Questioning the Sentencing Aspects of the Environmental Cluster in the Employment Law on the Direction of Sustainable Development
- DOI
- 10.2991/978-2-494069-23-7_19How to use a DOI?
- Keywords
- Criminalization; Environmental Clusters; Job Creation Laws; Sustainable Development
- Abstract
The promulgation of Law Number 11 of 2020 concerning Job Creation has caused various problems, especially related to criminal acts in environmental clusters. This has implications for the potential for not achieving sustainable development as proclaimed in Presidential Regulation Number 59 of 2017. The results of this study indicate that the problems of criminalizing environmental clusters in the Job Creation Law include suboptimal environmental criminal law enforcement, overlapping penalties, threats of disproportionate punishment, obscuring absolute liability norms, and corporate crime. This has the potential to reduce the compliance of business actors and environmental protection because there is no deterrent effect for environmental criminals and the general public. Therefore, it is necessary to make efforts to strengthen the direction of sustainable development in punishment, including by optimizing environmental criminal law enforcement, revising the Job Creation Law by changing or removing problematic articles, and strengthening environmental supervision.
- 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
TY - CONF AU - Rizki Zakariya PY - 2022 DA - 2022/12/09 TI - Questioning the Sentencing Aspects of the Environmental Cluster in the Employment Law on the Direction of Sustainable Development BT - Proceedings of the International Conference on Law Studies (INCOLS 2022) PB - Atlantis Press SP - 191 EP - 204 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-494069-23-7_19 DO - 10.2991/978-2-494069-23-7_19 ID - Zakariya2022 ER -