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All Journal Kajian Hukum
Halilintar Cakra Negara
Fakultas Hukum, Universitas Janabadra, Yogyakarta, Indonesia

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Determining Corporate Mens Rea through Strict Liability and Vicarious Liability in Corporate Crimes Halilintar Cakra Negara; Rahaldy Briwijaya
Kajian Hukum Vol. 11 No. 1 (2026): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2026kh.v11.i1.76

Abstract

This study examines how corporate mens rea can be determined through strict liability and vicarious liability within the context of modern corporate criminal responsibility, with a particular focus on the Indonesian legal system. The research adopts a normative juridical approach, combining conceptual analysis, statutory interpretation, and examination of judicial practice, including the application of PERMA No. 13/2016 and KUHP 2023. The findings show that strict liability constructs corporate mens rea by presuming fault from harmful outcomes or regulatory violations, making it suitable for public-welfare and high-risk regulatory offenses. Meanwhile, vicarious liability attributes the mental state of corporate agents to the corporation, enabling the prosecution of intentional offenses such as corruption, fraud, and financial crime. Indonesia applies both doctrines but in a fragmented and inconsistent manner across sectoral statutes. The absence of harmonization, limited investigative capacity, unclear evidentiary standards for structural fault, and lack of compliance-based defenses undermine effective enforcement. This study concludes that strict liability and vicarious liability should function as complementary mechanisms for establishing corporate mens rea, and that Indonesia requires a more coherent, integrated framework to enhance accountability and align with global developments in corporate criminal law.
Conflict Theory On The Relationship Between Gang Violence And Haitis’s Political Crisis Firman Anshari; Halilintar Cakra Negara; Tomy Hari Saputra; Rahaldy Briwijaya
Kajian Hukum Vol. 11 No. 1 (2026): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2026kh.v11.i1.77

Abstract

This article examines the relationship between gang violence and political crisis in Haiti through the lens of conflict theory. Social, economic, and political inequalities serve as the primary factors driving the emergence and strengthening of gangs, particularly in the context of weak state institutions. Structural injustices create disparities that push marginalized groups to seek alternative sources of power through criminal activities. By analysing Haiti’s political history, this study explores how structural inequalities have exacerbated gang violence and deepened political instability. Furthermore, the role of power actors, both domestic and international, is examined in either reinforcing or mitigating this phenomenon. This study aims to provide a deeper understanding of the nexus between organized crime and chronic political instability, while also proposing policy-based solutions to curb the escalation of violence in Haiti.
Co-Authors Firman Anshari Rahaldy Briwijaya Rahaldy Briwijaya Tomy Hari Saputra