This study aims to analyze the legal validity of exoneration clauses in parking tickets that transfer liability for loss to consumers, and to reconstruct the legal relationship between operators and service users. The research method employed is normative juridical with a statutory approach and case analysis of Supreme Court jurisprudence. The results indicate that the legal relationship in modern parking is qualified as a custody agreement (bewaring), not land lease, implying a mandatory duty of care. It was found that the standard clause stating "loss is not the management's responsibility" violates Article 18 of the Consumer Protection Law, rendering it null and void. In conclusion, parking operators are fully liable for the loss of consumer vehicles based on the principle of vicarious liability, and cannot evade this obligation through the inclusion of unilateral clauses that disadvantage the consumer's bargaining position.

The rapid development of Artificial Intelligence (AI) has created new challenges in criminal law, particularly when autonomous systems perform actions that cause harm and potentially fulfil the elements of a criminal offence. Indonesia’s criminal law framework, which remains anthropocentric and limits legal subjects to humans and corporations, does not yet provide an adequate mechanism to determine criminal liability for acts committed by AI. This study aims to analyze the possibility of applying criminal liability to AI as a perpetrator and to identify the parties who may be held accountable when AI acts independently beyond direct human control. This research employs a normative juridical method by examining statutory regulations, criminal law theories, legal doctrines, and international regulatory developments concerning AI. Data were collected through literature studies on digital criminal law, modern liability concepts, and global frameworks such as the European Union Artificial Intelligence Act. The findings indicate that AI cannot fulfil the mens rea requirement under classical criminal liability theory, and therefore cannot be considered a criminal legal subject in the traditional sense. However, AI-generated actions may produce real and significant legal consequences, necessitating alternative models of liability. Three approaches are relevant: vicarious liability, which attributes responsibility to developers or operators; strict liability for high-risk AI systems; and shared liability, which distributes accountability proportionally among involved parties. The concept of electronic legal personhood may also be considered to ensure functional accountability. This study concludes that Indonesia must reform its criminal law by reconstructing the concept of legal subjects, the notion of fault, and the structure of liability in order to effectively and fairly respond to the evolving challenges posed by AI technologies. Keywords: Artificial Intelligence, criminal liability, legal subject

Corporate criminal liability regulation in Indonesia has experienced an extensive evolution with the adoption of the 2023 Criminal Code (KUHP) that is the first law to acknowledge corporations as the subject of criminal law. However, other sectoral laws, such as the Environmental Protection Act, the Anti -Corruption Act, and the Anti -Money launder act still use the divergent principles of defining the principles of liability, the mechanism of evidence, and the form of sanctions. These inconsistencies cause regulatory discord leading to legal ambiguity, uneven application and institutional overlap. The paper will aim to determine normative friction existing between the 2023 KUHP and sectoral legislation and come up with a correct harmonisation model. Using a normative juridical paradigm that incorporates statutory, conceptual, and case approaches, this study establishes that there are four main areas of conflict, which are the principles of liability (strict liability versus fault liability), the attribution models (vicarious liability versus identification theory), the evidentiary standards (reverse burden versus conventional proof), and the typology of sanctions. In a bid to eliminate these discrepancies, the paper develops four harmonisation measures such as structural harmonisation between statutes; systematic interpretation; creation of joint prosecution principles; and harmonisation of sectoral statutes with the KUHP using an integrative model of corporate criminal liability. The conclusions highlight the importance of full harmonisation to create a corporate criminal liability regime that is viable, consistent, and in line with the current penal policy goals.

