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Conference on Business, Social Sciences and Technology (CoNeScINTech)
Published by Universitas Internasional Batam
ISSN : -     EISSN : 28085485     DOI : https://doi.org/10.37253/conescintech
Core Subject : Economy, Science, Education, Social, Engineering,
Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science
CoNeScINTech (Conference on Business, Social Sciences and Technology) Conducting a research is one of the implementations of Three Pillars of Higher Education that has a crucial role for the development of science, technology, and arts as well as for the improvement of the welfare of society since the research results are directly improve civilization of science.
Arjuna Subject : Umum - Umum
Articles 173 Documents
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Corporate Criminal Liability in Corruption Offense: A Comparative Study of Indonesia, Singapore, and ChinA Fiqih, Geizka Orillia; Setianingrum, Heni Utari; Ramadhani, Zerine Destiva Pasa
Conference on Business, Social Sciences and Technology (CoNeScINTech) Vol. 5 No. 1 (2025): Conference on Business, Social Sciences and Technology (CoNeScINTech)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/conescintech.v5i1.10579

Abstract

This study examines corporate criminal liability in corruption offenses through a comparative analysis of Indonesia, Singapore, and China. These three countries demonstrate distinct legal approaches in prosecuting corporations as perpetrators of crime. Indonesia still employs the identification theory, which limits corporate liability to the actions of top management, as reflected in the Liquefied Natural Gas (LNG) procurement case involving PT Pertamina. In contrast, Singapore applies vicarious liability and strict liability, allowing companies to be held accountable for the actions of their agents without requiring proof of personal fault, as exemplified by the Keppel Offshore & Marine case. China adopts a more progressive approach through the concept of unit crime, enabling simultaneous prosecution of both individuals and corporate entities, as seen in the GlaxoSmithKline case. Using a normative juridical method and comparative legal approach, this research finds that Indonesia faces significant obstacles in directly prosecuting corporations due to weak technical regulations and an individualistic tendency in criminal law enforcement. The study recommends reforming Indonesia’s corporate criminal liability system by adopting more structural and preventive approaches, as implemented in Singapore and China.
Corporate Responsibility in Unconsented Lending Practices: A Comparative Study of Indonesia, Singapore, and Australia Anggriani, Devany; Fahira, Della Nur; Ismail, Muhammad Luthfi
Conference on Business, Social Sciences and Technology (CoNeScINTech) Vol. 5 No. 1 (2025): Conference on Business, Social Sciences and Technology (CoNeScINTech)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/conescintech.v5i1.10580

Abstract

The practice of disbursing loans by fintech companies without the explicit consent of consumers raises serious legal issues, particularly concerning contract validity, consumer protection, and corporate criminal liability. In Indonesia, the existing legal framework does not clearly regulate corporate accountability in cases involving system errors or procedural deviations that harm consumers, unlike the stricter legal approaches implemented in Singapore and Australia. This study aims to analyze the forms of corporate liability in unauthorized lending practices and formulate an ideal legal accountability model for Indonesia through comparative analysis with the legal systems of Singapore and Australia. The research adopts a normative juridical method, using a statute approach, a comparative approach, and a conceptual approach. The analysis focuses on regulations such as POJK No. 10/POJK.05/2022, the Financial Services and Markets Act, and the ASIC Act 2001, as well as case studies including Ochroid Trading Ltd v Chua Siok Lui and ASIC v Rent 2 Own Cars. The findings show that Indonesia’s approach remains administrative and lacks a comprehensive foundation for criminal corporate liability, while Singapore and Australia have incorporated system flaws, transparency, and managerial involvement as key elements of legal responsibility. The study concludes that Indonesia needs to adopt a more progressive legal approach by reforming its regulatory norms and strengthening oversight of fintech operations. A liability model integrating corporate culture theory, vicarious liability, and identification theory is considered more effective in ensuring accountability and legal fairness within the digital financial sector.
Restorative Justice in Handling Corporate Crimes in Decision 187/Pid.Sus-LH/2024/PN Son Situmorang, Otniel Raja Maruli; Firmanda, Ridho Junilham; Purba, Williem Aditya Sion
Conference on Business, Social Sciences and Technology (CoNeScINTech) Vol. 5 No. 1 (2025): Conference on Business, Social Sciences and Technology (CoNeScINTech)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/conescintech.v5i1.10589

Abstract

The use of restorative justice in addressing corporate crimes, particularly in Decision Number 187/Pid. Sus-LH/2024/PN Son concerning breaches of environmental regulations by companies. In this situation, restorative justice, typically used in personal instances, can be effectively implemented by corporations that commit criminal acts. This approach explores how it influences environmental restoration and safeguards the communities that are affected. This research seeks to assess the appropriateness of utilizing the principle of restorative justice in cases of corporate crime, especially in this specific instance, and to investigate its effectiveness and legal consequences in attaining meaningful justice and promoting environmental sustainability. The research method used is normative legal research, with a statutory regulatory approach, a case approach, and a conceptual approach. This approach involves a thorough examination of court decisions, applicable laws and regulations, as well as legal theory and related literature. The findings of the research indicate that in Decision 187/Pid. Sus-LH/2024/PN Son, the implementation of restorative justice involves the requirement to rehabilitate the environment and provide compensation to impacted communities, rather than relying solely on traditional penalties like fines or incarceration for companies. This choice signifies the advancement of environmental criminal law, as it focuses on addressing actual damages instead of merely serving symbolic penalties. Restorative justice concerning environmental violations by corporations emphasizes the need to restore harmed ecological conditions rather than solely concentrating on punishment. This method promotes corporate accountability to address environmental damage and offer restitution to impacted communities. Therefore, restorative justice may serve as an alternative approach for resolving corporate criminal cases, emphasizing restoration and sustainability, accompanied by more explicit regulations and rigorous monitoring systems.

Page 18 of 18 | Total Record : 173

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