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A Comparative Study of Corporate Criminal Liability Systems in Indonesia and the United States Ismaidar Ismaidar; Azhar AR; Servasius Edwin Telaumbanua; Rudi Salam Tarigan; Ansori Maulana; Restika Ndruru; Zeno Eronu Zalukhu; Lasma Sinambela; Haris Putra Utama Limbong; Elisabeth Saragih; Robby Yusuf S Sembiring; Mus Mulyadi; Zahrana Syavica; Tengku Muhammad Reza Fikri Dharmawan; Muhammad Faiz Hadi; Ibrahim Ibrahim; Erwin Efendi Rangkuti; T. Ikhsan Ansyari Husny; Netty br Siahaan; Andi Gultom; Yoldy Israq; Putriani Nduru; Yulia Christy Shintara Aruan; Christine Natalia Pangaribuan
Mutiara : Jurnal Penelitian dan Karya Ilmiah Vol. 3 No. 3 (2025): Juni : Mutiara : Jurnal Penelitian dan Karya Ilmiah
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mutiara.v3i3.2268

Abstract

Corporate criminal liability has become a pivotal issue in modern criminal law, particularly in response to the increasing prevalence of crimes committed by legal entities. This article provides a comparative analysis of the corporate criminal liability systems in Indonesia and the United States, focusing on the legal foundations, models of liability, and enforcement practices. The United States adopts the principle of vicarious liability, allowing corporations to be held accountable for the acts of their employees performed within the scope of employment. In contrast, Indonesia employs a more fragmented approach through sectoral laws, without a unified criminal liability doctrine for corporations. The study reveals that while Indonesia has begun to recognize corporate liability, it still faces significant challenges in legal harmonization and effective enforcement. This comparison aims to contribute to the development of a more comprehensive and adaptive corporate criminal liability system in Indonesia, in line with international best practices.
Implementation of Corporate Criminal Accountability in Indonesian National Economic Crime Deny Prabowo; Yasmirah Mandasari Saragih; Muhammad Faiz Hadi; Sagita Ifani Emri; Kaaisar Romolus Deo Sianipar
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 3 (2025): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i3.5998

Abstract

Corporations as legal entities have become an integral part of the national economic system. However, behind its contribution to economic growth, not a few corporations are involved in economic crimes such as corruption, tax evasion, money laundering, to monopoly and cartel practices. These corporate crimes have a broad and systemic impact, not only harming the state from a financial perspective, but also damaging a healthy economic order and creating social injustice. In the context of Indonesian criminal law, the implementation of accountability for corporations as perpetrators of criminal acts still faces various challenges, both in terms of regulations, technical law enforcement, and understanding of law enforcement officials. This research aims to evaluate the extent to which the implementation of criminal liability against corporations in cases of national economic crimes as well as identify relevant obstacles and solutions. The method used is a normative juridical approach by examining various laws and regulations, jurisprudence case studies, and related scientific literature. The results show that although the recognition of corporations as subjects of criminal law has been contained in several sectoral laws, its implementation is still partial and has not touched the root of the problem, especially in proving structural corporate guilt. Therefore, there is a need for regulatory reform, strengthening the capacity of law enforcement institutions, and integrating a multidisciplinary approach in dealing with corporate crime. By strengthening criminal accountability towards corporations, it is hoped that the Indonesian criminal law system will be able to provide a deterrent effect while maintaining national economic integrity.