various environmental cases are happening right now. Both in the global environment and the national environment, most of the sources are in human behavior [4]. One type of violation of the right to a clean environment is environmental pollution. Environmental pollution is done basically as a result of human action towards its environment that affects and lowers the quality of the environment to a certain extent, so the environmental quality standard as a standard for measuring the carrying capacity of the environment becomes exceeded. Environmental quality standards are required to set standards for environmental pollution, meaning that if environmental conditions exist above the standard threshold for environmental quality, then the environment has been damaged or polluted [5]. It requires settlement through existing legal instruments, including criminal law instruments. The corporation does not only carry out its economic activities, but it is also obliged to comply with any rules outlined in various economic regulations [6]. Accordingly, the expected role can be given by legal entities (corporations) in the current process of modernization or development, about and sustainability of natural and environmental resources [7]. http://www.iaeme.com/ijciet/index.asp 1083 editor@iaeme.com

Legal Study on the Criminal Liability Offenders of the Environment Niniek Suparmi stated that "Companies established somewhere must pay attention to the balance and sustainability of natural resources used in the industrial process and the prevention of environmental damage and pollution caused by business and industry processes" [8]. Furthermore, Niniek Suparni said the negative impacts of disturbance, damage, and hazard to the safety and health of the surrounding communities were caused by soil, water and air pollution and noise by industrial activity [8]. The entry of corporations as the subject of criminal law can be seen through sociological approaches, where there is a tendency that the criminal law is as long as a claim is released from the context of human beings, thus it can be concluded that only humans who can in principle be treated as legal subjects may be denied, the grounds of treating legal entities as subjects the law is related to the legal entity or to participate in changing the social situation, which implies that a legal entity may be found guilty, if the criminal law is released from the human context, it implies that it may be punishable by the law [9]. Responsibility is the obligatory state of things. Responsible is the obligation to bear everything or to answer and bear the consequences. Responsibility is the consciousness of a person of intentional or unintentional behavior or act. Responsibility also means doing as a realization of its obligation. That responsibility is naturally meaning that it has become part of human life. Every human being must be burdened with responsibility. If he does not want to be responsible, then there are others who impose that responsibility. Thus, the responsibility can be seen from two sides, i.e., from the side of the party and the side of the other party's interests. Responsibility is the characteristic of civilized people (cultured). Humans feel responsible because they are aware of the good or bad consequences of that act, and realize that other parties need their dedication or sacrifice. Need to be pursued education, counseling, exemplary, and loyalty to the Almighty to gain or increase responsible awareness. Discussing the issue of criminal liability, can not be separated from two different views: monistic views and dualistic views [10]. According to the dualism or the flow of dualism, criminal acts only refer to the prohibited and threatened acts of a crime, whether the person who committed the act then was also punished as threatened, it depends on whether in doing this act he/she had an offense [11] [12]. Following the principle in the criminal liability of Green Straaf Zonder Schuld which means no criminal without any mistake. Based on this Green Straaf Zonder Schuld foundation. Moeljatno said "people can not be held responsible (convicted) if he does not commit a criminal act, but despite committing a crime he can not always be punished. Criminal offense is a fundamental principle in penalizing a person who has committed a criminal act on the basis of a person's liability for the act he has committed, but before that it is forbidden and threatened with an act of his conduct, that is based on the principle of legality of legality) the principle which determines that no act is forbidden and threatened with a criminal if it is not prescribed in the legislation, is usually more commonly known in Latin as Nullum delictum nulla poena sine praevia lege poenali (no delik, no criminal without the first rule), this remark came from von feurbach, a German criminal law scholar. The basis of this legality is contained three definitions: There is no prohibited and punishable act of criminal offense if it has not been previously stated in the rule of law. To determine the existence of a criminal act can not be used an analogy. Criminal law rules may not apply retroactively. A new act may be declared as a crime if the act is in addition to the nature of the law. In that act, there is also a mistake, which is a broad sense can be divided into deliberate (dolus, opzet) and negligence (culpa, schuld). In the science of criminal law, the intention can be http://www.iaeme.com/ijciet/index.asp 1084 editor@iaeme.com

