The Concept of Restorative Justice as an Alternative for Resolving Environmental Crimes Involving Corporations

Abstract

The business of utilizing Natural Resources cannot be separated from the existence of corporations as executors of utilization in addition to the existence of the state or government as regulators or policy makers. It cannot be denied that corporations are the main actors in utilizing natural resources as a gift to the Indonesian nation which will later be used for the benefit of many people. Corporations have the task of extracting natural resources into a form of income that is easy to enjoy. Damage resulting from the use of natural resources also involves corporations, giving rise to the opinion that corporations have benefits in the use of natural resources, however, corporations also play a role in environmental damage as an excess of the use of natural resources. The research method used is a normative juridical research method, namely research carried out by compiling legal materials. This research uses a legislative approach which is carried out by studying statutory regulations and statutory provisions, especially those that regulate the concept of restorative justice as an alternative resolution for environmental crimes involving corporations. The results of the research conclude that criminal liability for corporations that commit environmental crimes can be implemented based on the doctrine of corporate responsibility, namely: the doctrine of identification, vicarious liability and strict liability as well as regulating criminal liability for business entities as corporations together with their management and the concept of restorative justice and models. -The model in it offers an alternative form of law enforcement against environmental crimes that is different from the formal justice system. Restorative justice focuses more on efforts to restore victims and the detrimental impacts that arise as a result of environmental crimes through interactional efforts between parties, namely the perpetrator, victims and the community.