Environmental Criminal Responsibility for Mining Corporation Through the Ultimum Remedium Principle
- DOI
- 10.2991/assehr.k.200306.179How to use a DOI?
- Keywords
- responsibility, criminal, environmental
- Abstract
Mining crimes on the development of environmental law issues in Indonesia are not only carried out by individuals but also by corporations. The violations committed by mining corporations are a violation of criminal law. Company management related must be responsible for the violations that occurred. Thus, the principle of ultimum remedium is very important for the enforcement of criminal law in environmental issues. The main problems in this research study are how the corporation’s responsibility towards environmental criminal law violations and the application of the principle of ultimum remedium in the enforcement of environmental criminal law. The research method used was normative juridical and descriptive-analytical. The results of the study show that the applications of the principle of ultimum remedium in mining criminal law are not implemented following the applicable laws and regulations. The law No. 4 of 2009 regarding Minerals and Coal states that the environmental law enforcement violations must be settled through administrative law first, before being settled in criminal law as an embodiment of the ultimum remedium principle.
- Copyright
- © 2020, 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/).
Cite this article
TY - CONF AU - A Firdaus AU - Suhaidi AU - Sunarmi AU - Jelly Leviza PY - 2020 DA - 2020/03/13 TI - Environmental Criminal Responsibility for Mining Corporation Through the Ultimum Remedium Principle BT - Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019) PB - Atlantis Press SP - 48 EP - 50 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.200306.179 DO - 10.2991/assehr.k.200306.179 ID - Firdaus2020 ER -