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Bella's Abstract
Bella's Abstract
This research uses descriptive analytical method, which is to describe the facts in
the form of field reality data and analysis using primary, tertiary and secondary
material through the literature. The approach method used is Normative Juridical,
which is a legal research approach or research using analytical methods that are
included in the dogmatic discipline of Legal Studies. The research phase used used
two stages of research, namely Literature Research and Field Research by conducting
interviews with the Palembang City Environment Office, South Sumatra.
Based on the results of research conducted, to find out the qualifications of the
B3 waste disposal mode carried out by industrial factories which cause
environmental pollution in the Musi river in Palembang City, firstly must know that
environmental crimes are formal offenses, ie not all elements must be met and must
not be achieved the goal (Environmental Pollution) can already be said to be an
environmental crime. The qualification for environmental crime offenses committed
by corporations fulfills the elements of Articles 98 and 99 contained in Law Number
32 of 2009 concerning Environmental Protection and Management because in the
case of the author the corporation has been negligent by disposing of the processed
B3 waste directly into the river and exceed the river water quality standards so that
pollution occurs. To determine the perpetrators' mistakes in the Supreme Court
Regulation regarding Procedures for Handling Corporate Criminal Cases No. 13 of
2016 considers that in determining how the system of criminal prosecution of
corporations a judge can assess these errors if the corporation can benefit and benefit
from criminal acts committed in order corporate profit itself. The efforts and solutions
carried out by the Environment and Land Agency of South Sumatra Province in
conducting surveillance and countermeasures are by going directly to the place
where the pollution occurred and holding activities in the form of socialization and
supervision of activities in the form of voluntary awards to particularly industrial and
community businesses.
Keywords: Criminal Act, Corporation, Environment