Proceedings of the International Conference on Law Studies (INCOLS 2022)

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Questioning the Sentencing Aspects of the Environmental Cluster in the Employment Law on the Direction of Sustainable Development

Authors
Rizki Zakariya1, *
1Corruption Eradication Commission of the Republic of Indonesia, Jakarta, Indonesia
*Corresponding author. Email: rizkizakariya5@gmail.com
Corresponding Author
Rizki Zakariya
Available Online 9 December 2022.
DOI
10.2991/978-2-494069-23-7_19How to use a DOI?
Keywords
Criminalization; Environmental Clusters; Job Creation Laws; Sustainable Development
Abstract

The promulgation of Law Number 11 of 2020 concerning Job Creation has caused various problems, especially related to criminal acts in environmental clusters. This has implications for the potential for not achieving sustainable development as proclaimed in Presidential Regulation Number 59 of 2017. The results of this study indicate that the problems of criminalizing environmental clusters in the Job Creation Law include suboptimal environmental criminal law enforcement, overlapping penalties, threats of disproportionate punishment, obscuring absolute liability norms, and corporate crime. This has the potential to reduce the compliance of business actors and environmental protection because there is no deterrent effect for environmental criminals and the general public. Therefore, it is necessary to make efforts to strengthen the direction of sustainable development in punishment, including by optimizing environmental criminal law enforcement, revising the Job Creation Law by changing or removing problematic articles, and strengthening environmental supervision.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Law Studies (INCOLS 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
9 December 2022
ISBN
10.2991/978-2-494069-23-7_19
ISSN
2352-5398
DOI
10.2991/978-2-494069-23-7_19How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Rizki Zakariya
PY  - 2022
DA  - 2022/12/09
TI  - Questioning the Sentencing Aspects of the Environmental Cluster in the Employment Law on the Direction of Sustainable Development
BT  - Proceedings of the International Conference on Law Studies (INCOLS 2022)
PB  - Atlantis Press
SP  - 191
EP  - 204
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-23-7_19
DO  - 10.2991/978-2-494069-23-7_19
ID  - Zakariya2022
ER  -