Author(s): Benone J. Louhenapessy, Salampak, Mohammad Hadin Muhjad, Heriamariaty
The assessment of corporate errors is very important as a basis for imposing criminal liability on the corporation. Banjarmasin District Court Decision Number: 251 / Pid.B / LH / 2020 / PN Bjm and Decision Palangkaraya District Court number: 109 / Pid.B / LH. / 2020 / PN Plk, reviews the causal error assessment (mens rea) which is dominated in the time frame before the occurrence of forest and / or land / karhutla fires. As a result, the judge handed down a crime under the negligence article, even though evidence of an obligation mandated by law and not committing an act that could cause consequences prohibited by law actually occurred, so that the punishment was minimal. This contribution attempts to answer the question of why the two decisions in qasu a qua reviewing causal error assessments should focus on the time frame before the occurrence of karhutla / actus reus. It is observed that the assessment of causal errors in determining the intentionality of the corporation can actually be done before, during and after the forest and land fires occur. This paper recommends a reorientation of corporate error assessment through a time frame scheme before, during and after forest and land fires occur. In particular, this paper criticizes the limitations of forest and land fire control regulations, as a company reactive obligation that can actually describe the intentions, policies, structures and corporate culture in the handling of forest and land fires.