Sumarno, Ismaidar, Abdullah Syafi, Dwintoro divided into three kinds of deliberate purpose (opzet als oogmerk), deliberately with a certainty (opzet met bewustheid van zekerheid of noodzakelijkheid) and intentionally (opzet met waarschijnlijkheidsbewustzijn) [12]. According to strict liability doctrine, criminal liability imposed on the perpetrators of the offense concerned with no need to be proved to be an offense (deliberate or negligent) of the perpetrator. The principle of accountability based on an error is a reaction to the principle or theory of absolute responsibility (no fault liability) [13] The absolute responsibility problem within the library is usually known as the absolute liability or strict liability. This principle of absolute responsibility is intended that accountability imposed on legal entities (corporations) without the obligation to prove any offense. It is often questionable that strict liability is equal to absolute liability. Regarding that there are two opinions, firstly stating that strict liability is an absolute liability, the reason is that in the case of a person's strict liability has committed a forbidden act (actus reus) as prescribed by law can be convicted without questioning the perpetrator has a mistake (mens rea). The second opinion, strict liability is not an absolute liability means that a person who commits a forbidden act is not necessarily punished [14]. Pollution is the change of environmental order by human activities or natural processes that cause the quality of the environment to go down to a certain extent and cause the environment to function unnecessarily the entry of pollutants into a particular environment in which it will disturb environmental stability. Pollution is the influx or inclusion of living beings, energy substances, or other components into the environment, or changing the order of the environment by human activity or by natural processes that result in environmental quality decreasing to a certain extent and impacting the environment that is less or no longer functioning according to the provisions. This definition is in line with the definition of pollution (Act No. 23 of 1997 on Environmental Management enhanced by Law No. 32 of 2009 on Environmental Protection and Management). While pollutants are called pollutants, the conditions of a substance are called pollutants when their presence can cause harm to the living being; this can occur if it is present under conditions: 1. The amount exceeds the normal amount 2. Being at the wrong time 3. Being in the wrong place. Living and environment are two things that are inseparable and interdependent. The oceans, hills, mountains, rivers, lakes are all part of the natural environment. The natural environment itself is one part of the environment. The environment encompasses all natural environments such as physical, biological, and social environments. That is why the understanding of the environment is more comprehensive than the natural environment. According to scholars such as Munajat Danusaputra, the Environment is all objects and conditions including the human and its activities, contained in the space in which human beings are and affects the survival and well-being of humans and other living entities. According to Emil Salim, the environment is all things, the state, and the influence in the room we occupy and affect the living things, including human life. Based on the above description in the formulation of the following problems: How is the arrangement of responsibility for environmental offender criminal offense? What are the factors that cause environmental pollution? How to apply sanctions for criminal liability to perpetrators who are conducting environmental pollution? http://www.iaeme.com/ijciet/index.asp 1085 editor@iaeme.com

Legal Study on the Criminal Liability Offenders of the Environment 2. DISCUSSION 2.1. Accountability of environmental offenders criminal liability. In Indonesia, the corporate liability principle is not regulated in the general criminal law (KUHP) but is spread in special criminal law. It does not recognize the corporate responsibility principle in this Criminal Code because of a criminal offense is known in the Penal Code is a person in a natural biological connotation (natuurlijke persoon). Also, the Criminal Code also holds the basis of the nonpotest sociates delinquent where legal entities are considered to be ineligible. As such, fictional thinking about the nature of the legal entity (rechspersoonlijkheid) does not apply in the field of criminal law. The importance of corporate criminal liability may refer to Elliot and Quinn's opinion. Firstly, without the criminal liability of corporations, companies are not impossible avoiding criminal regulations, and only their employees charged for committing a crime which is a breach of the company. Second, in some cases, for procedural purposes, it is easier to prosecute the company than its employees. Thirdly, in the case of a serious crime, a company can pay the penalty imposed by the employee. Fourth, the threat of criminal prosecution against companies can encourage shareholders to oversee the activities of