Company Responsibility For Unlawful Acts Committed By Third Party Partners (Case Study Of Karanganyar District Court Decision Number 50/Pid.Sus/2024/PN.Krg Regarding Information Crimes And Electronic Transactions In International Mobile Equipment Identity (IMEI) Registration In Central Java Against PT Telekomunikasi Selular)

Abstract

The development of information and communication technology has driven the increasing use of telecommunications devices in Indonesia, including the need for management and verification of the International Mobile Equipment Identity (IMEI). On the other hand, the rampant practice of illegal IMEI registration has caused losses for the state, consumers, and industry players, including PT Telekomunikasi Selular (Telkomsel). One case that has emerged is the Karanganyar District Court Decision Number 50/Pid.Sus/2024/PN.Krg involving a customer service officer from the outsourcing company Infomedia who misused access to Telkomsel's Digital Smart Care (DSC) system to carry out illegal IMEI registrations. This case raises questions about the limits of the company's legal liability for unlawful acts committed by third-party partners. This study aims to: (1) analyze the form and limits of Telkomsel's legal liability for unlawful acts committed by third party partners based on applicable laws and regulations; (2) evaluate the shortcomings of government policies related to limiting corporate liability for unlawful acts by third parties; and (3) examine the development of the concept of vicarious liability in Indonesian civil law and compare it with developments in the Netherlands. This study uses a normative juridical method supported by empirical research. Data were obtained through a literature review of laws and regulations, legal literature, court decisions, and interviews with sources from Telkomsel and the Karanganyar District Attorney's Office. The analysis was conducted descriptively and qualitatively to explain the application of norms and the concept of vicarious liability to cases of illegal IMEI registration. The results of this study are expected to provide theoretical contributions to the development of civil liability studies, particularly regarding vicarious liability and corporate responsibility for the actions of third-party partners. Practically, this research is expected to provide consideration for policymakers and industry players in formulating clearer regulations and supervisory standards, thereby providing adequate legal protection for consumers and supporting a healthy digital ecosystem.