Implementation of Corporate Responsibility Theories Related to The Difference in Criminal and Civil Responsibility Between Corporation and Corporate Officer

Penulis

  • Devina Puspita Sari Fakultas Hukum Universitas Tanjungpura
  • Sri Ismawati Fakultas Hukum Universitas Tanjungpura
  • Siti Rohani Fakultas Hukum Universitas Tanjungpura
  • Mega Fitri Hertini Fakultas Hukum Universitas Indonesia
  • Angga Prihatin Fakultas Hukum Universitas Tanjungpura

DOI:

https://doi.org/10.30659/akta.v10i4.35139

Kata Kunci:

Corporations, Corporate Officer, Corporate Responsibility, Corporate Responsibility Theory

Abstrak

Corporations can be charged with criminal and civil responsibility based on corporate responsibility theories. Corporate criminal responsibility must be differentiated from the corporate officer responsibility, it’s not the same concept in civil law perspective. Corporate responsibility theories, and its implementation in court decision that talk about criminal dan civil corporate responsibility are the subject of this article. The discussion regarding implementation in criminal law perspective is based on the withdrawal of corporate criminal responsibility for the mistakes of corporate officer, even though the corporation was not prosecuted in court, on the other side, in civil law perspective, corporation can imposed based on the fault of their corporate officer even their worker by vicarious liability theory. Research was carried out using a statutory approach, a conceptual approach and a case approach. The case studies are Court Decision Nr. 20/Pdt.G/2018/PN.Jkt.Ut and Nr. 34/Pid.Sus/2019/PN.SDA. The analysis carried out that the corporate responsibility theory used in imposing criminal responsibility on a corporation can be seen in the law that regulates related criminal acts. A distinction must be made between criminal responsibility carried out by corporation and corporate officer. However, in civil law perspective, corporation can imposed based on the fault of their corporate officer even their worker by vicarious liability theory.

Biografi Penulis

  • Devina Puspita Sari, Fakultas Hukum Universitas Tanjungpura
    Devina Puspita Sari, S.H., M.H. born in Jakarta, December 15th, 1989, finished the bachelor form Law Faculty University of Indonesia at 2012 and get Master Degree at the same university, which is Law Faculty University of Indonesia 2021 in business law concentration. From 2022 till now, working as a lecturer in Faculty of Law, Economic Law Section - Tanjungpura University. For contact, please kindly reach at 08119504121 or through email at devinapuspita15@gmail.com / devina.puspita.s@hukum.untan.ac.id
  • Sri Ismawati, Fakultas Hukum Universitas Tanjungpura
    Dr. Sri Ismawati, SH, MHum is The Dean of Faculty of Law  Universitas Tanjungpura. For contact, please kindly reach through email at sri.ismawati@hukum.untan.ac.id
  • Siti Rohani, Fakultas Hukum Universitas Tanjungpura
    Dr. Siti Rohani, SH, MHum is the Head of Economic Law Section in Faculty of Law Universitas Tanjungpura. For contact, please kindly reach through email at siti.rohani@hukum.untan.ac.id
  • Mega Fitri Hertini, Fakultas Hukum Universitas Indonesia
    Mega Fitri Hertini, SH, MHum is The Head of Criminal Law Section in Faculty of Law Universitas Tanjungpura. For contact, please kindly reach through email at mega.fitri.h@hukum.untan.ac.id
  • Angga Prihatin, Fakultas Hukum Universitas Tanjungpura
    Angga Prihatin, SH, MH is a Lecturer in Civil Law Section Faculty of Law Universitas Tanjungpura. For contact, please kindly reach through email at anggaprihatin@hukum.untan.ac.id

Diterbitkan

2023-12-13

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