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SAVING INDONESIA^S FORESTS THROUGH THE VICARIOUS LIABILITY DOCTRINE AGAINST THE CORPORATE CRIMES OF ILLEGAL LOGGING
Kuswandi, Eri Ramanda Ikmayadi

Faculty of Law, Suryakancana University


Abstract

As the world^s lungs, forests have provided foreign exchange to the country^s second-largest income after the non-oil and gas sector. For this reason, it needs more efforts to protect and save forests with all their potential. Government policy restricting, controlling, and regulating the issue are the Law No. 18 of 2013. The enforcement of the law aims to prevent and eradicate forest destruction. The existence of the phenomenon of corporate crimes requires further study to investigate the corporate efforts to account for crimes. For this reason, it needs clear regulations concerning the liability of illegal logging corporate crimes in Indonesia, enforcement aspects of the theory of vicarious liability in illegal logging corporate crimes, and the impact of using vicarious liability in illegal logging corporate crimes. In this study, the problem approach used was a normative juridical approach based on legal principles in the library or secondary data. The results indicate that corporations can be criminally responsible for illegal logging crimes. Several theories, such as vicarious liability and strict liability theories are applied to hold corporate accountability and imposition criminal sanctions on the crimes.

Keywords: Illegal Logging, Corporations, Vicarious Liability. Strict liability

Topic: International Law

Plain Format | Corresponding Author (KUSWANDI KUSWANDI)

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