companies where they have invested. Fifth, if a company has taken advantage of the illegal business activity, it should be the company that has sanctioned the offenses committed by the company rather than the employees. Sixth, corporate responsibility can prevent companies from suppressing their employees, either directly or indirectly, for the employees to seek profits, not from illegal business activities. Seventh, the adverse publicity and imposition of penal sanctions on the company may serve as a deterrent for the company to engage in unlawful activities, where this is unlikely to occur if the claimant is their employee. According to Barda Nawawi Arief, for the existence of criminal liability must be more evident of who can be accountable, meaning it must be ascertained first who is declared as the perpetrator of a particular crime. This issue concerns the subject of a criminal act that is generally formulated by the lawmaker for the relevant criminal. Once the perpetrator is determined, then how about his criminal liability. Regarding the nature of corporate accountability in criminal law there are several ways or formulation systems adopted by legislators, namely: the corporate manager as the maker and manager is responsible for the corporate manager as the maker, and the manager is responsible. To the manager is charged with certain obligations. The burden obligation is actually a liability of the corporation. Managers who do not fulfill these obligations are threatened with criminal penalties. In this system, there is a reason to eliminate the crime. The basis of the idea is that the corporation itself can not be held accountable for an offense, but it is always the manager who commits the offense, and hence the manager is threatened with criminal punishment and convicted. Corporations as accountable and responsible managers. In this case, a corporation as a producer (perpetrator) and a responsible manager, it is considered by the corporation that is what is done by the corporate equipment by competent authority based on its budget. The offense committed by the corporation is a crime committed by a particular person as a lawyer. The nature of the act that makes the crime is onpersoonlijk. The person who leads the corporation is responsible for the crime, regardless of whether he or she knows or does not do the act. Corporate as a manufacturer and also responsible. The corporation as a maker and also as responsible for its motivation is to take into account the development of the corporation itself. The appointment of the manager only as a criminal cannot be enough because the legal entity receives profits and the society is suffering from such losses. Law No. 23 of 1997 on Environmental Management has sanctioned penal sanctions imprisonment and penalties against polluting legal entities. Furthermore, under Article 46 of Law No.23 / 1997 it is stated that if the legal entity is proven to commit a crime, the http://www.iaeme.com/ijciet/index.asp 1086 editor@iaeme.com

Sumarno, Ismaidar, Abdullah Syafi, Dwintoro sanction shall be set aside in addition to the legal body, also to those who give orders or who are the leaders of the act. Corporate crimes as outlined in Articles 45 and 46 of Law No.23 / 1997 are the formulas of corporate crimes as regulated in the Dutch Penal Code. Corporation as a legal person can be punishable under Law No.23 / 1997. The criminal liability of the corporation factual leader and instrumentation giver, it can be punished simultaneously. Such punishment is not due to physical or actual acts, but based on the functions it carries in a company. To determine who is responsible between the management of a legal entity who has to shoulder the burden of such criminal liability, it should be reviewed concerning the AMDAL documents, Licenses and the division of the job duties in the position of office in the relevant legal entity. Such searches and documents will produce the data, information, and facts of the negative impacts arising from the business activity and the extent to which the monitoring and control have been done on the impact. From these documents, it may also be noted how the rights and obligations of the company's management are to monitor, prevent and control the negative impacts of the company's activities. From the search, it will be true whether the pollution and environmental damage occurs because of deliberate or negligence. Observe the provisions of Article 6 of the UUPLH which stipulates that the obligation of every person maintains the preservation of the environmental function and prevents and censures pollution and environmental destruction "and" is obliged to provide accurate and accurate information regarding the management of the environment. The provisions of Article 46 of UUPLH make the concept of corporate criminal liability in the environmental field applicable to legal entities and their governing bodies (directors, managers responsible for the management of the company's environment, even to shareholders and commissioners) together in such activities and/or business cause pollution and / or damage to the environment. Corporations can reduce the risk of environmental responsibility from their day-to-day operations, by maintaining good working relationships with environmental agencies. Officers (agencies) who conduct environmental