This study aims to analyze the application of the doctrine of vicarious liability in the liability of hospitals for medical malpractice lawsuits in Indonesia. The increasing number of medical disputes raises questions regarding the extent to which hospitals can be held responsible for the negligence of medical personnel working under their authority. This research employs a normative juridical method with statutory, conceptual, and case approaches, by examining the Indonesian Civil Code, Law No. 44 of 2009 on Hospitals, Law No. 17 of 2023 on Health, and relevant court decisions. The findings reveal that, normatively, hospitals can be held accountable under Article 1367 of the Civil Code, which aligns with the doctrine of vicarious liability (Black, 2019). However, judicial practice in Indonesia remains inconsistent: in some cases judges place liability on hospitals, while in others they hold individual doctors fully responsible (Budiman, Absori & Rizka, 2023; Vitrianingsih, Miarsa & Yahya, 2025). This inconsistency demonstrates a gap between normative regulation and juridical implementation. The novelty of this study lies in emphasizing the importance of the principle of justice in applying vicarious liability. Legal protection should not be limited to written norms but must also be substantive by balancing patients’ rights to safe and quality healthcare with the rights of medical personnel and hospitals to legal certainty. This is in line with Rawls’ (1971) concept of justice as fairness and Radbruch’s (2006) idea of balancing justice, legal certainty, and expediency.

The Mediterranean seaboard stretching across the Middle East consists of lands carved into states that are the inheritance of many older civilisations. These countries are at the intersection of the ancient and the modern world. The Libyan state, which was destroyed in 2011 on the pretext of regime change, was a fusion of classical and Arab civilisations, and the archaeological sites that were once in excellent order now lie in ruins in the wake of the subsequent rebel attacks under air cover. The takeover by factions of mostly Berbers who were given autonomy of conduct by NATO forces allowed the artistic treasures to be systematically dismantled and shipped abroad. The Western-backed militants, often supported by mercenary forces, destroyed the Roman architectural sites that were Libya's heritage. This amounts to a breach of the Hague Conventions for the Protection of Cultural Property, which is a crime in international law; however, the lack of a hierarchical structure makes it difficult to prosecute their commanders. The issue then is whether the arming and logistical support by the US/NATO of the armed factions binds them in vicarious liability for destruction of the cultural property in Libya. This paper argues that there should be a new annex to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict that conveys responsibility for collateral damage to state parties who strategically support, with aerial bombardment, the irregular militias who plunder the culture heritage. This paper examines the aspect of international humanitarian law that applies in NIACs that would lead to the arrest and trial of those at the top of the chain in ‘cultural genocide’ and their liability under international conventions.

Health is a human right that must be guaranteed by the state, as stipulated in the 1945 Constitution and Law No. 17 of 2023. Hospitals play a crucial role as providers of medical services and are responsible for patient safety. However, the increasing number of alleged medical malpractice cases demonstrates a gap between legal norms and practice, particularly regarding applying the vicarious liability doctrine in determining hospital liability for medical personnel's negligence. This study employed a normative juridical method with a statute and a conceptual approach. Secondary data in laws and regulations, literature, and journals were analyzed descriptively and analytically to examine legal norms, liability doctrine, and distributive and corrective justice principles. The results show that although Article 193 of Law No. 17 of 2023 has affirmed hospital liability, its practice still faces legal ambiguity, particularly regarding the status of non-employee physicians. This condition, which we refer to as 'jurisprudential inconsistencies '- a situation where legal decisions or practices are contradictory or unclear-creates a heavy burden of proof for patients and legal uncertainty. This study concludes that a loyalty-based, tiered accountability model is needed, where hospitals are fully responsible for monoloyal physicians, while multiloyal practices implement shared responsibility. This model is expected to strengthen patient protection, increase legal certainty, and encourage equitable hospital governance.

Study This aim For know How provision action criminal post Constitution environmental cluster job creation life as well as accountability absolute on action criminal Constitution Environment , as well as integration in the National Criminal Code. As for the research This use method juridical-normative , so that can concluded : 1). Action criminal (strafbaar feit) which includes each person is an individual or business entity, whether incorporated​ law or not​ bodied law according to Constitution Environment. Among others, Articles 98-120, acts without own legal permits / approval by the government, the occurrence of victims/ damage health, safety environment, officials who do not do supervision, and subjects law corporation, then on action criminal the including action criminal 2). Footing problem error in Constitution this is what is deviant from principle error with use accountability criminal absolute , has There is in a way juridical in National Criminal Code Article 37a, and formulated in the Job Creation Law cluster environment life as strict liability the one who is asleep in Article 88, and vicarious liability ( National Criminal Code Article 37b, and Article 116 of the Job Creation Law Upper LH cluster accountability substitute), besides criminal, there are also dropped criminal addition or action in the Environmental Law life .

