Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)

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Saving Indonesia’s Forests Through the Vicarious Liability Doctrine Against the Corporate Crimes of Illegal Logging

Authors
Kuswandi Kuswandi1, *, Eri Ramanda Ikmayadi1
1Faculty of Law, Universitas Suryakancana, Cianjur, Indonesia
*Corresponding author. Email: kuswandi@unsur.ac.id
Corresponding Author
Kuswandi Kuswandi
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_99How to use a DOI?
Keywords
Illegal Logging; Corporations; Vicarious Liability; Strict liability
Abstract

As the world’s lungs, forests have provided foreign exchange to the country’s second-largest income after the non-oil and gas sector. For this reason, it needs more efforts to protect and save forests with all their potential. Government policy restricting, controlling, and regulating the issue are the Law No. 18 of 2013. The enforcement of the law aims to prevent and eradicate forest destruction. The existence of the phenomenon of corporate crimes requires further study to investigate the corporate efforts to account for crimes. For this reason, it needs clear regulations concerning the liability of illegal logging corporate crimes in Indonesia, enforcement aspects of the theory of vicarious liability in illegal logging corporate crimes, and the impact of using vicarious liability in illegal logging corporate crimes. In this study, the problem approach used was a normative juridical approach based on legal principles in the library or secondary data. The results indicate that corporations can be criminally responsible for illegal logging crimes. Several theories, such as vicarious liability and strict liability theories are applied to hold corporate accountability and imposition criminal sanctions on the crimes.

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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Volume Title
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2023
ISBN
10.2991/978-2-38476-180-7_99
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_99How to use a DOI?
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.

Cite this article

risenwbib
TY  - CONF
AU  - Kuswandi Kuswandi
AU  - Eri Ramanda Ikmayadi
PY  - 2023
DA  - 2023/12/31
TI  - Saving Indonesia’s Forests Through the Vicarious Liability Doctrine Against the Corporate Crimes of Illegal Logging
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 970
EP  - 976
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_99
DO  - 10.2991/978-2-38476-180-7_99
ID  - Kuswandi2023
ER  -