CORPORATE CRIMES AGAINST NATURE: RETHINKING STRICT LIABILITY IN INDONESIAN ENVIRONMENTAL LAW

Abstract

This essay explores the issue of corporate liability in environmental degradation within the Indonesian legal framework, focusing on the application of strict liability as regulated in Law No. 32 of 2009. Although corporations are among the main contributors to environmental damage, legal enforcement remains weak and often ineffective. The concept of strict liability is essential to ensure accountability without the need to prove fault or negligence, yet its current implementation is limited to civil liability. This essay argues that expanding the use of strict liability to include criminal responsibility is necessary to deter environmental violations by corporations. It also highlights procedural obstacles, such as the lengthy judicial process and the imbalance in evidentiary burdens. The essay calls for legal reform, effective enforcement, and increased public involvement to strengthen environmental governance and ensure corporate accountability for environmental harm.