The corruption cases involving sugar importation in Indonesia reveal the role of corporations as beneficiaries of abuses of power that cause state financial losses. This condition highlights the necessity of re-examining the legal construction of corporate criminal liability, particularly the relevance of the “corporate benefit” clause as a basis for prosecution. The research applies a normative juridical approach supported by empirical analysis of relevant court decisions. Findings indicate that the clause serves as a preliminary indicator of corporate fault, linking individual actions to corporate interests. The application of identification, vicarious liability, and aggregation theories reinforces the legal foundation for holding corporations criminally liable when proven to have gained from acts of corruption. Ensuring consistent enforcement of these legal principles is essential to advancing justice and enhancing the effectiveness of anti-corruption efforts in Indonesia.

The recognition of political parties as legal entities entails the consequence that they may be regarded as persons under criminal legal jurisdiction. However, this creates issues concerning criminal liability, particularly in relation to culpability in the form of intent or negligence, as Indonesia's criminal law framework continues to follow the doctrine of nullum crimen sine culpa. The complexity increases as it is often difficult to distinguish whether criminal acts are committed by the party as an institution or by individuals within it. In practice, corruption cases involving political parties have mostly targeted individuals rather than the party itself, creating legal ambiguity and weakening institutional accountability. As political parties hold a strategic role in democratic governance, their involvement in corruption undermines both political integrity and public trust. Normatively, the legal responsibility of political entities as incorporated organizations has been accommodated under the Anti-Corruption Law, the Anti-Money Laundering enactment, and Supreme Court Decree No. 13 of 2016. Moreover, the new Indonesian Criminal Code introduces exceptions to the principle of culpability through the doctrines of strict liability and vicarious liability, thereby enabling the application of penal penalties to political parties without the absolute requirement of proving fault. This study, using a normative juridical approach, emphasizes the need for integrating sociological perspectives to ensure that law enforcement is more responsive to systemic corruption threats in Indonesia’s democratic system.

The phenomenon of off-procedure transactions between consumers and business actors is increasingly prevalent in business practices. The legal issue arising from this practice is the uncertainty in consumer protection, as business actors frequently evade liability by invoking the doctrine of ultra vires. This research aims to analyze the legal certainty of consumer protection in off-procedure transactions using an analytical approach based on the principles of ultra vires and vicarious liability. This study employs a normative legal research method, utilizing secondary data obtained through literature review. The findings indicate that the Consumer Protection Law, as lex specialis, provides a strong legal foundation to guarantee the protection of consumer rights, including in transactions conducted outside official procedures, provided that consumers act in good faith and the transactions are related to goods or services traded by business actors. Article 19 of the Consumer Protection Law applies the principle of strict liability, requiring business actors to compensate consumers for losses incurred, while Article 1367 of the Indonesian Civil Code reinforces corporate liability for employees’ actions conducted within the scope of employment under the vicarious liability doctrine. Although business actors may assert the ultra vires doctrine, this principle cannot be used as an absolute defense to evade liability when transactions are connected to the business activities of the company. Therefore, consumer protection must remain a priority to ensure legal certainty and fairness in transactions within Indonesia’s business landscape.