monitoring, as usual, provide opportunities for corporations to correct the violations they have committed. Environmental issues have become the concern of many parties, either locally, nationally and internationally, which arise in response to rapidly increasing degradation of quality and quantity of the environment along with the growth rate of the world population. The problem of living circles has become a chronic illness that is hard to recover. Even though the environmental problems that have taken place in Indonesia have been caused by a paradigm of development that emphasizes economic growth and ignores environmental factors. Environmental problems for developing countries such as Indonesia has a dilemma. On the one hand, there is a demand to implement development that has an impact on the environment, on the other hand, must make efforts to preserve the environment. The solution, in implementing practical development and improving environmental quality. In Law No. 23 of 1997 on Environmental Management (UUPLH) it is regulated that everyone has the same right to a good and healthy environment. Every person is obliged to maintain the preservation of environmental functions and to prevent and cope with pollution and environmental destruction. The continuation of this staple is the burden of pollution, and the destruction of the environment is accountable to polluters and destroyers, so sanctions are accountable to those who pollute and harm the environment. Corporate developments in Indonesia in a short time become very fast and rapid because of its highly expansive nature reaching out to all business areas that can grow fertile and profitable. Another thing is also marked by the role of the government through regulations that provide ease of effort and other facilities. Corporations as perpetrators of crime and environmental offenses as a delicate should be seen within the framework of sustainable http://www.iaeme.com/ijciet/index.asp 1087 editor@iaeme.com

Legal Study on the Criminal Liability Offenders of the Environment development. Corporations as an institution that has a unique structure and comes with a set of rules governing personnel actions within it, as a legal institution, an entity whose existence and capacity to do something is determined by law, often violate the law. However, in many ways, corporations often pass through Corporate Law entrapment as legal subjects not only to conduct their activities under economic principles (seeking maximum profits) but also have an obligation to comply with the laws of the economy that the government uses to realize the welfare of society and social justice. Common corporate terms are used by criminal and criminal law experts to refer to what is in the area of civil law referred to as a legal entity or in the Dutch language called rechtspersoon or in English with the term legal person or legal body. The so-called "legal entity" is, in fact, not merely a legal creation, by pointing to the existence of an agency in which this body is subjected to status as a subject of law, in addition to the human subject matter (natuurlijk persoon). "This body is considered to be able to exercise all legal action with all the wealth that arises from that act which should be regarded as the property of the body, irrespective of the personal persons assembled therein." Corporations as legal entities must have their own legal identities. The legal status of a corporation or company is separate from the legal identity of its shareholders, directors, and other organs. In civil law, it is clear that a corporation or legal entity to engage in the subject of civil law may conduct sale and purchase activities, may enter into agreements or contracts with other parties, and may prosecute and prosecute in civilian courts. Shareholders enjoy the benefits derived from the concept of limited liability, and corporate activities are ongoing, in the sense that their existence will not change despite the addition of new members or cessation or death of existing members. But until now, the concept of criminal liability by the corporation as a corporate-criminal responsibility is still a matter of debate. Many parties do not support the view that a corporeal phenomenon can commit a crime and has a criminal intent which creates criminal liability. In the case of the environment, this corporate responsibility is regulated in Article 46 of Law no. 23 of 1997 on Environmental Management which essentially can be charged criminal liability to any person, legal entity and/or its governing body. According to Koesnadi Hardjasoemantri, the consensus of the adoption of the provisions concerning corporate responsibility should be fully understood by the entrepreneurs, so should be careful in managing their company to avoid the act of causing the entrepreneur to be imprisoned, besides his company being fined for pollution and / or the environmental damage caused by the business and/or activities. 