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All Journal Journal of Law, Poliitic and Humanities
Binsar Manogu Tua
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Reform of Corporate Criminal Liability Model in the National Criminal Code Herlina Manullang; Martono Anggusti; Debora; Binsar Manogu Tua
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1089

Abstract

The National Criminal Code's Criminal Law Reform governs criminal offences perpetrated by, for, and on behalf of the Corporation. Concerning Article 48 of the National Criminal Code, the framework of corporate criminal liability has embraced three models: the Corporation as maker and responsible entity, management as maker and responsible party, and the Corporation as both maker and accountable entity. Simultaneously, imposing fines, supplementary punishments, and sanctions within the National Criminal Code exemplifies utilitarian philosophy, integrating distributive and commutative justice. The practical perspective assesses punishment based on its advantages or utility; in this instance, the punishment aims to deter corporations from engaging in similar actions in the future
Co-Authors Debora Herlina Manullang Martono Anggusti