2020•International Journal of Multicultural and Multireligious UnderstandingOpen access

The Concept of Corporate Crime in the Indonesian Criminal Law System

Rodliyah Rodliyah

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Abstract

This study aims to find answers to the problem "How is corporate criminal liability as a corporate criminal offense?"The type of research used in this study is normative juridical (legal research), which is research focused on examining the application of rules or norms in positive law in force.Corporations act and act on the interests of corporations through a systematic management structure, based on this view and supported by several theories such as Strict Liability and Vicarious Liability, corporations can be subject to criminal penalties.Corporations are liable because without corporate criminal liability, it is not impossible for a company to avoid criminal regulations and not only its employees are sued but also directors, commissioners, shareholders because they have committed a crime which is actually a mistake of business activities carried out by the company.

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This study aims to find answers to the problem "How is corporate criminal liability as a corporate criminal offense?"The type of research used in this study is normative juridical (legal research), which is research focused on examining the application of rules or norms in positive law in force.Corporations act and act on the interests of corporations through a systematic management structure, based on this view and supported by several theories such as Strict Liability and Vicarious Liability, corporations can be subject to criminal penalties.Corporations are liable because without corporate criminal liability, it is not impossible for a company to avoid criminal regulations and not only its employees are sued but also directors, commissioners, shareholders because they have committed a crime which is actually a mistake of business activities carried out by the company.

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Available abstract

This study aims to find answers to the problem "How is corporate criminal liability as a corporate criminal offense?"The type of research used in this study is normative juridical (legal research), which is research focused on examining the application of rules or norms in positive law in force.Corporations act and act on the interests of corporations through a systematic management structure, based on this view and supported by several theories such as Strict Liability and Vicarious Liability, corporations can be subject to criminal penalties.Corporations are liable because without corporate criminal liability, it is not impossible for a company to avoid criminal regulations and not only its employees are sued but also directors, commissioners, shareholders because they have committed a crime which is actually a mistake of business activities carried out by the company.

Key concepts: Mistake, Criminal liability, Normative, Vicarious liability, Criminal law, Law, Shareholder, Business

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