Application of the Vicarious Liability Principles in Environmental Crime

摘要

Environmental crime is one of the criminal acts that may lead to significant negative impact and/or damage to human sustainability. Therefore, in criminal law, criminal acts related to the environment needs to be specifically regulated. The regulation can exist outside or comes in different form from the Criminal Code. The application of the vicarious liability principle include but not limited to the subject of criminal acts and criminal liability. The study aim to analyze the primary reason for the application of the vicarious liability, whether the application of the vicarious liability is appropriate and the formulation of sanctions for perpetrators in environmental crime. The method used is normative juridical with descriptive specifications and qualitative analysis. The primary reason to apply the doctrine of vicarius liability so that not only individual person that can be a subject to criminal sanctions but also to include corporations, thus this doctrine appropriate to be applied in environmental crime. The formulation of the regulation that offer application of sanctions in law No. 32 of 2009 on protection and management of the environment is to apply the doctrines of strick liabilty with vicariuos liabilty simultaneously and doctrine of premum remidium so as to provide a deterrent effect for the perpetrators.