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Corporate Criminal Liability Model in The New Criminal Code: Synchronization of The Identification Theory Doctrine With Absolute Liability Azhar, Ahmad Faizal; Walim, Walim; Sukama, Sukama
Advances In Social Humanities Research Vol. 4 No. 3 (2026): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v4i3.556

Abstract

Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code) has recognized corporations as subjects of criminal law, marking a significant paradigm shift in the Indonesian criminal law system. However, the regulation of corporate criminal liability in the New Criminal Code still shows a lack of synchronization between the adopted identification theory doctrine and the need for the application of strict liability in the context of certain corporate crimes. This study aims to analyze the model of corporate criminal liability in the New Criminal Code and formulate a synchronization framework between identification theory and strict liability. The research method used is normative juridical with a statutory, conceptual, comparative, and case-based approach. The results show that the New Criminal Code adopts an identification theory-based liability model that requires proof of mens rea for corporate managers. However, this model has significant limitations in addressing complex corporate crimes, particularly in the environmental, occupational health and safety, and capital market sectors. This study found that synchronization is needed through three approaches: first, the application of limited strict liability to certain corporate crimes that are regulatory offenses; second, the development of the vicarious liability doctrine as a bridge between identification theory and strict liability; Third, strengthening the evidentiary mechanism through an organizational liability approach that considers corporate culture and failure to prevent. This synchronization aligns with developments in the UK through the Corporate Manslaughter and Corporate Homicide Act 2007, Australia with its Corporate Criminal Responsibility Model, and the Netherlands with its functional perpetrator approach. Implementing the synchronization model requires harmonization of the New Criminal Code with sectoral laws, strengthening the capacity of law enforcement to understand the complexity of corporate organizations, and developing proportionate and effective corporate criminalization guidelines.
Institutional Betrayal: A Structural Analysis of Prostitution Syndicates and the Erosion of Academic Integrity Azhar, Ahmad Faizal; Walim, Walim; Sukama, Sukama
Advances In Social Humanities Research Vol. 4 No. 1 (2026): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v4i1.557

Abstract

The infiltration of prostitution syndicates into the higher education ecosystem represents one of the most serious forms of institutional betrayal that threatens the moral and functional foundations of higher education as a civilized institution. This study analyzes in depth the operational structure of prostitution syndicates operating in and through academic institutions, the mechanisms of erosion of integrity that they cause, as well as the systemic institutional failures that allow this phenomenon to take place. Using a critical criminology approach with a mixed research method of legal document analysis, in-depth interviews with 38 key informants, and secondary data analysis of documented cases in Indonesia for the period 2019-2025, this study found that: Prostitution syndicates operating in the academic environment are not exogenous (from the outside) alone, but are often endogenous in nature, utilizing and being nurtured by the structural weaknesses of the institution itself, The erosion of academic integrity due to the infiltration of prostitution syndicates operates through four mutually reinforcing mechanisms: corruption of power relations, normalization of exploitation, obstruction of access to justice for victims, and destruction of institutional culture, The current institutional response is reactive, sporadic, and does not touch the structural root of the problem. This research offers the Adaptive Institutional Integrity Framework (KIIA) as a comprehensive preventive-transformative policy model.