2.2. Factors that cause environmental pollution In the provisions of the environmental legislation, whether in Law No. 23 of 1997 on Environmental Management as well as the provisions of Law No. 32 of 2009 on Environmental Protection and Management, there is absolutely nothing to mention or provide about the criteria or the type of environmental pollution. The criteria for environmental pollution as mentioned in Article 1 point 12 of Law Number 23 of 1997 on Environmental Management as amended by Article 1 number 4 of Law Number 32 of 2009 on the Protection and Management of the Environment, it is regulated solely in a law Other laws that fall under the scope of environmental legislation. According to some environmental laws and regulations, the type of environmental pollution that may occur under the provisions of Law No. 23 of 1997 on Environmental Management as amended by Act No. 32 of 2009 on Protection and Management of the Environment between other air pollution regulated in Government Regulation No. 41 of 1999 on Air Pollution Control, water pollution regulated in Government Regulation No. 82 of 2001 on Water Quality Management and Water Pollution http://www.iaeme.com/ijciet/index.asp 1088 editor@iaeme.com

Sumarno, Ismaidar, Abdullah Syafi, Dwintoro Control and marine pollution regulated in Government Regulation No. 19 of 1999 on Pollution Control and / or Sea Destruction and soil pollution [8]. Based on the summary of article 1 point 12 of Law No. 23 of 1997 on Environmental Management, as amended by Article 1 number 14 of Law Number 32 of 2009 on the Protection and Management of Environment above, the types of environmental pollution, are: Entrance or entry of living beings, substances, energy and or other components into the environment. Performed by human activity Decrease environmental quality Surpass the defined environmental quality standard. Air pollution is declared cleaner if the air component is still not mixed with substances, energy and or other unwanted components, and to protect air, the government sets ambient air quality standards, thus, air is said to be contaminated when ambient air quality drops to a certain level that causes Ambient air can not fulfill its function. Air pollution may occur from sources of air pollution such as coal combustion, fuel oils, and other combustion products with particulate matter (aerosols, dust, ash, fog, smoke) other than plant-related activities, and refineries, and also grinding of the accumulation and crushing of metal sulfate processing and drying process dismantling and land clearing activities for both estates and for housing, as well as non-qualifying garbage or waste disposal. If talking about the cause of environmental pollution, many factors can cause environmental pollution, including: 1. Industrialization Factors; as the cause of environmental pollution among other human activities such as: The increased transport, distillation and processing of materials to produce items that can be used. Mining, transportation, distillation and fuel use to generate energy The wastes generated as a byproduct during the above processes. 2. Urbanization Factors; as a cause of environmental pollution include human activities such as: Deforestation for villages, industrial and transportation systems. The accumulation or accumulation of waste or waste and side effects during the above processes. 3. Population Density Factor; as the cause of environmental pollution include: Increased housing needs/housing Increased food needs and energy needs Increased requirements to consumption the goods and materials for life. 4. Lifestyle Factors; as the cause of environmental pollution include human activities such as: Excessive use of goods needs to be wasted. Demand for luxury Energy waste 5. Economic Development Factors; as a cause of environmental pollution include human activities such as: Increased use of resources, such as fuel and forest products. Increased waste residues as a by-product of the production of goods While the occurrence of environmental pollution viewed from the corporate point of view that caused the pollution, caused by among other factors: 1. The high cost of making sewerage installation http://www.iaeme.com/ijciet/index.asp 1089 editor@iaeme.com

Legal Study on the Criminal Liability Offenders of the Environment 2. Weak implementation of environmental regulations and environmental law enforcement 3. Lack of inspection by the company on the quality of sewerage installation 4. The nature of the consequences of environmental pollution that has a timeframe on environmental media changes. 2.3. Application of sanction of criminal liability to the perpetrator who conducts environmental pollution Legal entities or corporations as legal subjects do not only carry out their activities under economic principles (seeking maximum profits) but also have an obligation to comply with the laws of the economy that are used by the government to realize the welfare of society and social justice. The expected role of a legal entity or corporation in the process of modernization or development, including about and sustainability of natural and environmental resources. When viewed more globally, the purpose of corporate criminalization concerns the target of a basic nature of the criminal offense, which includes: 1. The purpose of the offense is prevention (general and specific). The purpose of corporate crimes is that with corporal punishment corporations themselves will not commit another crime and other corporations are prevented for criminal offenses, with the aim of protecting the public. 