Under Serbian law one of the cases of vicarious liability explicitly foreseen by the 1978 Obligations Act is the liability of the employer for damage caused to a third party by an employee at work or in work-related situations. The employer’s liability emerges only if the employee acted with fault, whereby the existence of the employee’s fault is presumed. The employer may exempt his/her liability if successfully rebuts this presumption, namely, if proves that the employee acted with due diligence and care. Thus, there is no employer’s liability if the employee did not act with fault. Some argue that the requirement that the employee acted with fault qualifies the employer’s vicarious liability as fault-based. However, according to the prevailing opinion in the recent literature it is considered as strict liability, since the employer cannot be exempted from liability by proving that there was no fault of his/her own.However, any contemplation on the relevance of either the employee’s or employer’s fault is redundant, and thus on the nature of the employer’s liability as well, if the employee causes damage to a third party using a so-called hazardous thing, or if the performance of his/her working tasks is regarded as a so-called hazardous activity. Then, the general rules of strict liability apply and the employer cannot exclude his/her liability even by proving that the employee acted with the required care and diligence. The employer’s liability in this case is based on an increased, elevated risk of damage to the surroundings, originating from a hazardous thing or hazardous activity. If the general rules of strict liability are applied to the employer’s vicarious liability, the employer is considered as the proprietor of a hazardous thing, or a person conducting a hazardous activity, regardless that the employee directly controls the elevated risk of damage from the hazardous thing, or performs an activity considered hazardous.This paper aims to explore how Serbian case law interprets the notions of hazardous thing or activity in relation to employer’s vicarious liability. It also examines the relevant factors that may impact the outcome of such cases, such as the nature of the activity being performed, the degree of the risk of damage caused things or activities considered as hazardous, etc.

This paper examines the legal complexities surrounding hospital liability for malpractice committed by independent-contractor physicians, particularly within high-risk emergency care contexts. Through rigorous doctrinal analysis of landmark US decisions including Stelzer v. Northwest Community Hospital (2023), Popovich v. Allina Health System (2020), and Estate of Essex v. Grant County Public Hospital District No. 1 (2024) alongside seminal Commonwealth judgments such as Woodland v. Swimming Teachers Association (UK, 2013) and Kondis v. State Transport Authority (Australia, 1984), the study evaluates how courts apply the doctrines of vicarious liability, nondelegable duty, and apparent authority in cases involving explicit consent disclaimers. Findings reveal significant judicial inconsistencies regarding whether clear contractual disclaimers fully absolve hospitals of institutional liability. To address this doctrinal ambiguity, the paper proposes a novel hybrid liability model that maintains the protective legal force of explicit disclaimers when patients genuinely comprehend their scope, while preserving hospitals' overarching nondelegable obligations to patient safety, particularly in emergency care. By aligning doctrinal reform and policy recommendations, such as multilayered consent strategies, rigorous contractor oversight, integrated communication protocols, and comprehensive governance-level audits with the aims of SDG3, this study offers an actionable framework to enhance healthcare transparency, accountability, and patient safety across contemporary health systems.

The complexity of business structures and the potential for tax avoidance through fictitious schemes contribute to the challenges associated with corporate tax compliance in Indonesia's self-assessment system. This study analyzes the general provisions and procedures of taxation (Tax Administration Law) and the new Criminal Code (KUHP) to understand how corporations are held accountable for tax crimes. The primary concerns pertain to the ambiguity of attributing culpability (mens rea) to non-human entities, the potential for overcriminalization of small corporations, and conflicts of interest within the Directorate General of Taxes (DJP), which fulfills a dual role as both investigator and fiscal authority. A normative legal methodology employing a legislative, conceptual, and historical approach was applied to examine the formulation of articles, corporate liability doctrines, and enforcement mechanisms through the HPP Law, the new KUHP, Supreme Court Regulation No. 13/2016, and Minister of Finance Regulation No. 17/2025. The analysis demonstrates that the legal framework has recognized corporations as criminal subjects through the doctrines of vicarious liability and identification theory, accompanied by penalties ranging from fines to dissolution. Nevertheless, the incentives for compliance mitigation remain limited. The principles of subsidiarity and restorative justice are regulated through voluntary disclosure and alternative penalties. However, implementation requires independent oversight to maintain checks and balances. The recommendations put forth include refining the definition of "directing mind," enhancing corporate compliance incentives, and harmonizing sectoral regulations to achieve a balanced enforcement between deterrence and substantive justice.

