Jurnal Hukum Prasada
Vol. 5 No. 2 (2018): Jurnal Hukum Prasada

Corporate Criminal Liability in Criminal Acts on The Position in an Automotive Company

Zulfita Zahra (Universitas Warmadewa)



Article Info

Publish Date
16 Oct 2018

Abstract

Abstract Corporate Criminal Liability concerns the issue of liability, intentionality or negligence of the Corporation. The cases of consumers’ money embezzlement occuring in Automotive Companies in Indonesia are frequently not submitted to court. Although there were some cases that had been submitted in court and had obtained permanent legal force, the trapped party was only the members or company’. Meanwhile, the company has never been charged. This is because the Indonesia Criminal Code does not recognize legal subjects in corporation. In contrast, Criminal Code only recognizes human as subject to criminal law (Article 59 of the Criminal Code). In addition, the absence of strict regulation regulation provided on Liability of Business Actors (Company/Corporation) against consumers’ losses as stipulated in Act No. 8 of 1999 concerning Consumer Protection (UUPK), specifically the losses from the legal action of employees of the company and senior company officers, is also a leading factor for the development of criminal acts in corporations. The element of examining corporate as the subject to criminal acts miscunduct is difficult to implement due to its non-human nature. However, if the corporation is not demanded to provide liability just because of the difficulty of proving perpetration, impunity to corporation will occur. Keywords: Criminal Act; Corporate Criminal Liability; Penal System

Copyrights © 2018






Journal Info

Abbrev

prasada

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JURNAL HUKUM PRASADA is a peer-reviewed international law journal which published research articles and theoretical articles in law science. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global ...