2. The purpose of the offense is the protection of the community. Public protection as the purpose of criminalization has a broad dimension because it is fundamentally a goal of all the crimes. It is narrowly described as the court's discretionary material to seek a way through the crimes so that corporations can not afford to commit a crime. Thus society is protected from the danger of repatriation. 3. The purpose of the crime is to create a solidarity of society. The maintenance of public solidarity about the purpose of the criminalization is to prevent the public's customs and to prevent personal revenge, or unofficial revenge. Corporate violations are compensated for victims to maintain social solidarity carried out by the corporation itself taken from corporate wealth so that social solidarity is maintained. 4. The purpose of punishment is compensation or balance. That is, there is a comparison between the criminal and the individual responsibility of the criminal offender, taking into account several factors. Suffering associated with the criminal must be limited to the narrowest limits, and the criminal must contribute to the process of readjustment of the convicted person in everyday life, and also it means that the criminal must not exceed the guilty not even with any general preventive reasons. Barda Nawawi Arif as quoted by Alvi Syahrin states that criminal liability must be clear first of all who can be accountable, this means that it must first be ascertained who is declared as a perpetrator of a particular offense, this concerns any subject of criminal law generally has been formulated by lawmakers for a criminal offense, while criminal liability is another angle of the criminal law subject [6]. In order to determine who is responsible between the governing body of the legal entity or the corporation who has to bear the burden of such criminal liability, it must be traced by the Environmental Impact Analysis document, license and division of the body within the department's applicable law. The search of such documents will result in the data, information and facts of the negative impacts arising from a particular business activity and the extent to which the monitoring and review has been effected on such impact, as well as those documents may also be known as the rights and the obligations of such legal entities to monitor, prevent and control the negative impacts of legal or corporate activity. From the search will be known that environmental pollution is occurring due to intentional or negligence. http://www.iaeme.com/ijciet/index.asp 1090 editor@iaeme.com

Sumarno, Ismaidar, Abdullah Syafi, Dwintoro Establishing a legal entity as a perpetrator may be conducted by the criteria of the execution of the task and or the achievement of the objectives of the legal entity or corporation. Legal entity or corporation may be treated as a perpetrator, if it is proven that the action concerned is carried out in the course of the execution of the task and or the attainment of the objectives of the legal entity or the corporation, as well as in the case of the person (the company's employees) which factually act by the concerned by doing so on its own initiative as well as contrary to the instructions or instructions given. Legal entities or corporations may do all deeds in the social traffic of the community, including acts which are justified by law and which are prohibited by law or lawlessness or offenses through people who become organs or devices. The enforcement instrument is a criminal instrument. Constraints in the application of criminal sanctions are in the case of proof because environmental pollution often occurs cumulatively, so it is difficult to prove the sources of pollution, especially those that are chemical. Law enforcement of criminal environment shall be differentiated from dispute settlement efforts using environmental lawsuits to obtain compensation for victims of pollution as a result of lawlessness by pollution, due to their nature. Criminal suits referred to in environmental law enforcement shall be exercised by the authorities if the administrative means of enforcement used are inadequate. Furthermore, Siti Sundari concluded that environmental law enforcement is an effort to achieve compliance with the rules and requirements in general and individual law provisions, through the supervision and application (or threats) of administrative, criminal and civilian instruments. Enforcement of environmental law is also influenced by the functioning of such environmental law in society. Speaking of the functioning of the law in society is usually thought to be directed at the fact whether the law is truly applicable or not in society. When studied more closely, for the law to function within society then the law must fulfill the philosophical, ecological, sociological, and juridical elements. That cause if the law is only valid in the jurisdiction, it is likely that the rule is a rule of death. If only sociologically applies, then the rule of law is only an effective tool, and if the law is only applicable philosophically then it may be just a matter of aspiration [16]. Furthermore, the environmental law really works in society then it should be noted the following factors: 1. The law or regulation itself, as to whether the existing rules are systematical, the hierarchy has no contradiction, has accommodated all interests, and has been in compliance with the formal juridical requirements. 