Corporate Criminal Liability for Environmental Crimes According to Company Culture Theory

The current concept of corporations involves treating their wealth, rights, obligations, and specific interests or goals as separate from the individuals who manage and operate these legal entities. Criminal responsibility for actions committed by corporations is assigned to both the corporations themselves and their managers through the lens of company culture theory. The challenge lies in understanding how the application of company culture theory influences the criminal liability of corporations, particularly in cases of environmental crimes, as reflected in court decisions. This study reveals that when assessing criminal liability based on company culture theory, corporations are viewed as real entities accountable for their own mistakes. These mistakes may arise from corporate procedures, policies, or practices that are generally accepted within the organization. For example, in the Decision of the District Court No. 349/Pid.B/LH2019/PN PLW, the judge considered the failure of PT. SSS to comply with its company culture. This non-compliance refers to practices that are typically accepted and implemented within its business operations.