Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia

Research Article

Corporate Criminal Liability Practice in Criminal Action of Living Environment

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  • @INPROCEEDINGS{10.4108/eai.17-7-2019.2303335,
        author={Artur Pande Simbolon and Pujiyono  Pujiyono and Purwoto  Purwoto},
        title={Corporate Criminal Liability Practice in Criminal Action of Living Environment },
        proceedings={Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICSTIAMI},
        year={2021},
        month={1},
        keywords={corporate criminal liability environmental pollution crime},
        doi={10.4108/eai.17-7-2019.2303335}
    }
    
  • Artur Pande Simbolon
    Pujiyono Pujiyono
    Purwoto Purwoto
    Year: 2021
    Corporate Criminal Liability Practice in Criminal Action of Living Environment
    ICSTIAMI
    EAI
    DOI: 10.4108/eai.17-7-2019.2303335
Artur Pande Simbolon1,*, Pujiyono Pujiyono1, Purwoto Purwoto1
  • 1: Fakultas Hukum, Universitas Diponegoro, Jl. Prof. H. Soedarto, S.H., Semarang, Indonesia 50275
*Contact email: artursimbolon@gmail.com

Abstract

Based on the adage societas delinquenre non potest, only humans can be convicted (natuurlijk persoon). Along with the times, the corporation can be charged with criminal liability. This research is needed in order to answer the problem of applying criminal liability to corporations in environmental crime. The approach method used is normative juridical using secondary data. The results of the study found that from the decisions examined, there were different views on the offenses committed by the corporation due to the variety of regulation of corporate criminal liability according to the type of criminal action. Therefore, the draft Criminal Code needs to be ratified immediately to eliminate law enforcement doubts caused by the differences in the regulation of corporate criminal liability in criminal law in Indonesia.