ABSTRACT
The number of cases of environmental pollution committed by corporations is on the rise in Indonesia. A limited number of offenders were able to be prosecuted and held accountable before the courts, but the courts have found it difficult to measure the extent to which the defendants must be held accountable with regard to the environmental pollution. This research aims to determine actions that cause pollution to the environment and measure the accountability of offenders. To answer these questions, the research employs a normative approach. The study found that there are two types of criminal offenses related to environmental pollution, namely formal and material offenses. In a formal offense, the causation doctrine is not used to determine the relationship between action and consequences. In a material offense, on the other hand, causality is needed to determine the action (or actions) that gives rise to the resultant effect, which in this case is damage to the environment. In examining material offense of environmental pollution, the courts have difficulty in determining the actions that have caused damage to the environment. The causation doctrine is not employed by the courts due to the difficulty of defining the actions that result in the prohibited consequences. Given the situation, this research recommends that the causation doctrine be used as a filter to identify the action that gives rise to the effect. The courts have to keep up with developments in causation doctrines that are relevant in determining the action (actions) that leads to environmental pollution, and to ultimately measure the extent to which the offender is accountable.