2. The enforcement officer is the extent to which the officer is bound by the existing regulations, to the extent that the officer provides the policy, and whether the authority of the legal officer has been sufficiently defective. 3. Facilities that are expected to support the implementation of the law such as whether legal facilities at all times work, whether the facilities are complete, and whether the damaged facilities have been replaced. 4. Citizens affected by the scope of the regulation such as whether the community knows and understands its rights and obligations, whether the interests of the people are protected, and whether there is legal certainty for the community. 3. CONCLUSIONS & SUGGESTIONS 3.1. Conclusion The arrangement of liability for environmental offenders is regulated in the provisions of Article 116 jo Article 119 of Law Number 32 of 2009 on the Protection and Management of the Environment. Pollution is the change of environmental order by human activities or http://www.iaeme.com/ijciet/index.asp 1091 editor@iaeme.com

Legal Study on the Criminal Liability Offenders of the Environment natural processes, so the quality of the environment decreases to a certain extent that causes the environment not to function properly. The factors that cause environmental pollution by corporations include the high cost of sewage disposal (IPAL), the poor implementation of environmental regulations and the enforcement of environmental laws. Enforcement of environmental law is also influenced by the functioning of such environmental law in society. Speaking of the functioning of the law in society is usually thought to be directed at the fact whether the law is truly applicable or not in society. When studied more closely, for the law to function within society then the law must fulfill the philosophical, ecological, sociological, and juridical elements. This is because if the law is only valid in the jurisdiction, it is likely that the rule is a rule of death. 3.2. Suggestions To law enforcement officers, either the Police, the Attorney's office, the Judiciary, and various environmental-related agencies are advised to always improve their ability by following various pieces of training held by the government or by non-governmental agencies, it will impact on the improvement of law enforcement in the field of environment to a better direction. To a corporation that conducts a business that may endanger the environment, preferably before carrying out its activities, first comply with the provisions of Law Number 32 the Year 2009 on the Protection and Management of the Environment. Both such activities or businesses use hazardous and toxic materials (B3) as well as businesses that do not use harmful and toxic materials (B3). To communities around the establishment of corporations and communities who are vulnerable to the dangers of environmental pollution it is advisable to always respond to the changes that occur in the environment around the place of residence and always grow awareness to always have a clean and healthy environment, because the environment which is clean and healthy is the next environment that will be passed on to our next generation. REFERENCES [1] N.H.T Siahaan, Hukum Lingkungan,Pancuran Alam, Jakarta, 2008 [2] Siswanto Sunarso, Hukum Pidana Lingkungan Hidup dan Strategis Penyelesaian Sengketa, Rineka Cipta, Jakarta, 2005. [3] Tim Penyusun Kamus Pusat Pembinaan dan pengembangan Bahasa, Kamus Besar Bahasa Indonesia, Balai Pustaka, Jakarta 2005 [4] Supriady, Hukum Lingkungan Di Indonesia Sebuah Pengantar, Sinar Grafika, Jakarta, 2008. [5] Koesnadi Hardjasoemantri, Hukum Tata Lingkungan, Gajah Mada University Press, Yogyakarta, 2006. [6] Alvi Syahrin, Berbagai Isu Hukum Lingkungan Kepidanaan, Softmedia, Jakarta, 2009. [7] Hamzah Hatrik, Asas Pertanggungjawaban Korporasi Dalam Hukum Pidana Indonesia, Raja Grafindo Persada, Jakarta 1996. [8] Niniek Suparmi, Pelestarian Pengelolaan Dan Penegakan Hukum Lingkungan, Sinar Grafika, Jakarta, 1994. http://www.iaeme.com/ijciet/index.asp 1092 editor@iaeme.com

Sumarno, Ismaidar, Abdullah Syafi, Dwintoro [9] Muladi dan Dwidja Priyatno, Pertanggungjawaban Pidana Korporasi, Kencana Persada Media Grop, Jakarta, 2010. [10] Chairul Huda, Dari Tiada Pidana Tanpa Kesalahan Menuju Kepada Tiada Pertanggung jawaban Pidana Tanpa Kesalahan, Kencana Perdana Grop, Jakarta 2006. [11] Moeljatno, Asas-Asas Hukum Pidana, Rineka Cipta, Jakarta, 2002, hal 153 [12] Ismaidar, Sumarno. Dwintoro and Abdullah Syafi, Legal Assessment on Criminal Sanctions in Criminal Action of Corruption Based on Justice Values, International Journal of Civil Engineering and Technology, 9(11), 2018, pp. 680 692 http://www.iaeme.com/ijciet/issues.asp?jtype=ijciet&vtype=9&itype=11 [13] Adi Hamzah, Asas-Asas Hukum Pidana, Rineka Cipta, Jakarta 2002, hal 116 [14] Mahmud Mulyadi dan Feri Antoni Surbakti, Politik Hukum Pidana Terhadap Kejahatan Korporasi, Softmedia, Jakarta, 2010, hal 58. [15] Balda Nawawi Arief, Perbandingan Hukum Pidana, Rajawali Press, Jakarta 1990, hal 31 [16] Siti Sundari Rangkuti, Hukum Lingkungan dan Kebijaksanaan Lingkungan Nasional, Air langga University Press, Surabaya, hal.191 [17] Soerjono Soekamto, Kegunaan Sosiologi Hukum Bagi Kalangan Hukum, Alumni, Bandung, 1986, hal. 52 http://www.iaeme.com/ijciet/index.asp 1093 editor@iaeme.com