Reformulation of Corporate Criminal Sanction in the Mining Business Activities

DOI

10.2991/iceml-18.2018.31How to use a DOI?

Keywords

reformulation, corporate criminal sanctions, mining business

Abstract

This paper aims to analyze how the regulation of corporate criminal sanctions in the current mining sector. This is because corporate criminal sanctions in the mining sector are regulated in various laws differently. In addition, it will also be analyzed how the current corporate criminal sanctions have functional relationships in preventing recurrence of non-criminal acts by actors in mining business activities. From the results of the study, it was found that; First, corporate criminal sanctions in the field of mining other than those stipulated in laws that specifically regulate mining business such as mineral and coal mining laws, and oil and gas law, are also regulated in laws relating to business mining such as the law on protection and environmental management, the law on forestry, and laws on the prevention and eradication of forest destruction. Secondly, the current corporate criminal sanctions have not functioned optimally to prevent a repeat of the corporation's non-criminal mines. Thus, it still allows the perpetrators of corporate crime to repeat their actions. For that reason, it is necessary to formulate a corporate criminal sanction policy in the mining sector that serves to prevent the perpetrators from repeating their actions. The formulation policy is carried out by maximizing criminal sanctions already existing in the Criminal Code, by adding additional criminal sanctions in the form of revocation of certain rights as regulated in Article 10 letter a 1e and Article 35 paragraph 1 6e of the Criminal Code, on the right to run a certain livelihood, with a prohibition for the perpetrator of a corporate crime to not become a shareholder, a manager, or a party engaged in a corporation engaged in a mining business within a certain period of time.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Idris Wasahua
PY  - 2018/09
DA  - 2018/09
TI  - Reformulation of Corporate Criminal Sanction in the Mining Business Activities
BT  - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
PB  - Atlantis Press
SP  - 133
EP  - 135
SN  - 2352-5428
UR  - https://doi.org/10.2991/iceml-18.2018.31
DO  - 10.2991/iceml-18.2018.31
ID  - Wasahua2018/09
ER  -