Corporate Criminal Sanctions in the Crime of Forest Destruction with a Restorative Justice Approach

DOI

10.2991/assehr.k.211014.026How to use a DOI?

Keywords

Corporation, Sanctions, Restorative Justice

Abstract

Forests are national treasures that must be protected by anyone without exception. Today many forests are reduced due to destruction by humans and corporations. This study examines the Corporate Criminal Sanctions in the Crime of Forest Destruction with a Restorative Justice Approach. The legal issues in the research are, first, what are the sanctions for corporations that are currently destroying forests and second how to punish corporations in the crime of forest destruction with a restorative justice approach as an optimization effort to restore forest conditions. The method used is a normative juridical research method, namely research on legal principles using secondary data. While the data analysis method used is a qualitative method and the data collection tool used is the study of documents. The result of this study, first, Sanctions for corporations that commit crimes against forest destruction currently consist of criminal sanctions and administrative sanctions. Criminal sanctions include imprisonment, fines, and additional penalties, namely replacement money. Meanwhile, the administrative sanctions as stipulated in Law Number 11 of 2020 concerning Job Creation are regulated as follows: a. written warning; b. government coercion; c. administrative fines; d. freezing of Business Licensing; and f or e. revocation of Business License. Second, Sentencing with the concept of restorative justice needs to be considered in the future, this is to evaluate the weaknesses of the retributive justice approach. Restorative justice focuses on how a criminal liability can provide a solution for forest restoration and compensation to the state.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Agus Suciptoroso
AU  - Andi Muhammad Sofyan
AU  - Winner Sitorus
AU  - Kahar Lahae
PY  - 2021
DA  - 2021/10/16
TI  - Corporate Criminal Sanctions in the Crime of Forest Destruction with a Restorative Justice Approach
BT  - Proceedings of the International Conference on Environmental and Energy Policy (ICEEP 2021)
PB  - Atlantis Press
SP  - 115
EP  - 119
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211014.026
DO  - 10.2991/assehr.k.211014.026
ID  - Suciptoroso2021
ER  -