Bankruptcy Application by Prosecutor on The Basis of Public Interest as Result of Environmental Destruction Sanction

DOI

10.2991/978-2-38476-180-7_50How to use a DOI?

Keywords

Environmental Destruction; Sanctions; Bankruptcy

Abstract

Environment has a crucial role for living things. Law No.32 of 2009 has ruled various sanctions toward the environmental pollution. Yet, its effectiveness still remains questionable. This paper analyses the applicable sanctions for environment destructions in Indonesia and the possibility for the prosecutor to file for bankruptcy as consequence of damaging the environment to restore back the environment. In order to answer the questions, the writer used normative research method. The results found that for individual, the punishment for polluting the environment could be in the form of imprisonment and fine. Meanwhile for corporations, there are two possibility whether to punish the corporations itself in the form of fine or punish its representatives in the form of imprisonment and fine. For individual and representative of the corporations, the fine can be substituted into confinement. These provisions will obstruct the aim to restore back the damaged environment. As alternative, the authority given to prosecutors to file for bankruptcy on the basis of public trust can be utilized. The wide interpretation of public trust in Bankruptcy Law left possibility for the environmental pollution and destruction to be classified as one as it has massive impact toward the society and nation. This alternative will contribute more to the restoration and reparation of damaged environment should the payment is received instead of imprison or confine the convicts.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Fadilla Jamila
AU  - Melantik Rompegading
PY  - 2023
DA  - 2023/12/31
TI  - Bankruptcy Application by Prosecutor on The Basis of Public Interest as Result of Environmental Destruction Sanction
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 458
EP  - 465
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_50
DO  - 10.2991/978-2-38476-180-7_50
ID  - Jamila2023
ER  -