Putusan Pemidanaan sebagai Pengganti Denda Yang Tidak Dibayar oleh Korporasi dalam Tindak Pidana Lingkungan Hidup

Abstract

The aims of this research are to study the types of punishment decided by the court as substitution to fine punishment which is not paid by corporation in environmental crime and to study the ideal type of decided by the court as substitution to fine punishment which is not paid by corporation in environmental crime. The kind of this research is normative legal research by using case approach which results are presented as descriptive analysis. From the results of the research it can be inferred that there are three types of punishment decided by the court as substitution to fine punishment which is not paid by corporation in environmental crime. Firstly : only fine punishment without imposing other alternative punishment, secondly : giving other alternative punishment, confinement to the person representing the corporation before the court, and thirdly : seizure of the corporation’s assets. In the seizure of the corporation’s assets there are verdicts which do not determine the time limit and procedure of the execution and there are also verdicts which determine the limit and procedure of the execution. From the three types of punishment, the seizure of the corporation’s assets which determine the time limit and procedure of the execution is the ideal types of punishment to be decided by the court as substitution to fine punishment which is not paid by corporation in environmental crime and in case the corporation’s assets are not sufficient to pay the fine punishment, then the public prosecutor may close or dissolve the corporation. Keywords: Implementation of Principle of Harmony, Land Procurement, Public Interest