PASSENGERS’ SAFETY IN E-HAILING SERVICES: LEGAL ACCOUNTABILITY OF PLATFORMS FOR DRIVERS’ NEGLIGENCE The rapid expansion of Malaysia’s e-hailing sector, dominated by platforms such as Grab and Uber, has intensified legal debates surrounding accountability for drivers’ negligence and passengers’ safety. While these platforms provide essential transportation services, incidents involving drivers’ negligence often leave passengers struggling to seek redress against the platforms. The reason is because e-hailing platforms are not vicariously liable for their drivers’ negligence. Therefore, this article investigates the legal accountability of the platforms in cases involving drivers’ negligence, by focusing on the law of vicarious liability and the law in the Consumer Protection Act 1999 (CPA 1999) to assess whether these existing laws adequately protect passengers. Using a doctrinal legal research methodology, this study analyzes statutory provisions, case law, and comparative jurisdictions in the United Kingdom (UK) and New Zealand to evaluate the applicability of vicarious liability in negligence claims against e-hailing platforms. Findings indicate that Malaysia’s current legal system lacks clarity of the issue due to lack of laws that specifically highlighting the matter. The article argues that legislative reforms are urgently needed to redefine e-hailing platforms’ liability and to have a clear law on passengers’ protection. Proposed solutions include amending the Employment Act 1955 and the Consumer Protection Act to explicitly cover e-hailing services. By closing this gap, Malaysia can better balance the e-hailing industry growth with equitable protections for passengers.

Abstract Research on criminal sanctions against corporations in the restoration of environmental functions has been widely conducted. However, the crucial step of optimizing these sanctions within the framework of ecological justice still presents significant challenges. This paper aims to examine the form of corporate criminal liability in environmental damage cases in Indonesia and explore the optimization of criminal sanctions by ecological justice. This study employs a doctrinal legal research method, using secondary data of primary and secondary legal materials, particularly those related to ecological justice, analyzed through deductive syllogism techniques. The results demonstrate two key findings. First, corporate liability has been progressively regulated through Law Number 32 of 2009, Law Number 3 of 2020, and Law Number 6 of 2023. However, a firmer application of strict liability, vicarious liability, and Identification Theory is required to ensure justice, emphasizing ecological restoration and environmental rights protection. Sanctions should involve fines and incorporate mandatory ecological recovery actions, restoration of impacted indigenous territories, and holistic socio-ecological repair. Second, ecological justice necessitates that corporations responsible for environmental harm are punished and compelled to provide compensation and actively participate in environmental restoration. This approach shifts criminal law from retributive towards restorative-ecological, where sanction optimization involves punitive measures with recovery obligations, reinforcing the corporate status as legal subjects, applying the polluter pays principle, developing ecological loss valuation systems, and formally recognizing the rights of nature.

The constitutional basis regarding the importance of personal data protection is found in Article 28G paragraph (1) of the 1945 Constitution, providing a fundamental basis to guarantee the right to privacy, particularly the protection of personal data. This is due to the development of increasingly complex and large-scale technological innovations. As a result, information regarding personal data is much more likely to be accessed quickly and easily. Especially since the emergence of Robot Process Automation technology in all business fields. RPA is a software robot designed to perform repetitive tasks in processing data and information. Therefore, an enhancement of the security system of this technology is necessary. Thus, it becomes a challenge for businesses to prevent data breach cases such as the loss of personal data. Based on that issue, the problem will be formulated as follows. First, how is the legal regulation in Indonesia regarding the use of Robotic Process Automation (RPA) technology? Second, what is the company's responsibility in the event of data breaches from the use of Robotic Process Automation (RPA) technology? This research uses a normative juridical research type. The data used in this research are secondary data consisting of primary legal materials and secondary legal materials. Based on the research results, first, it was concluded that there are no specific regulations regarding robot process automation, but it can refer to the ITE Law, PDP Law, and Permenkominfo. Second, the company's liability for unlawful acts falls under vicarious liability. Keywords : Personal Data Protection, Responsibility, Robot Process Automation

