Criminal Liability of PT Pindo Deli 2 for the Criminal Act of Air Pollution: Based on Law Number 32 of 2009

Abstract

Environmental disputes constitute conflicts that arise due to the occurrence or alleged occurrence of environmental pollution and degradation. One case that has drawn significant public attention is the chlorine gas leakage at PT Pindo Deli 2 facilities in Karawang, West Java, which resulted in severe air pollution and adversely affected public health. This study aims to analyze corporate criminal liability based on Law No. 32 of 2009 concerning Environmental Protection and Management, as well as to examine the criminal sanctions that may be imposed on PT Pindo Deli 2 from the perspective of environmental law. The research employs a normative juridical method using a statutory approach and a conceptual approach. The collected legal materials were then analyzed qualitatively. The findings indicate that a corporation may be held criminally liable as regulated under Article 99 paragraph (2) in conjunction with Article 116 of Law No. 32 of 2009. The repeated chlorine gas leaks caused by PT Pindo Deli 2’s industrial activities fulfill the elements of an environmental pollution offense, thereby allowing the corporation to be subjected to criminal sanctions with a maximum penalty of three years’ imprisonment. The application of the principle of strict liability enables law enforcement without the need to prove fault, while the principle of vicarious liability provides the basis for holding corporate executives or those issuing orders accountable. This study underscores the importance of effective environmental law enforcement to ensure corporate accountability and to prevent the recurrence of similar cases.