PERTANGGUNGJAWABAN KORPORASI ATAS PENGELOLAAN LIMBAH B3 TANPA IZIN PASCA UU CIPTA KERJA 2023

Abstract

Hazardous and Toxic waste management is a crucial issue in environmental law. The enactment of Law Number 6 of 2023 brought about a shift from criminal sanctions to administrative sanctions for violations of unlicensed hazardous and toxic waste management. This study aims to analyze the rationale for this shift in the focus of law enforcement and to examine the forms of corporate accountability in unlicensed hazardous and toxic waste management after the enactment of the law. The research method used is normative legal research with a statutory and conceptual approach. The analysis technique is descriptive-analytical by examining laws and regulations, legal doctrine, and corporate accountability theory. The results show that the change in law enforcement orientation is driven by deregulation policies and a risk-based approach that places administrative sanctions as the primary instrument while criminal sanctions serve as the ultimum remedium. The form of corporate accountability emphasizes administrative sanctions in the form of fines, government coercion, suspension, and revocation of permits, while still opening up criminal accountability. This study concludes that although the administrative approach provides regulatory flexibility, strengthened oversight and consistent law enforcement are still necessary to ensure environmental protection.

Keywords: Corporate Liability, Hazardous and Toxic Waste, Administrative Sanctions, Environmental Law, Job Creation Law.