Problematika Pemaknaan Sanksi Perbaikan Akibat Tindak Pidana dan Reformulasi Pidana Tambahan Korporasi pada Kejahatan Lingkungan

Abstract

The research aims to examine the problem of vague norms concerning additional criminal sanctions for corporations under Article 119 letter c of Law Number 32 of 2009 on Environmental Protection and Management, which has resulted in inconsistent court decisions, thereby undermining legal certainty and impeding the restoration of environments damaged by criminal acts. This study employs a normative legal research methodology. The findings of this study reveal that the provisions of Article 119 letter c suffer from weaknesses in their legal construction, owing to the absence of clear parameters and regulatory mechanisms governing remedial sanction implementation following criminal acts. Therefore, in order to minimize these shortcomings, a reformulation of the sanctioning norms applicable to criminal acts is necessary, alongside the introduction of an innovation in the form of standardization through the integration of restorative execution mechanisms.