KEABSAHAN PENETAPAN TERSANGKA PENGURUS KORPORASI DALAM TINDAK PIDANA LINGKUNGAN HIDUP (STUDI PUTUSAN NOMOR 18/PID.PRA/2024/PN.SRG)
Keywords:
Suspect Designation, Corporate Management, Pretrial Review, Criminal Liability, Environmental Crime.Abstract
The designation of corporate executives as suspects in environmental crime cases has generated significant legal uncertainty regarding the boundaries between individual and corporate criminal liability. This issue has become increasingly important due to inconsistent judicial interpretations in determining the legal validity of suspect designation against corporate management. This study aims to analyze the legal validity of the suspect designation of corporate executives, examine the judicial reasoning in Decision Number 18/Pid.Pra/2024/PN.Srg, and assess its legal implications for the investigation of environmental crimes. This research employs normative legal research using statutory and case approaches supported by primary and secondary legal materials. The findings reveal that the court's reasoning in declaring the suspect designation unlawful raises unresolved juridical issues concerning the assessment of the minimum evidentiary requirement and the interpretation of corporate management under Supreme Court Regulation Number 13 of 2016. The study further concludes that the annulment of the suspect designation does not automatically terminate the investigation but requires investigators to establish a stronger causal nexus between the authority exercised by corporate management and the commission of environmental crimes in accordance with Article 116 of Law Number 32 of 2009, thereby ensuring legal certainty and consistency in the application of corporate criminal liability.
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