Abstract
The question of the correlation between theory of criminal liability and criminal punishment on criminal acts committed corporation is important to investigate in order to provide justification for the criminal prosecution of corporations. How a mistake should be constructed from a corporation associated with the theory of corporate criminal liability. As a consequence of the improper condition on the corporate views of whether the corporation has made a criminal offense can be avoided as part of discretion in running the business. If these obligations are not met, the corporation can be condemned for committing crime. The practice of criminal justice to the determination of criminal liability for corporations is not fully in accordance with the theory of corporate criminal liability. In fact, the court decision does not yet reflect a consistent correlation between the theory of criminal liability and criminal punishment on criminal acts of the corporation.Keywords: criminal liability, corporate, criminal justice.
Highlights
As a role of corporation in various field plays greater, economy and the tendency of corporate committed crimes in achieving its goals, there has been a shift in the view that the corporation is the subject of criminal law in addition to human.1 TheRidwan Rangkuti, “Pertanggungjawaban Korporasi Terhadap Tindak Pidana Lingkungan Hidup Menurut UndangUndang Nomor 23 Tahun 1997”, Jurnal Justitia, Vol 1No 03, August 2014, Padangsidampuan: Faculty of LawUniversitas Muhammadiyah Tapanuli Selatan, page 260261.main purpose of a corporation by principles of economics is to seek maximum profit with the minimum capital issued
The corporate criminal liability system adopted by the criminal justice system is aimed to determine the corporation as a creator and is responsible with regard to the functional perpetrators based on the doctrine of identification theory
In corporate terms of errors seen if the corporation has made a criminal offense can be avoided as part of discretion in running the business
Summary
As a role of corporation in various field plays greater, economy and the tendency of corporate committed crimes in achieving its goals, there has been a shift in the view that the corporation is the subject of criminal law in addition to human. The. The corporate criminal liability system adopted by the criminal justice system is aimed to determine the corporation as a creator and is responsible with regard to the functional perpetrators based on the doctrine of identification theory. This doctrine considers that the actions and misdeeds of senior officials are seen as an act and an inner attitude of the company.. Criminal law experts provide a new alternative for corporate responsibility which focuses on accountability, functional and corporate structure. “Kebijakan Formulasi Pertanggungjawaban Pidana Terhadap Korporasi”, Jurnal Ilmu Hukum REUSAM, Vol IV No 1, May 2015, Aceh: Faculty of Law Universitas Malikussaleh, page 82. This paper present how to determine the fault on the corporation and causes punishment in accordance with the fault
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