Jurnal Hukum Mimbar Justitia
Vol 8, No 1 (2022): Published 30 Juni 2022

URGENSI DAN SISTEM PERTANGGUNGJAWABAN PIDANA KORPORASI SEBAGAI PELAKU TINDAK PIDANA KORUPSI

Ade Mahmud (Universitas Islam Bandung)



Article Info

Publish Date
30 Jun 2022

Abstract

The issue of criminal liability for corporations continues to be a concern for academics, practitioners and the business world because it always invites problems about who should be responsible for acts of corruption involving corporations. This study aims to analyze the urgency of corporate responsibility as perpetrators of corruption and the system of corporate responsibility in corruption. This study uses a normative juridical approach with secondary data analyzed descriptively qualitatively The results of the study show that the criminal liability of corporations as perpetrators of criminal acts of corruption is legally absolute as long as it can be proven that the act was intended for the benefit of the corporation, meaning that the actus reus mens rea in the management is considered as the evil intention of the corporation so that the corporation is very relevant to be burdened with criminal responsibility. The corporate criminal responsibility system which is considered appropriate for corruption is a responsibility system that places the corporation as the maker of the corporation that must be responsible even though in fact the act was carried out by the management but the action is seen as a corporate action.Keywords: Corruption, Corporate Liability.

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Journal Info

Abbrev

jhmj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focus and Scope Focus of Jurnal Hukum Mimbar Justitia has a main focus on the publication of scientific articles related to various aspects of law, both in national and international contexts. The journal aims to be a platform for academics, legal practitioners, and researchers to share knowledge, ...