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All Journal Jurnal Ilmiah Hukum dan Dinamika Masyarakat UNTAG Law Review
Tri Sandi
Universitas Pembangunan Panca Budi, Medan, Sumatera Utara, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice

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Legal Analysis of Criminal Liability of Directors and Commissioners in Corporate Crimes Tri Sandi; Zefri Ansari; Peter Valentino Munthe; Sumarno Sumarno; Suci Ramadani
UNTAG Law Review Vol 10, No 1 (2026): Legal Review of the Authority of State Attorneys in State Administrative Cases
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v10i1.7155

Abstract

ABSTRACT This study examines the role of directors and commissioners in corporate crimes from the perspective of criminal liability based on developments in national criminal law. The enactment of Law Number 1 of 2023 concerning the Criminal Code brought about important changes because corporations are expressly recognized as subjects of criminal offenses as regulated in Article 45. Articles 46 through 49 expand the scope of perpetrators, the criteria for corporate crimes, and the parties who can be held accountable, including managers, those who give orders, those who control, and beneficial owners. This study uses a normative legal research method with both a statutory and conceptual approach. The results indicate that directors hold a strategic position in corporate crimes because they carry out the functions of managing, making decisions, and controlling the company's operations. Meanwhile, commissioners have a supervisory and advisory function to directors, so they can be held accountable if there is negligence, approval, serious negligence, or factual control over criminal acts committed by corporations. From a criminal law perspective, the accountability of directors and commissioners cannot be based solely on formal positions, but must be proven through the relationship between authority, errors, actions, corporate profits, corporate policies, and failure to implement preventative measures and comply with the law. This research confirms that the theories of identification, vicarious liability, organizational culpability, and piercing the corporate veil can be used to understand the human involvement behind corporations. Therefore, corporate criminal liability must be balanced, namely by not allowing corporations to become a shield for crime, but also by not criminalizing directors and commissioners without a clear basis for culpability.
Penerapan Kebijakan Kriminal Terpadu Sebagai Upaya Penanggulangan Tindak Pidana Terorisme Di Indonesia Tri Sandi; Zefri Ansari; Peter Valentino Munthe; Sumarno Sumarno; Suci Ramadani
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 24, No 1 (2026): Hukum dan Isu Sosial Masyarakat
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/hdm.v24i1.7154

Abstract

ABSTRACT This study examines efforts to combat terrorism in Indonesia from a criminal law perspective. Terrorism is a crime with special characteristics because it not only attacks individual victims but also threatens the sense of security of the community, public order, state stability, and humanitarian values. This study uses a normative legal research method with a statutory and conceptual approach. The main legal materials used include Law Number 5 of 2018, Law Number 15 of 2003, Government Regulation Number 77 of 2019, Presidential Regulation Number 7 of 2021, and BNPT Regulation Number 1 of 2025. The results show that countering terrorism in Indonesian criminal law is carried out through two approaches: penal and non-penal policies. Penal policies are implemented through the criminalization of acts of terrorism, the expansion of criminal liability for perpetrators, networks, financiers, organizations, and corporations, and the implementation of special criminal procedural law. Meanwhile, non-penal policies are implemented through national preparedness, counter-radicalization, deradicalization, victim protection, protection of law enforcement officers, and cross-agency coordination. This research confirms that criminal law in terrorism cases functions as a means of protecting society and, to some extent, acts as a primum remedium. However, its use must remain constrained by the principles of legality, proportionality, human rights protection, prudence, and due process of law. Therefore, the ideal counterterrorism approach is an integrated criminal policy model that combines the firmness of criminal law with humane, measurable, and rule-of-law social deterrence.
Co-Authors Peter Valentino Munthe Suci Ramadani Sumarno Sumarno Zefri Ansari