Legal Analysis of Corporate Criminal Liability in Oil and Gas Sector Crimes in Indonesia

This research explores corporate criminal liability in the context of crimes committed within Indonesia's oil and gas sector. In the framework of modern criminal law, corporations are increasingly recognized as legal subjects that can bear criminal responsibility, particularly in cases related to economic crimes, environmental violations, and corruption. Given the oil and gas sector’s strategic significance and high economic value, it is especially vulnerable to legal violations committed by corporate entities. The research adopts a normative juridical method, utilizing statutory, conceptual, and case study approaches to analyze the current state of legal accountability mechanisms. The findings indicate that corporate criminal liability in the oil and gas sector is not explicitly regulated under Indonesia’s Oil and Gas Law, resulting in significant legal gaps that hinder effective enforcement. Although several laws—such as the Anti-Corruption Law, the Environmental Protection and Management Law, and Supreme Court Regulation (PERMA) No. 13 of 2016—provide a basis for prosecuting corporations, their specific application within the oil and gas sector remains limited. This limited application is attributed to several challenges, including technical difficulties in proving corporate guilt, limited investigative capacity and resources among law enforcement authorities, and the disproportionate influence and economic dominance of oil and gas corporations in regulatory and judicial processes. To address these challenges, the research emphasizes the urgent need for reformulating the legal framework governing corporate liability in the oil and gas industry. This includes incorporating explicit corporate criminal liability provisions into sector-specific laws, strengthening institutional enforcement capacity, and applying legal doctrines such as corporate culture theory and strict liability. These efforts aim to ensure that corporations in the oil and gas sector can be held accountable for criminal actions, promote legal certainty, and uphold environmental and economic justice in Indonesia.

Authors

Institutions

Publication Details

Journal
JURNAL RISET RUMPUN ILMU SOSIAL POLITIK DAN HUMANIORA
Published
2024-10-30
DOI
https://doi.org/10.55606/jurrish.v3i3.6405
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Legal Analysis of Corporate Criminal Liability in Oil and Gas Sector Crimes in Indonesia

Yasmirah Mandasari Saragih, Eben Heser Tarigan
JURNAL RISET RUMPUN ILMU SOSIAL POLITIK DAN HUMANIORA
Indonesian Legal and Regulatory Studies
article

Legal Analysis of Corporate Criminal Liability in Oil and Gas Sector Crimes in Indonesia

Yasmirah Mandasari Saragih, Eben Heser Tarigan
article en

Abstract

This research explores corporate criminal liability in the context of crimes committed within Indonesia's oil and gas sector. In the framework of modern criminal law, corporations are increasingly recognized as legal subjects that can bear criminal responsibility, particularly in cases related to economic crimes, environmental violations, and corruption. Given the oil and gas sector’s strategic significance and high economic value, it is especially vulnerable to legal violations committed by corporate entities. The research adopts a normative juridical method, utilizing statutory, conceptual, and case study approaches to analyze the current state of legal accountability mechanisms. The findings indicate that corporate criminal liability in the oil and gas sector is not explicitly regulated under Indonesia’s Oil and Gas Law, resulting in significant legal gaps that hinder effective enforcement. Although several laws—such as the Anti-Corruption Law, the Environmental Protection and Management Law, and Supreme Court Regulation (PERMA) No. 13 of 2016—provide a basis for prosecuting corporations, their specific application within the oil and gas sector remains limited. This limited application is attributed to several challenges, including technical difficulties in proving corporate guilt, limited investigative capacity and resources among law enforcement authorities, and the disproportionate influence and economic dominance of oil and gas corporations in regulatory and judicial processes. To address these challenges, the research emphasizes the urgent need for reformulating the legal framework governing corporate liability in the oil and gas industry. This includes incorporating explicit corporate criminal liability provisions into sector-specific laws, strengthening institutional enforcement capacity, and applying legal doctrines such as corporate culture theory and strict liability. These efforts aim to ensure that corporations in the oil and gas sector can be held accountable for criminal actions, promote legal certainty, and uphold environmental and economic justice in Indonesia.

JURNAL RISET RUMPUN ILMU SOSIAL POLITIK DAN HUMANIORAVol. 3(3)
Universitas Pembangunan Panca Budi Medan (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 50%
Indonesian Legal and Regulatory Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.