Analisis Pertanggungjawaban Pidana Korporasi atas Pencemaran Radioaktif Cesium-137

Efektivitas Pengaturan Hukum pada Kasus PT Peter Metal Technology di Kawasan Industri Modern Cikande Kabupaten Serang

Abstract

Radioactive contamination involving Cesium-137 in the Modern Cikande Industrial Area, Serang Regency, raises significant legal issues concerning corporate criminal liability and law enforcement against high-risk industrial activities. This study aims to examine the legal basis for imposing criminal liability on PT Peter Metal Technology and to identify the obstacles to enforcing corporate criminal liability in the case. This normative juridical study employs statutory, conceptual, and case approaches. Legal materials were analyzed qualitatively using a descriptive-analytical method. The findings demonstrate that PT Peter Metal Technology may be subject to corporate criminal liability where legally admissible evidence establishes a causal nexus between its business activities and the Cesium-137 contamination. Article 88 and Article 116 of Law Number 32 of 2009 provide the principal legal basis for examining strict liability and corporate criminal liability, while Articles 45 and 46 of Law Number 1 of 2023 reinforce the legal status of corporations as subjects of criminal offenses and provide a basis for attributing acts committed by persons holding functional positions within a corporation. Nevertheless, law enforcement faces substantial obstacles, particularly in establishing causation, attributing individual conduct to the corporation, translating scientific findings into admissible criminal evidence, harmonizing applicable legal regimes, and coordinating relevant authorities.