International Journal of Science and Society (IJSOC)
Vol 8 No 2 (2026): International Journal of Science and Society (IJSOC)

An Analysis of the Application of the Principle of Due Diligence in Corporate Criminal Liability in Indonesia

Zendy (Universitas Pertiba, Pangkalpinang, Indonesia)
Abdul Rasyid Saliman (Universitas Pertiba, Pangkalpinang, Indonesia)



Article Info

Publish Date
03 Jun 2026

Abstract

The objective of this study is to analyze the legal status of the due diligence principle in determining corporate mens rea and to examine its application in the Indonesian criminal justice system. This study employs a normative legal research method using a legislative, conceptual, and case-based approach through the analysis of sectoral regulations and court decisions. The results of the study indicate that the principle of due diligence does not yet have an explicit legal standing in Indonesian positive law, although it is implicitly recognized in several sectoral regulations as a ground for exculpation or mitigation of liability. Its application by law enforcement officials is severely limited due to the absence of a normative framework, low technical capacity, and a judicial system oriented toward individual accountability. The conclusions of this study recommend legislative reform through implementing regulations of the Criminal Code, the development of technical guidelines for due diligence assessments, and the strengthening of institutional capacity among law enforcement officials.

Copyrights © 2026






Journal Info

Abbrev

ijsoc

Publisher

Subject

Materials Science & Nanotechnology Social Sciences

Description

International Journal of Science and Society (IJSOC) is open access and peer-reviewed journal with e-ISSN (2715-8780), IJSOC is an international journal devoted to the study of science and technology in a social context. It focuses on the way in which advances in science and technology influence ...