CORPORATE CRIME PREVENTION STRATEGY IN THE MINING AND ENERGY SECTOR THROUGH ENVIRONMENTAL CRIMINAL LAW POLICY

Abstract

This study aims to analyze the effectiveness of current environmental criminal law policies in preventing corporate crimes within the crucial mining and energy sectors and to formulate an ideal, integrated criminal law policy for a robust prevention strategy. This research employs a normative legal method, utilizing statutory, conceptual, and comparative approaches. Legal materials were analyzed through qualitative synthesis and interpretation to identify regulatory gaps and weaknesses in enforcement. The findings indicate that existing criminal law policies, while providing the basis for corporate liability, face significant challenges related to the complexity of corporate structure, difficulties in proving criminal intent, and the current enforcement priorities, leading to inadequate deterrence. The study proposes that an effective corporate crime prevention strategy requires shifting from a purely repressive approach to a proactive, integral policy. This includes incorporating restorative justice mechanisms and mandatory environmental compliance programs into criminal sentencing frameworks. The formulated policy strategy offers a concrete model for law enforcement and policymakers to enhance corporate accountability, minimize environmental damage from the extractive industries, and significantly improve the application of criminal law to achieve sustainable environmental protection goals.