This study examines the issue of corporate criminal liability in corruption cases occurring within the governance of Indonesia’s commodity trade sector. Corruption in this sector is marked by its complexity, often involving strategic national commodities such as mining products, plantation outputs, and state-managed funds. These offenses are frequently not committed directly by individuals but instead facilitated and executed through corporate entities that function as primary perpetrators or instruments of organized crime. Corporations, beyond being legal entities, possess internal systems capable of structuring and concealing illegal activities through collective decision-making mechanisms. The research aims to identify specific forms of corruption committed by corporations in commodity governance and to analyze how criminal liability can be applied to these legal entities. The study employs a normative juridical method with statutory, case, and conceptual approaches. It focuses on four major court decisions: the Jiwasraya case (Joko Hartono Tirto), the Asabri case (Maj. Gen. (Ret.) Adam Rachmat Damiri), the illegal tin export case (Harvey Moeis), and the illegal land acquisition case involving Surya Darmadi and Duta Palma Group. Findings reveal eight primary forms of corruption within this context: price mark-ups, manipulation of export/import quotas, falsification of production data and documents, collusion in vendor appointments using fictitious partners, concealment of illicit proceeds, illegal exports without permits, unauthorized land control, and evasion of financial obligations such as taxes, royalties, and non-tax state revenues (PNBP). Corporate liability may be established through the identification theory, vicarious liability, and strict liability principles, in line with Supreme Court Regulation No. 13 of 2016 and Article 20 of the Indonesian Penal Code (KUHP Nasional). The study concludes that criminal law enforcement must move beyond punishing individuals to targeting the corporate structures that enable systemic corruption. A structural and policy-oriented approach to corporate criminal liability is essential to ensure deterrence and promote integrity in national commodity governance

This study examines the comparison of the effectiveness of law enforcement against the crime of rape between the current Criminal Code and the new Criminal Code Bill. This analysis focuses on the existing legal framework and the potential changes offered by the Criminal Code Bill, evaluating its implications for victim protection and the imposition of criminal sanctions for perpetrators of the crime of rape. The approach used in this study is a comparison of applicable laws with provisions in the draft law and a comparison with regulations in several foreign countries. This research aims to identify legal loopholes and challenges in the enforcement of rape laws based on the existing Criminal Code, as well as analyze the extent to which the Criminal Code Bill can overcome these weaknesses through more progressive norms. This research also analyzes the philosophical dynamics behind the formulation of the two legal frameworks, including considerations of the principle of legality and its shift towards a dualistic approach in punishment. This research is expected to provide concrete recommendations for improving law enforcement regulations and practices to improve the effectiveness of handling rape cases in Indonesia. This review will also discuss how the concept of criminal liability, including the vicarious liability aspect, is governed in both legal frameworks, as well as its implications for law enforcement in rape cases involving various legal subjects. The effectiveness of law enforcement in rape cases is crucial given the high crime rate in Indonesia, although data shows a slight decrease in crime rates in general.

Vicarious liability is one of the types of responsibilities arising from the acts of others. In US law, there are general rules that, if the persons under the control, commit copyright infringement and a financial benefit reach to the person with the right of control, the latter will have a vicarious liability. Undoubtedly, minors are one of the most obvious examples of people under control, which is often done by their parents. Moreover, in the current era, it is very likely that many infringements are committed by minors, especially in the Internet environment. Therefore, parents are generally subject to vicarious copyright liability arising from the infringing acts minors. the probability of vicarious liability of Parents for chides copyright infringement, has been given under general rule of this type of liability, while the nature of the relationship between parents and children and the basis of parents' responsibility for the fault of their children, Requires some differences in this regard.

Midwifery services are health services provided by midwives, focusing on women’s health, especially mothers and babies, from pre-pregnancy to postpartum care. Midwives are required to offer services based on responsibility, accountability, and competence, adhering to professional standards and legal regulations. Their authority is regulated by law, allowing them to provide maternal and childcare, reproductive health, and family planning, but medical procedures may only be performed with written delegation from a doctor, except in emergencies or areas lacking doctors. If a midwife commits malpractice or acts outside their authority, resulting in harm, they may be subject to civil, criminal, or administrative sanctions. Patients have the right to seek accountability through legal action for negligence or error, and midwives may also face ethical sanctions under the professional code of ethics. Legal responsibility can extend to doctors and health institutions if delegation of authority is not properly documented or supervised, following the principle of vicarious liability. Disputes arising from midwifery services can be resolved through mediation, arbitration, or the courts; compensation may be required for proven losses.